(1)

Council Regulation (EC) No 43/2009 (4) fixes for 2009 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.

(2)

Annex IIA to Regulation (EC) No 43/2009 lays down the rules for the management of fishing effort in the context of the long-term plan for the management of Cod stocks established in Regulation (EC) No 1342/2008 and in particular establishes, in Appendix 1 to that Annex, the maximum allowable effort in kW days for each Member State to be deployed in the concerned areas and with the concerned gear groupings. Having regard to Council Regulation (EC) No 754/2009 of excluding certain groups of vessels from the application of the effort regime laid down in Chapter III of Regulation (EC) No 1342/2008 (5), it is necessary to adjust the maximum allowable effort as laid down in Appendix 1 of Annex IIA to Regulation (EC) No 43/2009 by deducting for Spain 590 583 kW-days from effort group TR1 in area (d) and for Sweden 148 118 kW-days from effort group TR2 in geographical area (a) and 705 625 kW-days from effort group TR2 in geographical area (b). In view of the retroactive application of Regulation (EC) No 754/2009 from 1 February 2009, these adjustments should apply from that same date.

(3)

According to Article 9 of Regulation (EC) No 302/2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, the Council is to determine and distribute among the Member States the maximum number of baitboats and trolling boats authorised to fish actively bluefin tuna in the Atlantic; of vessels fishing actively bluefin tuna in the Adriatic for farming purposes, and of the coastal artisanal baitboats, longliners and handliners fishing actively for fresh bluefin tuna in the Mediterranean. In addition, the Council is to decide on the allocation among Member States of the Community quota of bluefin tuna. The Community quota of undersized bluefin tuna is based on the Community quota allocated to the European Community by ICCAT Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean.

(4)

In order to gather more scientific information on krill, a species of fundamental importance to the Antarctic marine ecosystem, it is appropriate to implement multiple recent recommendations from the Conservation of Antarctic Marine Living Resources Scientific Committee, established under the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), reiterated at the 2008 meeting of the Scientific Committee to guarantee a 100 % observer coverage in krill fishery in the CCAMLR Convention Area under Community law.

(5)

In the context of the fisheries agreement with Norway, a further 750 tonnes of cod in Norwegian waters of ICES zones I and II have been made available to the Community.

(6)

The proposal made by representatives from the European Community, the Faeroe Islands, Greenland, Iceland, Norway and the Russian Federation at a meeting in London from 9 to 11 February 2009 regarding the management of redfish in the Irminger Sea and adjacent waters in the NEAFC Convention Area in 2009 and subsequently agreed by the Contracting Parties of the North-East Atlantic Fisheries Commission (NEAFC) should be implemented in Community law. As that Agreement is applicable for the whole of 2009, the fishing opportunities should apply retroactively from 1 January 2009.

(7)

The conclusions of the EU-Greenland Joint Committee meeting in Copenhagen on 25 November 2008, as regards the Community share of redfish in Greenland waters of ICES zones V and XIV should be implemented in Community law. As the arrangement concluded with Greenland is connected to the NEAFC Agreement on the management of redfish in the Irminger Sea and adjacent waters, the measures adopted for the implementation of the conclusions of the EU-Greenland Joint Committee meeting should also apply retroactively from 1 January 2009.

(8)

The total allowable catch (TAC) adopted for Greenland halibut in management area EC waters of IIa and IV; EC and international waters of VI, for mackerel in management area VI, VII, VIIIa, VIIIb, VIIId and VIIIe, EC waters of Vb and international waters of IIa, XII and XIV and for horse mackerel in management area VI, VII, VIIIa, VIIIb, VIIId and VIIIe, EC waters of Vb, international waters of XII and XIV, should cover EC waters and international waters of Vb in order to avoid misreporting. The management areas for those TACs should therefore be amended accordingly.

(9)

In order to protect juveniles of cod, haddock, saithe and whiting species, a system of real-time closures in the North Sea and Skagerrak should be established, in accordance with the agreed record of conclusions of consultation between the European Community and Norway agreed in London on 3 July 2009.

(10)

It is necessary to correct the provisions regarding the restrictions on fishing for cod, haddock and whiting in ICES zone VI in order to ensure that the geographical scope of the derogations for fishing for nephrops and for fishing with trawls, demersal seines or similar gears is the same.

(11)

The proposal made by the Heads of Delegation of the Contracting Parties of the North-East Atlantic Fisheries Commission (NEAFC) (Denmark in respect of the Faeroe Islands and Greenland, European Community, Iceland, Norway and the Russian Federation) at a meeting in London from 24 to 27 March 2009 regarding the protection of vulnerable marine ecosystems from significant adverse impacts in the NEAFC regulatory area and subsequently agreed by the Contracting Parties of NEAFC should be implemented into Community law.

(12)

In order to ensure that catches of mackerel by third-country vessels in Community waters are correctly accounted for, it is necessary to put in place strengthened control provisions for such vessels. Having regard to the distribution of the mackerel stock, appearing mainly in the waters of the United Kingdom, it is appropriate that third country vessels transmit their reports to the UK Fisheries Monitoring Centre (Edinburgh).

(13)

In order to ensure certainty for the fishermen concerned and to allow them to plan their activities for this fishing season as soon as possible, it is imperative to grant an exception to the six-week period referred to in Title I, Article 3, of the Protocol on the role of national Parliaments in the European Union annexed to the Treaty on the European Union and to the Treaties establishing the European Communities.

(14)

Regulation (EC) No 43/2009 should therefore be amended accordingly,

1.

the following Chapter VIIIa is inserted:

2.

in Article 48, the following paragraph is inserted:

3.

in Article 50, paragraph 4 is deleted;

4.

the following Articles are inserted:

(*1)  The Community catch limits are based on the Community quota allocated to the European Community by ICCAT Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean."

(*2)  This quantity may be revised by the Commission upon request of France, up to an amount of 100 tonnes as indicated by ICCAT Recommendation 08-05.’;"

(*1)  The Community catch limits are based on the Community quota allocated to the European Community by ICCAT Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean."

5.

Annex IA is amended as follows:

6.

Annex IB is amended as follows:

7.

Appendix 1 to Annex IIA is amended as follows:

8.

Annex III is amended as follows:

(f)

the following point 19a is inserted: ‘19a.   Conditions for third-country vessels fishing for mackerel in EC waters The following provisions shall apply to third-country vessels intending to fish for mackerel in EC waters: (a) vessels may only commence their fishing trip after having received authorisation from the competent authority of the coastal Member State concerned. Such vessels shall only enter EC waters after passing through one of the following control areas: — ICES rectangle 48 E2 in Division Via, — ICES rectangle 50 F1 in Division Iva, — ICES rectangle 46 F1 in Division IVa. At least four hours prior to entering one of the control areas, upon entering EC waters, the master of the vessel shall contact the UK Fisheries Monitoring Centre (Edinburgh) by e-mail at the following address: ukfcc@scotland.gsi.gov.uk or by telephone (+ 44 131 271 9700). The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control area through which the vessel will enter EC waters. The vessel shall not commence fishing until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the fishing trip is terminated; (b) vessels that enter EC waters with no catch on board shall be exempt from the requirements laid down in point (a); (c) the fishing trip shall be considered as being terminated when the vessel leaves EC waters or enters a Community port where its catch is fully discharged. Vessels shall only leave the EC waters after passing through one of the control areas. Upon leaving EC waters, the master of the vessel shall give at least two hours prior notification of entering one of the control areas to the Fisheries Monitoring Centre in Edinburgh by e-mail or telephone as provided for in paragraph a). The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control area through which the vessel intends to pass. The vessel shall not leave the control area until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the vessel leaves the EC waters.’; (d) the following Appendixes shall be added to Annex III: ‘Appendix 7 to Annex III Sampling Methodology Samples shall be taken and measured in accordance with following provisions: — Samples should be taken and measured in close cooperation with the master of fishing vessel and his crew. They should be encouraged to participate in the process. They should also be encouraged to share any information that could be relevant with respect to the delimitation of a closed area. — The total catch in the haul shall be estimated. — A sample shall be taken when it is estimated that at least 300 kg of cod, haddock, saithe and whiting are present in one haul. — The minimum size of the sample shall be 200 kg of cod, haddock, saithe and whiting. — The sample must be taken in such a way that it reflects the catch composition with respect to the four species. — When appropriate due to the size of the catch the sample should be taken in the beginning, the middle and the end of the catch. — The quantity of juveniles shall be calculated as a percentage by species and as a total of all four species. — The sampling report shall be duly completed immediately after the sample has been measured. The report shall then be sent to the Coastal State.’ ‘Appendix 8 to Annex III Text of image REAL TIME CLOSURES — SAMPLING REPORT TO COASTAL STATE JUVENILES OF COD, HADDOCK, SAITHE AND WHITING Inspection/observation details Inspection platform Inspector/observer name Inspector/observer name Date and time (1) of inspection/observation Position (2) of inspection/observation Fishing vessel details Name Call sign Registration number Flag State Type of gear Mesh size mm Fishing vessel details (Pair trawler) Name Call sign Registration number Flag State Type of gear Mesh size mm Fishing operation details Start Date and time (3) Position (2) Duration of fishing operation (3) Midpoint of fishing operation (3) Stop Date and time (3) Position (2) Catch details in weight Estimated total catch in the haul (kilo) Size of sample (kilo of cod, haddock saithe and whiting in the haul) Cod Haddock Saithe Whiting Total Total Total Total Juveniles Juveniles Juveniles Juveniles % % % % All four species total All four species juveniles All four species % Observations and additional information Observations made by the inspector/observer during the inspection including non-mandatory use of selective gears. Additional information from other sources, e.g. received from master. If relevant, advice with respect to the delimiting of a closed area (min. 4, max. 6 joining points). Inspector Signature Not required if completed electronically and transmitted to Coastal State by e-mail. (1) dd/mm/yy hh mm (local time 24 hours). (2) e.g. 56′24′ N 001′30′ E (3) hh mm.’