Article 1 Subject-matter
This Regulation fixes for the years 2009 and 2010 the annual fishing opportunities available to Community fishing vessels for stocks of deep-sea species in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which such fishing opportunities may be used.
Article 2 Definitions
1. For the purposes of this Regulation, ‘deep-sea fishing permit’ means the fishing permit referred to in Article 3 of Regulation (EC) No 2347/2002. 2. The definitions of ICES and CECAF zones are those given, respectively, in Regulation (EEC) No 3880/91 and Regulation (EC) No 2597/95.
Article 3 Fixing of fishing opportunities
Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in the Annex.
Article 4 Allocation among Member States
The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to: (c) additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96; (d) quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96; (e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96 and Article 23(4) of Regulation (EC) No 2371/2002.
Article 5 Quota flexibility
For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to the present Regulation shall be considered ‘Analytical’ quotas. However, the measures provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.
Article 6 Conditions for landing catch and by-catch
1. Fish from stocks for which fishing opportunities are fixed by this Regulation may be retained on board or landed only if they were taken by vessels of a Member State which has a quota which is not exhausted. All landings shall count against the quota. 2. Paragraph 1 shall not apply to catches taken in the course of scientific investigations carried out in accordance with Article 43 of Regulation (EC) No 850/98. Such catches shall not count against the quota.
Article 7 Orange roughy
1. Those positions and the corresponding rhumb lines and vessel positions shall be measured according to the WGS84 standard. 3. Member States shall ensure that vessels holding a deep-sea fishing permit are properly monitored by the Fisheries Monitoring Centres (FMC), which shall have a system to detect and record the vessels’ entry into, transit through and exit from the areas defined in paragraph 1.
Article 8 Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union . It shall apply from 1 January 2009.