2005R0027 — EN — 29.11.2005 — 003.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

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COUNCIL REGULATION (EC) No 27/2005 of 22 December 2004 fixing for 2005 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 (OJ L 012, 14.1.2005, p.1)

Amended by:

		Official Journal
		No	page	date
►M1	COUNCIL REGULATION (EC) No 860/2005 of 30 May 2005	L 144	1	8.6.2005
►M2	COMMISSION REGULATION (EC) No 1262/2005 of 1 August 2005	L 201	23	2.8.2005
►M3	COUNCIL REGULATION (EC) No 1300/2005 of 3 August 2005	L 207	1	10.8.2005
►M4	COUNCIL REGULATION (EC) No 1936/2005 of 21 November 2005	L 311	1	26.11.2005

Corrected by:

►C1	Corrigendum, OJ L 281, 25.10.2005, p. 1  (27/05)

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COUNCIL REGULATION (EC) No 27/2005

of 22 December 2004

fixing for 2005 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

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes fishing opportunities for the year 2005, for certain fish stocks and groups of fish stocks, and the specific conditions under which such fishing opportunities may be used.

However, for certain Antarctic stocks, it fixes the fishing opportunities and specific conditions for the periods set out in Annex IF.

Article 2

Scope

This Regulation shall apply to:

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

Article 4

Fishing zones

For the purpose of this Regulation, the following zone definitions shall apply:

CHAPTER II

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS

Article 5

Fishing opportunities and allocations

1.  Fishing opportunities for Community vessels in Community waters or in certain non-Community waters and the allocation of such fishing opportunities among Member States shall be as set out in Annex I.

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2.  Community vessels are hereby authorised to make catches, within the quota limits set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the conditions set out in Articles 9, 16 and 17.

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3.  The Commission shall fix the fishing opportunities for capelin in zones V, XIV (Greenland waters) available to the Community equal to 7,7 % of the capelin TAC as soon as the TAC has been established.

4.  Fishing opportunities for the stocks of blue whiting in zones I-XIV (EC waters and international waters) and herring in zones I and II (EC waters and international waters) may be increased by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 when third countries do not respect a responsible management of those stocks.

Article 6

Special provisions and allocations

The allocation of fishing opportunities among Member States as set out in Annex I shall be without prejudice to:

Article 7

Quota flexibility

For 2005, the following stocks shall be as set out in Annex I to this Regulation:

Article 8

Conditions for landing catch and by-catches

1.  Fish from stocks for which fishing opportunities are fixed shall not be retained on board or landed unless:

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), (e) and (f).

3.  By derogation from paragraph 1, when fishing opportunities of a Member State for herring in Sub-areas II (EC waters), III, IV and subdivision VII d are exhausted, it shall be prohibited for vessels, flying the flag of that Member State, and registered in the Community, and 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 Articles 4 and 11 of Regulation (EC) No 850/98 and Articles 2 and 3 of Regulation (EC) No 88/98.

Article 9

Access limits

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.

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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:

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Article 10

Special conditions for landings of unsorted catches from Sub-areas IIa (EC waters), III, IV and VIId

The measures set out in Annex II shall apply with regard to the landing of unsorted landings from Sub-areas IIa (EC waters), III, IV and VIId.

Article 11

Other technical and control measures

The technical measures set out in Annex III shall apply in 2005 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 10 of Annex III 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 stocks

1.  For the period 1 January to 31 January 2005, for the management of cod stocks in Kattegat, North Sea, Eastern Channel, Skagerrak, to the West of Scotland and in the Irish Sea the fishing effort limitations and associated conditions laid down in points 1 to 5, 6a, 6c, 6d, 6e and 7 to 22 of Annex V to Regulation (EC) No 2287/2003 of 19 December 2003 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 ( 27 ) shall apply.

2.  For the period 1 February 2005 to 31 December 2005 for the management of cod stocks mentioned in paragraph 1, the fishing effort limitations and associated conditions laid down in Annex IVa shall apply.

3.  From the 1 February 2005, the fishing effort limitations and associated conditions laid down in Annex IVb shall apply to the management of fisheries in the Cantabrian Sea and the Western Iberian peninsula.

4.  From 1 February 2005, the fishing effort limitations and associated conditions laid down in Annex IVc shall apply to the management of the stock of sole in the Western Channel.

5.  The fishing effort limitations and associated conditions laid down in Annex V shall apply to the management of sandeel stocks in Skagerrak and the North Sea.

6.  The Commission shall fix the final fishing effort for 2005 for the fisheries on sandeel in zones IIa, IIIa, IV based on the rules laid down in point 6 of Annex V.

7.  All vessels using gear types identified in points 4 of Annexes IVa, IVb, IVc respectively and fishing in areas defined in points 2 of Annexes IVa, IVb, IVc respectively shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

8.  Member States shall ensure that for 2005 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits do not exceed 90 % of the average annual fishing effort deployed by that Member State's vessels in 2003 on trips when deep-sea fishing permits were held and deep-sea species, as listed in Annex I and Annex II to Council Regulation (EC) No 2347/2002, excluding greater silver smelt, were caught.

CHAPTER III

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR THIRD COUNTRY VESSELS

Article 13

Authorisation

Vessels flying the flag of Barbados, Guyana, Japan, South Korea, Norway, Suriname, Trinidad and Tobago and Venezuela and vessels registered in the Faroe Islands shall be authorised to make catches in Community waters, within the quota limits set out in Annex I, and subject to the conditions provided for in Articles 14, 15, 18, 19, 20, 21, 22, 23 and 24.

Article 14

Geographic restrictions

Fishing by vessels flying the flag of:

Article 15

Conditions for landing catch and by-catch

Fish 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 VESSELS

Article 16

Licences and associated conditions

1.  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 subparagraph shall not apply to the following Community vessels, when fishing in Norwegian waters of the North Sea:

2.  The maximum number of licences and other associated conditions shall be fixed as set out in Part I of Annex VI. Requests for licences shall indicate the types of fishing and the name and characteristics of the vessels for which licences 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.

If one Member State transfers quota to another Member State (swap) in the fishing areas set out in Part I of Annex VI, the transfer shall include an appropriate transfer of licences and shall be notified to the Commission. However, the total number of licences for each fishing area, as set out in Part I of Annex VI, shall not be exceeded.

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 Islands

Community 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 VESSELS

Article 18

Obligation to have a licence and a special fishing permit

1.  Notwithstanding Article 28b of Regulation (EC) No 2847/93, vessels flying the flag of Norway of less than 200 GT shall be exempt from the obligation to have a licence and a fishing permit.

2.  The licence and special fishing permit shall be kept on board. However, vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.

3.  Vessels from third countries authorised to fish on 31 December 2004 may continue to fish as from 1 January 2005 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 permit

An application to the Commission for a licence and special fishing permit from an authority of a third country shall be accompanied by the following information:

Article 20

Number of licences

The number of licences and special associated conditions shall be fixed as set out in Part II of Annex VI.

Article 21

Cancellation and withdrawal

1.  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 preceding 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 set out 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 rules

1.  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 fulfilled.

2.  The Commission shall submit to the authorities of the third country concerned the names and characteristics of the vessels which will 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 holder

1.  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, (EC) No 88/98, (EC) No 850/98, (EC) No 1434/98 and (EEC) No 1381/87.

2.  The vessels referred to in paragraph 1 shall keep a logbook in which the information set out in Part I of Annex VII, shall be entered.

3.  Third-country vessels, except vessels flying the flag of Norway fishing in ICES Division IIIa, shall transmit the information set out in Annex VIII to the Commission, in accordance with the rules laid down in that Annex.

Article 24

Specific provisions concerning the French Department of Guyana

1.  The granting of licences to fish in the waters of the French Department of Guyana shall be subject to an 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 a declaration to the French authorities stating the quantities of shrimp caught and kept on board since the last declaration. This declaration shall be in accordance with the model set out in Part III of Annex VI. 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 logbook 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.  Vessels fishing in the waters of the French Department of Guyana shall keep a logbook corresponding to the model appearing in Part II of Annex VII. A copy of this logbook 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 NAFO REGULATORY AREA

SECTION 1

Community participation

Article 25

List of vessels

1.  Only Community vessels of more than 50 gross tonnes which have been issued a special fishing permit by their flag Member State and are included in the NAFO vessel register shall be authorised, on the conditions set out in the permit, to fish, keep on board, trans-ship and land fishery resources from the NAFO Regulatory Area.

2.  Each Member State shall inform the Commission in computer readable form, at least 15 days before the new vessel enters the NAFO Regulatory area, of any amendment to its list of vessels flying its flag and registered in the Community that are authorized to fish in the NAFO Regulatory area. The Commission shall forward this information promptly to the NAFO Secretariat.

3.  The information referred to in paragraph 2 shall include the following information:

4.  For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall include:

SECTION 2

Technical measures

Article 26

Mesh sizes

1.  The 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 groundfish species referred to in Annex IX. 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 a minimum of 280 mm in the cod-end and 220 mm in all other parts of the trawl.

2.  Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm.

Article 27

Attachments to nets

1.  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 listed in Annex X.

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 of 72 cm in length as described in Appendix 4 to Annex III.

Article 28

By-catches

1.  Masters of 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 NAFO Regulatory Area where directed fishing of certain species is banned or an ‘others’ quota has been fully utilised, by-catches of each of the species listed in Annex ID shall not exceed 1 250 kg or 5 % respectively.

3.  Whenever the total amounts of species for which by-catch limits apply in any haul exceed the limits laid down in paragraph 2, whichever is applicable, vessels shall immediately move a minimum of five nautical miles from the previous haul position. Whenever the total amounts of species for which by-catch limits apply in any subsequent haul exceed the said limits, vessels shall again immediately move a minimum of five nautical miles from the previous haul position 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 five nautical miles from the position of the previous haul.

5.  Catches of shrimp shall not be used in the calculation of by-catch level of groundfish species.

Article 29

Minimum size of fish

Fish from the NAFO Regulatory Area which do not have the size required as set out in Annex XI may not be processed, retained on board, trans-shipped, 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 shall 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 XI, shall be deemed to originate from fish that is below the minimum fish size.

SECTION 3

Control measures

Article 30

Product labelling and separate stowage

1.  All processed fish harvested in the NAFO Regulatory Area shall be labelled in such a way that each species and product category is identifiable. It shall also be marked as having been caught in the NAFO Regulatory Area.

2.  All shrimp harvested in Division 3L and all Greenland halibut harvested in Sub-area 2 and Divisions 3KLMNO shall be marked as having been caught in these respective areas.

3.  Catches of the same species shall be stowed clearly separate from catches of other species. All catches taken within the NAFO Regulatory Area shall be stowed separately from catches taken outside this area.

Catches may be stowed in more than one part of the hold but in each part of the hold where it is stowed, it shall be kept clearly separate, by the use of plastic, plywood, netting, etc. from catches of other species.

Article 31

Production logbook and stowage plan

1.  In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of vessels shall enter in the logbook the information listed in Annex XII to this Regulation.

2.  Each Member State shall, in computer readable form, before the 15th of each month, notify the Commission of the quantities of stocks specified in Annex XIII landed during the preceding month and communicate any information received under Articles 11 and 12 of Regulation (EEC) No 2847/93.

3.  The master of a Community vessel shall, in respect of catches of the species listed in Annex ID, keep:

4.  The production logbook and stowage plan referred to in paragraph 3 shall be updated on a daily basis for the preceding day reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) and shall be kept onboard until the vessel has unloaded completely.

5.  The master shall provide the necessary assistance to enable the quantities declared in the logbook and the processed products stored on board to be verified.

Article 32

Nets

When fishing directly for one or more of the species listed in Annex IX, vessels shall not carry nets with a 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:

Article 33

Trans-shipment

Community vessels shall not engage in trans-shipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities.

Article 34

Monitoring of fishing effort

1.  Each Member State shall take the necessary measures to ensure that the fishing effort of its vessels referred to in Article 25 is commensurate to the fishing possibilities available to that Member State in the NAFO Regulatory Area.

2.  Member States shall transmit to the Commission the fishing plan for their vessels fishing for species in the NAFO Regulatory Area no later than 31 January 2005 or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels which will engage in these fisheries and the intended number of fishing days in the NAFO Regulatory Area.

Member States shall, on an indicative basis, inform the Commission of the intended activities of the vessels in other areas.

The fishing plan shall represent the total fishing effort to be deployed with respect to the fisheries in relation to the extent of the fishing opportunities available to the Member State making the notification.

Member States shall, no later than 31 December 2005, report to the Commission on the implementation of their fishing plans, including the number of vessels actually engaged in this fishery and the total number of days fished.

SECTION 4

Special provisions for Northern prawns

Article 35

Northern prawn fisheries

Each Member State shall report to the Commission daily on the quantities of Northern prawns (Pandalus borealis) caught in Division 3L of the NAFO Regulatory Area by vessels flying its flag and registered in the Community. All fishing activities shall take place in depths greater than 200 metres and shall be limited to one vessel per each Member State allocation at any one time.

SECTION 5

Special provisions for recovery plan of Greenland halibut

Article 36

Prohibition concerning Greenland halibut

It shall be prohibited for Community fishing vessels to fish Greenland halibut in NAFO Sub-area 2 and Divisions 3KLMNO and to retain on board, trans-ship or land Greenland halibut fished in that zone if they do not carry a special fishing permit issued by their flag Member State.

Article 37

List of vessels

1.  Member State shall ensure that vessels to which the special fishing permits referred to in Article 36 are to be issued are included in a list containing their names and internal numbers as defined in Annex I to Regulation (EC) No 26/2004. Member States shall issue the special fishing permit only when the vessel has been entered into the NAFO vessel register.

2.  Each Member State shall send to the Commission the list provided for in paragraph 1 and all subsequent amendments in a computer readable form.

3.  Amendments to the list provided for in paragraph 1 shall be transmitted to the Commission at least five days prior to the date that the vessel newly inserted in that list enters Sub-area 2 and Divisions 3KLMNO. The Commission shall promptly forward amendments to the list to the NAFO Secretariat.

4.  Each Member State shall take necessary measures to allocate its quota for Greenland halibut among its vessels included in the list referred to in paragraph 1. Member States shall inform the Commission of the allocation of quotas not later than 15 days following the date of entry into force of this Regulation.

Article 38

Reports

1.  Masters of vessels referred to in Article 37(2) shall transmit the following reports to the Flag Member State:

2.  Member States shall, upon receipt, transmit the reports provided for in paragraph 1(a), (c) and (d) to the Commission.

3.  When catches of Greenland halibut notified in accordance with paragraph 2 are deemed to have exhausted 70 % of the Member States' quota allocation, masters shall transmit the reports referred to in point 1(b) on a three day basis.

Article 39

Designated ports

1.  It shall be 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 in which landings of Greenland halibut may take place and shall determine the associated inspection and surveillance procedures, including the terms and conditions for recording and reporting 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 the 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 40

Inspection in port

1.  Member States shall ensure that all vessels entering a designated port to land and/or trans-ship Greenland halibut caught within NAFO Sub-Area 2 and Divisions 3 KLMNO are submitted to an inspection in port in accordance with the port inspection scheme of NAFO.

2.  It shall be prohibited to discharge and/or trans-ship catches from the vessels referred to in paragraph 1 until the inspectors are present.

3.  All quantities discharged shall be weighed 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 seven working days from the date at which the inspection was completed.

Article 41

Prohibition of landings and trans-shipments for Non-Contracting Party vessels

Member States shall ensure that landings and trans-shipments of Greenland halibut from non-Contracting Party vessels which have been engaged in fishing activities in the NAFO Regulatory Area are prohibited.

Article 42

Follow up on fishing activities

Member States shall submit a report to the Commission by 31 December 2005 at the latest on the implementation of the measures laid down in Articles 36 to 41, including the total number of days fished.

SECTION 6

Special provisions for redfish

Article 43

Redfish fishery

1.  Every second Monday, the master of a Community vessel fishing for redfish in Division Sub-Area 2 and Division IF, 3K and 3M of the NAFO Regulatory Area, shall notify 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 zones in the two-week period ending at 12 midnight on the previous Sunday.

When accumulated catches reach 50 % of the TAC, the notification shall be made weekly each Monday.

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 have 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 CCAMLR

SECTION 1

Restrictions and vessel information requirements

Article 44

Prohibitions and catch limitations

1.  Direct fishing of the species set out in Annex XIV shall be prohibited in the zones and during the periods set out in that Annex.

2.  For new and exploratory fisheries, the catch and by-catch limits set out in Annex XV shall apply in the Sub-areas set out in that Annex.

Article 45

Information requirements relating to vessels authorised to fish in the Area of CCAMLR

1.  In addition to the information requirements relating to authorised vessels set forth in Article 3(2) of Regulation (EC) No 601/2004, Member States shall, as from 1 August 2005, communicate to the Commission the following in respect of such vessels:

2.  As from 1 August 2005, Member States shall, to the extent practicable, also communicate to the Commission the following information relating to vessels authorised to fish in the Area of CCAMLR:

SECTION 2

Exploratory fisheries

Article 46

Participation in exploratory fisheries

1.  Fishing vessels flying the flag of and registered in Spain that have been notified to CCAMLR in accordance with the provisions of Article 7 of Regulation (EC) No 601/2004 may participate in long-line exploratory fisheries for Dissostichus spp. in Sub-area FAO 88.1, and in Divisions 58.4.1, 58.4.2, 58.4.3a) outside Areas of national jurisdiction and 58.4.3b) outside Areas of national jurisdiction.

2.  No more than one fishing vessel shall fish in Divisions 58.4.3a) and 58.4.3b) at any one time.

3.  With regard to Sub-area 88.1 and Divisions 58.4.1 and 58.4.2, total catch and by-catch limits per Sub-area and Division, and their distribution among Small Scale Research Units (SSRUs) within each of them are set out in Annex XV. Fishing in any SSRU shall cease when the reported catch reaches the specified catch limit and that SSRU shall be closed to fishing for the remainder of the season.

4.  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 fishing effort. However, fishing in Divisions 58.4.1 and 58.4.2 will be prohibited in depths less than 550 m.

Article 47

Reporting systems

Fishing vessels participating in the exploratory fisheries referred to in Article 46 shall be subject to the following catch and effort reporting systems:

Article 48

Special requirements

1.  The exploratory fisheries referred to in Article 46 shall be carried out in accordance with Article 8 of Council Regulation (EC) No 600/2004 of 22 March 2004 laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources ( 29 ) with regard to applicable measures to reduce the incidental mortality of seabirds in the course of long-line fisheries. In addition to these measures:

2.  Fishing vessels participating in exploratory fisheries in FAO Sub-area 88.1 shall be subject to the following additional requirements:

Article 49

Definition of hauls

1.  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:

Article 50

Research plans

Fishing vessels participating in the exploratory fisheries referred to in Article 46 shall implement Research Plans, in each and all SSRUs in which FAO Sub-area 88.1 and Divisions 58.4.1 and 58.4.2 are divided. The Research Plan shall be implemented in the following manner:

Article 51

Data collection plans

1.  Fishing vessels participating in the exploratory fisheries referred to in Article 46 shall implement Data Collection Plans, in each and all SSRUs in which FAO Sub-area 88.1 and Divisions 58.4.1 and 58.4.2 are divided. The Data Collection Plan shall comprise the following data:

2.  All data referred to under paragraph 1 shall be collected 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 shall be applied.

Article 52

Tagging programme

Each fishing vessel participating in the exploratory fisheries referred to in Article 46 shall implement a tagging programme as follows:

Article 53

Scientific observers

Each fishing vessel participating in the exploratory fisheries referred to in Article 46 shall have at least two scientific observers, one of which shall 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 PROVISIONS

Article 54

Scientific monitoring

1.  This Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State concerned, and of which the Commission and the Member State in whose waters the research is carried out have been informed in advance.

2.  Marine organisms caught for the purposes referred to in paragraph 1 may be sold, stored, displayed or offered for sale, provided that:

Article 55

Data transmission

Pursuant 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 56

Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply as from the 1 January 2005.

Where the TACs of the CCAMLR area are set for periods starting before 1 January 2005, Article 44 shall apply with effect from the beginning of the respective periods of application of the TACs.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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ANNEX I

FISHING OPPORTUNITIES APPLICABLE TO COMMUNITY FISHING VESSELS IN AREAS WHERE CATCH LIMITATIONS EXIST AND FOR THIRD COUNTRIES VESSELS IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)

All catch limitations set out in this Annex shall be considered as quotas for the purposes of Article 9 of this Regulation, and shall, therefore, be subject to the rules set out in Regulation (EC) No 2847/93, and 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. The following table of correspondences of common names and Latin names is given for the purposes of this Regulation:

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ANNEX IA

BALTIC SEA

All TACs in this area, except for plaice and cod in Sub-divisions 25-32, are adopted in the framework of IBSFC.

▼M4

▼B

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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

▼M3

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

▼B

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in division:

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

Special conditions:

Any part of the abovementioned quotas may be fished in ICES Division Vb (EC waters), sub-areas VI, VII, XII and XIV (WHB/*5B-14).

▼M1

▼B

▼M1

▼B

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

▼M4

▼B

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

▼M3

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified, and only during the periods 1 January to 15 February and 1 October to 31 December.

▼B

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified.

▼M3

▼B

▼M3

▼B

▼M1

▼B

▼M1

▼B

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ANNEX IC

NORTH EAST ATLANTIC AND GREENLAND ICES

areas I, II, IIIa, IV, V, XII, XIV and NAFO 0, 1 (Greenland waters)

▼M1

▼B

▼M2

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

▼B

▼M1

▼B

▼M1

▼B

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ANNEX ID

NORTH WEST ATLANTIC

Area of NAFO

All TACs and associate conditions are adopted in the framework of NAFO.

▼M1

▼B

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ANNEX IE

HIGHLY MIGRATORY FISH

All Areas

TACS in this area are adopted in the framework of international fisheries organisations on tuna fisheries, such as ICCAT and IATTC.

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ANNEX IF

ANTARCTIC

Area of CCAMLR

These 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.

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ANNEX II

SPECIAL MEASURES CONCERNING UNSORTED LANDINGS IN SUB-AREAS IIa (EC WATERS), III, IV AND VIId

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ANNEX III

TRANSITIONAL TECHNICAL AND CONTROL MEASURES

PART A

BALTIC SEA

Section 1

Cod fishery

1.   Conditions for certain gears authorised for cod fishery in the Baltic Sea

1.1.   Towed nets

1.1.1.   Without exit windows

Towed nets without an exit window shall be prohibited.

1.1.2.   With exit windows

By 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.

1.1.3.   One net rule

When a towed net with exit windows is used, no other type of gear shall be kept on board.

1.2.   Gillnets

By 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 Sea

2.1.	By way of derogation from the provisions of Article 3(4) of Regulation (EC) No 88/98, no undersized cod may be kept on board, except in the case set out in point 2.2.

2.2.

However, by way of derogation from the provisions of Article 3(5) of Regulation (EC) No 88/98, 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.

2.3.	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 cod in the Baltic Sea

By 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 cod

Fishing for cod shall be prohibited in Sub-divisions 22-24 from 1 March 2005 to 30 April 2005 inclusive, and in Sub-divisions 25-32 from 1 May 2005 to 15 September 2005 inclusive.

5.   Restrictions for fishing for cod in the Baltic Sea

It shall be prohibited to conduct any fishing activity within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

Area 1:

Area 2:

Area 3:

6.   Interim and additional conditions for monitoring, inspection and surveillance in the context of recovery of cod stocks in the Baltic Sea

6.1.   General provisions

6.1.1.

The monitoring inspection and surveillance programme for cod stocks in the Baltic Sea shall consist of the following elements: Special conditions for fishing for cod in the Baltic Sea. National control action programmes to be drawn up by Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, and Sweden. Additional measures for monitoring, control and inspection. Joint surveillance and exchange of inspectors.

6.1.2.

The National control action programme for cod stocks may be revised, at the initiative of the Commission or following a request by a Member State.

6.2.   Special Conditions for fishing for cod in the Baltic Sea

6.2.1.

All vessels of overall length equal to or greater than 8 metres carrying on board or using any gear authorised for fishing for cod in the Baltic Sea shall hold a special permit for fishing for cod in the Baltic Sea.

6.2.2.

Each Member State shall establish a list of vessels holding a special permit for fishing for cod in the Baltic Sea.

6.2.3.

The master of a fishing vessel, or his representative, to which a Member State has issued a special permit for fishing for cod in the Baltic Sea shall comply with the conditions in Appendix 2.

6.3.   National Control Action programmes

6.3.1.

Each Member State concerned shall define a national control action programme for the Baltic Sea.

6.3.2.

The Commission shall convene at least once in 2005 a meeting of the Committee for Fisheries and Aquaculture to evaluate the compliance with and results of the national control action programme for cod stocks in the Baltic Sea.

6.4.   Monitoring, inspection and surveillance to be adopted by Member States

6.4.1.

Each Member State concerned shall transmit to the Commission within 30 days of the date of entry into force of this Regulation a list of designated ports and the national control programme referred to in point 6.3.1. and an implementation schedule. The Commission shall transmit this information to all the relevant Member States.

6.4.2.

Notwithstanding Article 6(4) of Regulation (EEC) No 2847/93, the masters of Community fishing vessels holding a special fishing permit for fishing for cod in the Baltic Sea in accordance with point 6.2.1 shall keep a logbook of their operations in accordance with the provisions laid down in Article 6 of Regulation (EEC) No 2847/93.

6.4.3.

By way of derogation from Article 5 of Regulation (EEC) No 2807/83, the permitted margin of tolerance in estimates of the quantities, in kilograms, of fish subject to a TAC that are retained on board shall be 8 %.

6.4.4.

For cod landed in a designated port, representative samples, amounting to at least 20 % of the landings, shall be weighed in the presence of controllers authorised by the Member States before they are offered for first sale and sold. To this end, the Member States shall submit to the Commission, within one month of the date of entry into force of this Regulation, details of the sampling regime to be employed.

6.4.5.

Notwithstanding Article 19a 1a) of Regulation (EEC) No 2847/93, Articles 19e, 19f, 19g, 19h and 19i of that Regulation shall apply to Community fishing vessels holding a special fishing permit for fishing for cod in the Baltic Sea in accordance with point 6.2.1.

6.4.6.

In accordance with the provisions of Article 13 of Regulation (EC) No 2244/2003 Member States shall ensure that the VMS data received pursuant to Article 8, Article 10(1) and Article 11(1) of that Regulation of vessels holding a special permit for fishing for cod in the Baltic Sea are used: (a) to record each entry into, and exit from port in a computer readable form; (b) to record each entry into, and exit from areas closed for cod fishing in the Baltic Sea.

6.4.7.

Member States may implement alternative control measures to ensure compliance with reporting obligations referred in point 6.4.5 which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.

6.4.8.

By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50 kg of cod 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.

6.4.9.

By way of derogation from Article 34(c)(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for cod in the Baltic Sea may last more than two years from their date of entry into force.

6.5.   Joint Surveillance and Exchange of inspectors

6.5.1.

The Member States concerned shall undertake joint inspection and surveillance activities and shall establish to that effect joint operational procedures applicable to their surveillance crafts.

6.5.2.

A meeting of the competent national inspection authorities shall be convened by the Presidency within 30 days of the date of entry into force of this Regulation to coordinate the joint inspection and surveillance programme.

6.5.3.

The Member States concerned shall ensure that inspectors from other Member States concerned are invited to participate at least in their joint inspections activities.

6.5.4.

Inspectors from the Commission may participate in these exchanges and may participate in joint inspections.

Section 2

Gulf of Riga

7.   Specific provisions for the Gulf of Riga

7.1.   Special fishing permit

7.1.1.

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.

7.1.2.

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 the lists 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.

7.2.   Replacement of vessels or engines

7.2.1.

Any individual vessel on the list referred to in point 7.1.2 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 7.1.2 (a) in the Member State concerned, and (b) the engine power of any replacement vessel does not exceed 221 kW at any time.

7.2.2.

An engine of any individual vessel included in the list referred to in point 7.1.2 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 7.1.2 (a) for the Member State concerned.

PART B

SKAGERRAK AND KATTEGAT

8.   Technical conservation measures in the Skagerrak and in the Kattegat

By way of derogation from the provisions set out in Annex IV of Regulation (EC) No 850/98, the provisions in Appendix 3 to this Annex shall apply.

PART C

ICES SUB-AREAS I TO VII

▼M3

9.   Landing and weighing procedures for herring, mackerel and horse mackerel

9.1.   Scope

9.2.   Designated ports

9.3.   Entry to port

9.4.   Discharge

9.5.   Logbook

9.6.   Weighing of fresh fish

9.7.   Weighing of fresh fish after transport

9.8.   Invoice

9.9.   Weighing of frozen fish

9.10.   Weighing facilities

9.11.   Access by competent authorities

The competent authorities shall have full access at all times to the weighing system, the weighing logbooks, written declarations and all premises where the fish is processed and kept.

9.12.   Cross-checks

9.13.   Full inspection

▼B

10.   Fishing for herring in area IIa (EC waters)

It shall be prohibited to land or retain on board herring caught in Division IIa (EC waters) in the periods 1 January to 28 February and 16 May to 31 December.

11.   Conditions for landing of herring for industrial purposes

Conditions for landing of herring for industrial purposesBy way of derogation from the provisions of Article 2(1) of Regulation (EC) No 1434/98 the following provisions shall apply:

Herring caught when fishing outside ICES Sub-areas III and IV with nets of minimum mesh size less than 32 mm may not be retained on board or landed unless such catches consist of a mixture of herring and other species, are not sorted and the herring does not exceed 10 % by weight of the total combined weight of herring and other species.

12.   Restrictions on fishing for Cod

13.   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 enclosed by sequentially joining with rhumb lines the following positions:

However, a limited fishery shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure.

14.   Rockall Haddock box

All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following positions:

15.   Technical conservation measures in the Irish Sea

The technical conservation measures referred to in Articles 2, 3 and 4 of Council Regulation (EC) No 254/2002 of 12 February 2002 establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish Sea (ICES division VIIa) ( 32 ) shall temporarily apply in 2005.

PART D

ICES SUB-AREAS VIII, IX AND X

16.   Trawling ban in waters around the Azores, the Canary Islands and Madeira

Vessels shall be prohibited from using any bottom trawl or similar towed nets operating in contact with the bottom of the sea in waters under the sovereignty or the jurisdiction of Member States within the areas bounded by a line joining the following coordinates:

PART E

MEDITERRANEAN

17.   Technical conservation measures in the Mediterranean

The fisheries currently operating under the derogations, provided for in Article 3(1) and (1a) and Article 6(1) and (1a) of Regulation (EC) No 1626/94, may temporarily continue their activity in 2005.

PART F

EASTERN PACIFIC OCEAN

18.   Purse seines in the Eastern Pacific Ocean (Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC))

The fishing by purse-seine vessels for Yellowfin Tuna (Thunnus albacares), Bigeye Tuna (Thunnus obesus) and Skipjack Tunas (Katsuwonus pelamis) shall be prohibited from either, 1 August to 11 September 2005, or, 20 November to 31 December 2005 in the area defined by the following limits:

The Member States concerned shall notify the Commission of the selected period of closure before 1 July 2005. All the purse seine vessels of the Member States concerned must stop purse-seine fishing in the defined area during the period selected.

As of the date of entry into force of this Regulation purse seiners fishing for tuna in the Regulatory Area of the Inter-American Tropical Tuna Commission shall retain on board and then land all bigeye, skipjack and yellowfin tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set.

Purse seine vessels shall promptly release unharmed, to the extent practicable, all sea turtles, sharks, billfishes, rays, dorado, and other non-target species. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of any such animals.

The following specific measures to encircled or entangled sea turtles shall apply:

PART G

EASTERN ATLANTIC AND MEDITERRANEAN SEAS

19.   Minimum size for bluefin tuna in the East Atlantic and Mediterranean Sea

By way of derogation from the provisions laid down in Article 6 and Annex IV of Regulation (EC) No 973/2001, the minimum size for bluefin tuna in the Mediterranean Sea shall be 10 kg or 80 cm.

By way of derogation from the provisions laid down in Article 7(1) of Regulation (EC) No 973/2001, no tolerance limit shall be granted for bluefin tuna fished in the East Atlantic and in the Mediterranean Sea.

20.   Minimum size for bigeye tuna

By way of derogation from the provisions of Article 6 and Annex IV of Regulation (EC) No 973/2001, the minimum size of bigeye tuna is abolished.

21.   Restrictions on the use of certain types of vessels and gears

22.   Measures concerning sport and recreational fishing activities in the Mediterranean Sea

23.   Sampling plan for bluefin Tuna

By way of derogation from the provisions laid down in Article 5a of Regulation (EC) No 973/2001, each Member State shall establish a sampling programme for the estimation of the numbers-at-size of the bluefin tuna caught; this requires notably that size sampling at cages must be done on one sample (= 100 specimen) for every 100 tonnes of live fish. Size sample will be collected during harvesting ( 33 ) at the farm, in accordance with the ICCAT methodology for reporting Task II. The sampling should be conducted during any harvesting, covering all cages. Data must be transmitted to ICCAT by 31 July for the sampling conducted the previous year.

24.   Interim measures for the protection of vulnerable deep-water habitats

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

The Hecate Seamounts:

The Faraday Seamounts:

Part of the Reykjanes Ridge:

The Altair Seamounts:

The Antialtair Seamounts:

PART H

DEEP-SEA SPECIES

By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2005:

Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.

It shall however be prohibited to catch and retain on board, tranship or to land any aggregate quantity of the deep sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-sea permit.

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PART I

NORTH-EAST ATLANTIC

Vessels engaged in illegal, unreported and unregulated fisheries

Vessels that have been placed by the North-East Atlantic Fisheries Commission (NEAFC) on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (IUU vessels) are listed in Appendix 5. The following measures shall apply to these vessels:

The Commission shall amend the list to be in accordance with the NEAFC list as soon as NEAFC adopts a new list.

▼M4

PART J

CECAF

The minimum size for octopus (Octopus vulgaris) in the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF region shall be 450g (gutted). Octopus under the minimum size of 450g (gutted) shall not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.

▼B

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Appendix 1 to Annex III

Specifications 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 trawl

The 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 window

The 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 window

The 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 may 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 metres.

The netting of the window

The meshes shall have a minimum mesh opening of 110 millimetres. The meshes shall be square meshes i.e. all four sides of the window netting shall 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 millimetres.

Other specification

The mounting specifications are defined in Figures 4a, 4b and 4c. The length of the lifting strap shall not be less than 4 m.

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 shall be 4 meshes. There are 3,5 diamond meshes in the upper panel and one 0,5 mesh deep hand-braided ‘codline’ row.

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).

Figure 4a

Lower panel

Showing the construction of lower panel made of 49,5 meshes deep netting

Figure 4b

Upper panel

(without diamond meshes between selvedge and square mesh panel)

The construction of upper panel, size and position of the window panel in case when the escape panel runs from selvedge to selvedge

Figure 4c

Upper panel

(with diamond meshes between selvedge and square mesh panel)

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 window

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Appendix 2 to Annex III

Special Conditions for fishing for Cod in the Baltic Sea

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Appendix 3 to Annex III

Towed Gears: Skagerrak and Kattegat

Mesh size ranges, target species and required catch percentages applicable to the use of a single mesh size range

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Appendix 4 to Annex III

Shrimp trawl toggle chains: NAFO area

Toggle chains are chains, ropes, or a combination of both, which attach the footrope to the fishing line or bolchline at varying intervals. The terms ‘fishing line’ and ‘bolchline’ are interchangeable. Some vessels use one line only; others use both a fishing line and a bolchline as shown in the sketch. The toggle chain length shall be measured from the center of the chain or wire running through the footrope (center of footrope) to the underside of the fishing line.

The attached sketch shows how to measure the toggle chain length.

▼M3

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Appendix 5 to Annex III

List of vessels that have been confirmed by NEAFC as having engaged in illegal, unreported and unregulated fisheries

▼B

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ANNEX IVa

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS

General provisions

1.	The conditions laid down in this Annex shall apply to Community fishing vessels of length overall equal to or greater than 10 metres.

2.

For the purposes of this Annex, the following geographical area shall apply: Kattegat (ICES Division IIIa south), Skagerrak and North Sea, (ICES Divisions IVa,b,c, IIIa north and IIa EC), West of Scotland (ICES Division VIa), Eastern Channel (ICES Divisions VIId), Irish Sea (ICES Division VIIa). For vessels notified to the Commission as being equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003, the following definition for the area West of Scotland shall apply: ICES Division VIa excluding that part which lies to the west of a line drawn by sequentially joining with straight lines the following geographical coordinates: 60°00′N, 04°00′W 59°45′N, 05°00′W 59°30′N, 06°00′W 59°00′N, 07°00′W 58°30′N, 08°00′W 58°00′N, 08°00′W 58°00′N, 08°30′W 56°00′N, 08°30′W 56°00′N, 09°00′W 55°00′N, 09°00′W 55°00′N, 10°00′W 54°30′N, 10°00′W.

3.

For the purposes of this Annex, a day present within the area and absent from port shall be: (a) the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period during which a vessel is present within the area defined in point 2 and absent from port, or (b) any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within the area defined in point 2 and absent from port or any part of any such time period. A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under point (b) shall notify the Commission before 1 February 2005 of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in point (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 for all areas except Kattegat and Skagerrak where this mesh size shall be equal to or greater than 90mm; (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 with mesh size between 80 mm and 99 mm for all areas except Kattegat and Skagerrak where this mesh size shall be between 70 mm and 89 mm; (f) demersal trawls, seines or similar towed gears of mesh size between 16 mm and 31 mm except beam trawls.

Fishing effort

5.	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 present within the area and absent from port for no more than the number of days set out in point 6.

6.

(a) The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I. A day spent absent from port and present within the area defined in point 2 of this Annex shall also count against the total number of days allowable for the area defined in point 2 of Annex IVc for a vessel operating with the same gear categories. Where a vessel crosses between two areas on a fishing trip the day shall be counted against the area in which the largest proportion of time was spent during that day. Table I — Maximum days present within the area and absent from port by fishing gear Area defined in point 2: Grouping of fishing gears referred to in point: 4a 4b 4c 4d 4e 4f Kattegat, North Sea and Skagerrak, Eastern Channel, West of Scotland and Irish Sea 9 13 13 16 21 19 However the maximum number of days in any calendar month for which a vessel may be present within any of the following sub-areas and absent from port having carried on board the fishing gear referred to in point 4(a) shall be: (i) West of Scotland: 8; (ii) Irish Sea: 10. (b) A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months. (c) An additional number of days on which a vessel may be present within the area and 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 permanent cessations of fishing activities that have taken place since1 January 2002 in accordance with Article 7 of Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector ( 34 ). The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2001. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of the permanent cessations of fishing activities in question. On the basis of such a request the Commission may amend the number of days defined in point (a) for that Member State in accordance with the procedure laid down in Article 30 of Regulation (EC) No 2371/2002. The additional number of days allocated by the Commission to a Member State in 2004 in accordance with point 6(c) of Annex V of Regulation (EC) No 2287/2003 remain allocated in 2005. (d) Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II. Member States wishing to apply that higher allocation of days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the higher allocation of days are to be granted. Table II — Derogations from days present within the area and absent from port in Table I and associated conditions Area Gear defined in point 4 2002 vessel track record (1) Days Area defined in point 2 4(a), 4(e) Less than 5 % of each of cod, sole and plaice No days restriction (2) Area defined in point 2 4(a), 4(b) Less than 5 % cod 100 to < 120 mm up to 13 ≥ 120 mm up to 14 Kattegatt and North Sea 4(c) gear of mesh size equal to or greater than 220 mm Less than 5 % cod and more than 5 % of turbot and lumpfish Up to 15 days Kattegatt and Skagerrak 4(a) gear with 120 mm square mesh window (3) n/a 12 days Eastern Channel 4(c) trammel nets of mesh size equal to or less than 110 mm Vessels absent from port for no more than 24 hours 19 days (1)   As verified by the EC logbook — average annual landing in live weight. (2)   The vessel may be present within the area for the number of days in the month concerned. (3)   Vessels subject to this derogation shall comply with the conditions laid down in Appendix 1 to this Annex. If that higher allocation of days is given to a vessel, as a result of its low percentage track record of catch of certain species, that vessel shall not at any time retain more than the percentage of those species on board as shown in Table II nor shall they tranship any fish at sea ►C1  to another vessel. ◄ When either of these conditions are not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days. (e) One additional day on which a vessel may be present within the area and absent from port when carrying on board fishing gears referred to in point 4(a) of mesh size greater than 120 mm may be allocated to a Member State by the Commission, on the basis of a request from that Member State, on the condition that the Member State concerned has developed a system of automatic suspensions of fishing licences in respect of infringements. During a management period when a vessel is making use of this provision, that vessel may not at any time carry on board any fishing gear of mesh size less than or equal to 120 mm. (f) In recognition of the area closure in the Irish Sea for the protection of spawning fish and the assumed reduction in fishing mortality on cod, an additional one day will be granted for vessels in groupings of fishing gears 4(a) and 4(b) which spend more than half their allocated days in a given management period fishing in the Irish Sea.

7.

Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the areas defined in point 2 with any of the gears referred to in point 4. Where the master of a vessel or his representative notifies the use of two of the groupings of fishing gears defined under point 4, the total number of days available during the forthcoming management period shall be no more than half the sum of the days to which the vessel is eligible for each gear, rounded down to the nearest whole day. It shall not be permitted to deploy either of the gears concerned for more days than the number of days laid down for that gear in Table I or in the third subparagraph of point 6(a) for the sub-area concerned. The option to use two gears shall only be available if the following additional monitoring arrangements are met: — during a given trip the fishing vessel may carry on board only one of the fishing gears referred to in point 4; — before any trip the master of a vessel or his representative shall give prior notice to the competent authorities of the type of fishing gear that is to be carried on board unless the type of fishing gear has not changed from the one notified for the previous trip. — Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above two requirements. Any vessel found to be not complying with these requirements shall with immediate effect no longer be permitted to use two groupings of fishing gears. — A vessel wishing to combine the use of one or more of the fishing gears referred to in point 4 (regulated gears) with any other fishing gears not referred to in point 4 (unregulated gears) shall not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given no gear referred to in point 4 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity.

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.

(a) In any given management period a vessel that has used the number of days present within the area and absent from port for 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 unless using only unregulated gear as described in point 7. (b) In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for that time. Such vessels shall not carry any fishing gear or fish on board during that time.

10.

(a) A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port for which it is eligible to another of its vessels for the same management period and within the same area provided that the product of the days received by a vessel multiplied by its 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 engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register. (b) The total number of days present within the area and absent from port transferred under point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record in that area as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel. When a donor vessel uses the alternative area definition of the West of Scotland as defined in point 2 its track record calculation will be based on this alternative area definition. (c) The transfer of days 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) and during the same management period. A Member State may allow a transfer of days when a licensed donor vessel has temporarily ceased its activity without public aid. (d) No transfer of days from vessels benefiting from the allocation referred to in points 6(d) and 7 is permitted. (e) On request from the Commission, Member States shall provide reports on the transfers that have taken place.

11.

A vessel with no track record of fishing in one of the areas defined in point 2 shall be allowed to transit across these areas provided that it has first notified its authorities of its intention to do so. While that vessel is within any of the areas defined in point 2 any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

12.

A Member State shall not permit fishing with a gear defined in point 4 in any area defined in point 2 by any of its vessels which have no record of such fishing activity in the years 2001, 2002, 2003 or 2004 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area in question. However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

13.

A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been absent from port but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been absent from port but unable to fish because it is transporting an injured crew member for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities.

Reporting obligations

14.

Member States, on the basis of information used for the management of fishing days absent from port and present within the areas as set out in this Annex, shall communicate, for each calendar year within one month of the expiry of that calendar year, to the Commission the information about effort deployed by vessels using different types of gear in the areas concerned by this Annex as laid out in Table IV.

15.

Member States shall communicate the data referred in point 14 to the Commission in Spread Sheet format by sending it to the appropriate mailbox address which shall be communicated to the Member States by the Commission. Table IV — Reporting format Country CFR External marking Area fished Length of management period Gear type/types notified Days eligible using this gear/gears Days spent with gear type 1 Days spent with gear type 2 Transfers of days (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Table V — Data format Name of zone Max. number of characters/digits Definition and comments (1) Country 3 Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Regulation (EC) No 2371/2002. Always the reporting country. (2) CFR 12 (Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side. (3) External marking 14 Under Commission Regulation (EEC) No 1381/87 (4) Area 1 ►C1  Indicate if the vessel has been fishing in the Area referred to in point 2 of this Annex ◄ (5) Length of management period 2 ►C1  Indication from 1-11 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated. ◄ (6) Gear type/types notified 2 ►C1  Indication from 4(a) through to 4(f) of the gear types notified in accordance with point 4 of this Annex. ◄ (7) Days eligible using this gear/gears 3 Number of days for which this vessel is eligible under this Annex for the choice of gears and length of management period notified. (8) Days spent with gear type 1 3 Number of days for which the vessel actually spent absent from port and present within the area according to this Annex using gear type 1. (9) Days spent with gear type 2 3 Number of days for which the vessel actually spent absent from port and present within the area according to this Annex using gear type 2, if applicable. (10) Transfers of days 3 For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

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Appendix 1 to Annex IVa

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ANNEX IVb

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NEPHROPS STOCK

General provisions

1.	The conditions laid down in this Annex shall apply to Community fishing vessels of length overall equal to or greater than 10 metres.

2.	For the purposes of this Annex, the following geographical area shall apply: Iberian Peninsula, Atlantic coast (ICES Divisions VIIIc and IXa) with the exception of Gulf of Cadiz.

3.

For the purposes of this Annex, a day present within the area and absent from port shall be: (a) the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period during which a vessel is present within the area defined in point 2 and absent from port, or (b) any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within the area defined in point 2 and absent from port or any part of any such time period. A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under point (b) shall notify the Commission before 1 February 2005 of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in point (b).

4.	For the purpose of this Annex, the following groupings of fishing gears shall apply: (a) Bottom trawl of mesh size > 55 mm; (b) Bottom long-lines; (c) Gill-nets of mesh size > 60 mm; (d) Gill-nets of mesh size equal to or greater than 80 mm; (e) Trawl of mesh size between 31 mm and 54 mm.

Fishing effort

5.	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 present within the area and absent from port for no more than the number of days specified in point 6.

6.

(a) The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I. Table I — Maximum days present within the area and absent from port by fishing gear Area defined in point: Grouping of fishing gears referred to in point: 4a 4b 4c 4d 4e 4f 2  Iberian Peninsula, Atlantic coast (ICES Divisions VIIIc and IXa) 22 22 22 22 22 22 (b) A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months. (c) An additional number of days on which a vessel may be present within the area and 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 permanent cessations of fishing activities that have taken place since 1 January 2004 in accordance with Article 7 of Council Regulation (EC) No 2792/1999. Any vessels that can be shown to have been definitively withdrawn from the area specified in point 2 may also be considered. The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2003. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of permanent cessations of fishing activities in question. On the basis of such a request the Commission may amend the number of days defined in point (a) for that Member State in accordance with the procedure laid down in Article 30 of Regulation (EC) No 2371/2002. (d) Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II. Member States wishing to apply this higher allocation of days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the higher allocation of days are to be granted. Table II — Derogations from days present within the area and absent from port in Table I and associated conditions Area Defined in point 2 Gear defined in point 4 2001, 2002 and 2003 vessel track record (1) Days 2 4(a) to 4(f) Less than 5 tonnes of hake in all years no days restriction (2) (1)   As verified by the EC logbook — average annual landing in live weight. (2)   The vessel may be present within the area for the number of days in the month concerned. If this higher allocation of days is given to a vessel, as a result of its low hake track record, that vessel's landing shall not in 2005 exceed 5 tonnes live weight of hake nor shall they tranship any fish at sea to another vessels. When either of these conditions are not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.

7.

Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel will not be entitled to fish within the area defined in point 2 with any of the gears referred to in point 4. A vessel wishing to combine the use of one or more of the fishing gears referred to in point 4 (regulated gears) with any other fishing gears not referred to in point 4 (unregulated gears) will not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given no gear referred to in point 4 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity.

8.

(a) In any given management period a vessel that has used the number of days present within the area and absent from port for which it is eligible shall remain in port or out of the area referred to in point 2 for the remainder of the management period unless using unregulated gear as described in point 7. (b) In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.

9.

(a) A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port for which it is eligible to another of its vessels for the same management period and within the area provided that the product of the days received by a vessel multiplied by its 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 engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register. (b) The total number of days present within the area and absent from port transferred under sub-point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record in the area as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel. (c) The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping referred to in point 6(a) and during the same management period. (d) No transfer of days from vessels benefiting from the allocation referred to in points 6(d) is permitted. (e) On request from the Commission, Member States shall provide reports on the transfers that have taken place.

10.

A vessel with no track record of fishing in the area defined in point 2 is allowed to transit across the area provided that it has no fishing permit to operate in the area or that it has first notified its authorities of its intention to do so. While that vessel is within the area defined in point 2 any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

11.

A Member State shall not permit fishing with a gear defined in point 4 in the area defined in point 2 by any of its vessels which have no record of such fishing activity in the years 2002, 2003 or 2004 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area. However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

12.

A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been absent from port but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been absent from port but unable to fish because it is transporting an injured crew member for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities. However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

Monitoring, inspection and surveillance

13.

Notwithstanding Article 19a of Regulation (EEC) No 2847/93, Articles 19b, 19c, 19d, 19e and 19k of that Regulation shall apply to vessels carrying on board the fishing gears defined in point 4 and operating in the area defined in point 2. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 or those operating under the definition of a day as defined in point 3(a) shall be excluded from these hailing requirements.

14.	Member States may implement alternative control measures to ensure compliance with the 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 Community fishing vessel or his representative wishing to tranship any quantity retained on board or to land in a port or landing location of a third country shall inform the competent authorities of the flag Member State at least 24 hours prior to transhipping or to landing in a third country the information referred to in Article 19b of Regulation (EEC) No 2847/93.

16.

By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83, the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 14 shall be 8 % of the logbook figure. In the event that no conversion factors are laid down in Community legislation, the conversion factors adopted by the Member states whose flag the vessel is flying shall apply.

17.	The competent authorities of a Member State shall ensure that any quantity of Southern hake exceeding 300 kg and/or 150 kg of Norway lobster caught in the area referred in point 2 shall be weighed using auction room scales before sale.

18.

When quantities of hake greater than 50 kg are stowed on board a vessel, it shall be prohibited to retain on board a fishing vessel in any container any quantity of Southern hake or Norway lobster mixed with any other species of marine organism. The masters of Community fishing vessels shall give inspectors of Member States such assistance as will enable the quantities declared in the logbook and the catches of Southern hake and Norway lobster retained on board to be cross-checked.

19.

The competent authorities of a Member State may require that any quantity of Southern hake exceeding 300 kg or Norway lobster exceeding 150 kg caught in the area 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.

20.

By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50 kg of any species in fisheries referred to in Article 12 of this Regulation 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.

▼C1

21.	By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for Southern hake or Norway lobster in fisheries referred to in this Annex may last more than two years from its date of entry into force.

▼B

Reporting obligations

22.

Member States, on the basis of information used for the management of fishing days absent from port and present within the area as set out in this Annex, shall communicate, for each calendar year within one month of the expiry of that calendar year, to the Commission the information about effort deployed by vessels using different types of gear in the area concerned by this Annex as laid out in Table IV.

23.

Member States shall communicate the data referred in point 22 to the Commission in spreadsheet format by sending it to the appropriate mailbox address which shall be communicated to the Member States by the Commission. Table IV — Reporting format Country CFR External marking Area fished Length of management period Gear type/types notified Days eligible using this gear Days spent with this gear type Transfers of days (1) (2) (3) (4) (5) (6) (7) (8) (9) Table V — Data format Name of zone Max. number of characters/digits Definition and comments (1) Country 3 Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. Always the reporting country. (2) CFR 12 (Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side. (3) External marking 14 Under Commission Regulation (EEC) No 1381/87 (4) Area 1 Indicate if the vessel has been fishing in Area 2(a) or 2(b) of this Annex (5) Length of management period 2 Indication from 1-12 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated. (6) Gear type/types notified 2 Indication from 4(a) through to 4(g) of the gear types notified in accordance with point 4 of this Annex. (7) Days eligible using this gear 3 Number of days for which the vessel is eligible under this Annex for the choice of gears and length of management period notified. (8) Days spent with this gear type 3 Number of days for which the vessel actually spent absent from port and present within the area according to this Annex. (9) Transfers of days 3 For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

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ANNEX IVc

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS

General provisions

1.	The conditions laid down in this Annex shall apply to Community fishing vessels of length overall equal to or greater than 10 metres.

2.	For the purposes of this Annex, the following geographical area shall apply: Western Channel (ICES Division VIIe).

3.

For the purposes of this Annex, a day present within the area and absent from port shall be: (a) the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period during which a vessel is present within the area defined in point 2 and absent from port, or (b) any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within the area defined in point 2 and absent from port or any part of any such time period. A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under point (b) shall notify the Commission before 1 February 2005 of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in point (b).

4.	For the purpose of this Annex, the following groupings of fishing gears shall apply: (a) beam trawls of mesh size equal to or greater than 80 mm; (b) static demersal nets including gill nets, trammel nets and tangle nets.

Fishing effort

5.	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 present within the area and absent from port for no more than the number of days set out in point 6.

6.

►M1   (a) The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I. Where a vessel crosses between two areas on a fishing trip the day shall be counted against the area in which the largest proportion of time was spent during that day. The number of days in which a vessel is present within the global area constituted by the areas defined in point 2 of this Annex and in point 2 of Annex IVa shall not exceed the number shown in Table I of this Annex. However the number of days in which the vessel is present in the areas defined in point 2 of Annex IVa shall comply with the maximum number fixed in accordance with Annex IVa. Table I — Maximum days present within the area and absent from port by fishing gear Area defined in point 2: Grouping of fishing gears referred to in point: 4a 4b 2.  Western Channel (ICES Division VIIe) 20 20  ◄ (b) A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months. (c) An additional number of days on which a vessel may be present within the area and 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 permanent cessations of fishing activities that have taken place since 1 January 2004 in accordance with Article 7 of Regulation (EC) No 2792/1999. The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2003. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of the permanent cessations of fishing activities in question. On the basis of such a request the Commission may amend the number of days defined in point (a) for that Member State in accordance with the procedure laid down in Article 30 of Regulation (EC) No 2371/2002.

7.

Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the area defined in point 2 with any of the gears referred to in point 4.

8.

▼C1 (a) In any given management period a vessel that has used the number of days present within the area and absent from port for which it is eligible shall remain in port or out of the area referred to in point 2 for the remainder of the management period unless using a different grouping of fishing gear (unregulated gear) than the ones described in point 4. ▼B (b) In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for that time. Such vessels shall not carry any fishing gear or fish on board during that time.

9.

(a) A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port for which it is eligible to another of its vessels for the same management period and within the area provided that the product of the days received by a vessel multiplied by its 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 engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register. (b) The total number of days present within the area and absent from port transferred under point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record in the area as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel. (c) The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping referred to in point 6(a) and during the same management period. (d) On request from the Commission, Member States shall provide reports on the transfers that have taken place.

10.

A vessel with no track record of fishing in the area defined in point 2 shall be allowed to transit across the area provided that it has first notified its authorities of its intention to do so. While that vessel is within the area defined in point 2 any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

11.

A Member State shall not permit fishing with a gear defined in point 4 in the area defined in point 2 by any of its vessels which have no record of such fishing activity in the years 2002, 2003 and 2004 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area. However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

12.

A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been absent from port but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been absent from port but unable to fish because it is transporting an injured crew member for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities.

Monitoring, inspection and surveillance

13.

Notwithstanding Article 19a of Regulation (EEC) No 2847/93, Articles 19b, 19c, 19d, 19e and 19k of that Regulation shall apply to vessels carrying on board the fishing gears defined in point 4 and operating in the area defined in point 2. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 or those operating under the definition of a day as defined in point 3(a) shall be excluded from these hailing requirements.

14.

►C1   Member States may implement alternative control measures to ensure compliance with the obligations referred to 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 Community fishing vessel or his representative wishing to tranship any quantity retained on board or to land in a port or landing location of a third country shall inform the competent authorities of the flag Member State at least 24 hours prior to transhipping or to landing in a third country the information referred to in Article 19b of Regulation (EEC) No 2847/93.

16.

By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83, the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 13 shall be 8 % of the logbook figure. In the event that no conversion factors are laid down in Community legislation, the conversion factors adopted by the Member states whose flag the vessel is flying shall apply.

17.

When quantities of sole greater than 50 kg are stowed on board a vessel, it shall be prohibited to retain on board a fishing vessel in any container any quantity of ►C1  sole ◄ mixed with any other species of marine organism. The masters of Community fishing vessels shall give inspectors of Member States such assistance as will enable the quantities declared in the logbook and the catches of sole retained on board to be cross checked.

18.	The competent authorities of a Member State shall ensure that any quantity of sole exceeding 300 kg caught in the areas defined in point 2 shall be weighed using auction room scales before sale.

19.	The competent authorities of a Member State may require that any quantity of ►C1  sole ◄ exceeding 300 kg caught in the area 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.

20.

By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50 kg of any species in fisheries referred to in Article 12 of this Regulation 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.

▼C1

21.	By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for sole in fisheries referred to in this Annex may last more than two years from its date of entry into force.

▼B

Reporting obligations

▼C1

22.

Member States, on the basis of information used for the management of fishing days absent from port and present within the area as set out in this Annex, shall communicate to the Commission, for each calendar year within one month of the expiry of that calendar year, the information about effort deployed by vessels using different types of gear in the area concerned by this Annex as laid out in Table IV.

▼B

23.

Member States shall communicate the data referred in point 22 to the Commission in Spread Sheet format by sending it to the appropriate mailbox address which shall be communicated to the Member States by the Commission. Table IV — Reporting format Country CFR External marking Area fished Length of management period Gear type/types notified Days eligible using this gear Days spent with this gear type Transfers of days (1) (2) (3) (4) (5) (6) (7) (8) (9) Table V — Data format Name of zone Max. number of characters/digits Definition and comments (1) Country 3 Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Regulation (EC) No 2371/2002. Always the reporting country. (2) CFR 12 (Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side. (3) External marking 14 Under Commission Regulation (EEC) No 1381/87 (4) Area 1 Indicate if the vessel has been fishing in Area 2(a) or 2(b) of this Annex (5) Length of management period 2 Indication from 1-12 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated. (6) Gear type/types notified 2 Indication from 4(a) through to 4 (g) of the gear types notified in accordance with point 4 of this Annex. (7) Days eligible using this gear 3 Number of days for which this vessel is eligible under this Annex for the choice of gears and length of management period notified. (8) Days spent with this gear type 3 Number of days for which the vessel actually spent absent from port and present within the area according to this Annex. (9) Transfers of days 3 For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

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ANNEX V

FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN THE NORTH SEA AND THE SKAGERRAK

1.	From 1 January to 31 December 2005, 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.

2.

For the purposes of this Annex a day absent from port shall be: (a) the 24-hour period between 00:00 hours of a calendar day and 24:00 hours 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.

3.

Each Member State concerned shall, not later than 1 March 2005, establish a data base containing for the North Sea and Skagerrak, for each of the years 2002, 2003 and 2004 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 Regulation (EEC) No 2930/86; (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 2002 to 2004.

5.	Each Member State shall ensure that the number of kilowatt-days in 2005 for vessels flying its flag or registered in the Community does not exceed 40 % of the number in 2004 as calculated in point 4(a).

6.

The maximum number of kilowatt-days referred to in point 5 shall be revised by the Commission as early as possible and not later than 15 May 2005, based on advice from the STECF on the size of the 2004 year class of North Sea sandeel, in accordance with the following rules: (a) where STECF estimates the size of the 2004 year class of North Sea sandeel to be at or above 500 000 million individuals at age 0, no restrictions in kilowatt-days shall apply for the remaining of 2005; (b) where STECF estimates the size of the 2004 year class of North Sea sandeel to be between 300 000 million and 500 000 million individuals at age 0, the number of kilowatt-days shall not exceed the level in 2003 as calculated in point 4(a); (c) where STECF estimates the size of the 2004 year class of North Sea sandeel to be below 300 000 million individuals at age 0, fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited for the remaining of 2005. However, a limited fishery will be allowed in order to monitor the sandeel stocks in the North Sea and the Skagerrak and the effects of the closure. To this end the Member States concerned shall in cooperation with the Commission develop a plan for the monitoring fishery.

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ANNEX VI

▼M1

PART I

QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR COMMUNITY VESSELS FISHING IN THIRD COUNTRY WATERS

▼B

PART II

QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR THIRD COUNTRY VESSELS IN COMMUNITY WATERS

PART III

DECLARATION PURSUANT TO ARTICLE 15 (2)

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ANNEX VII

PART I

INFORMATION TO BE RECORDED IN THE LOGBOOK

When fishing is carried out 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

LOG-BOOK MODEL

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ANNEX VIII

CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION

The 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 these zones 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 the name 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 by telex (SAT COM C 420599543 FISH), electronic mail (FISHERIES-telecom@cec.eu.int) or 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 station Lyngby OXZ Land's End GLD Valentia EJK Malin Head EJM Torshavn OXJ Bergen LGN Farsund LGZ Florø LGL Rogaland LGQ Tjøme LGT Ålesund LGA Ørlandet LFO Bodø LPG Svalbard LGS Blåvand OXB Gryt GRYT RADIO Göteborg SOG Turku OFK

4.

Form of the communications The 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.) ALF American plaice (Hippoglossoides platessoides) PLA Anchovy (Engraulis encrasicolus) ANE Angler/Monk (Lophius spp.) MNZ Argentine (Argentina silus) ARG Atlantic pomfret (Brama brama) POA Basking shark (Cetorinhus maximus) BSK Black scabbardfish (Aphanopus carbo) BSF Blue ling (Molva dypterygia) BLI Blue whiting (Micromesistius poutassou) WHB Bob shrimp (Xiphopenaeus kroyeri) BOB Cod (Gadus morhua) COD Common shrimp (Crangon crangon) CSH Common squid (Loligo spp.) SQC Dogfish (Squalus acanthias) DGS Forkbeards (Phycis spp.) FOR Greenland halibut (Reinhardtius hippoglossoides) GHL Haddock (Melanogrammus aeglefinus) HAD Hake (Merluccius merluccius) HKE Halibut (Hippoglossus hippoglossus) HAL Herring (Clupea harengus) HER Horse-mackerel (Trachurus trachurus) HOM Ling (Molva molva) LIN Mackerel (Scomber scombrus) MAC Megrim (Lepidorhombus spp.) LEZ Northern deep-water prawn (Pandalus borealis) PRA Norway lobster (Nephrops norvegicus) NEP Norway pout (Trisopterus esmarkii) NOP Orange roughy (Hoplostethus atlanticus) ORY Other OTH Plaice (Pleuronectes platessa) PLE Pollack (Pollachius pollachius) POL Porbeagle (Lamma nasus) POR Redfish (Sebastes spp.) RED Red seabream (Pagellus bogaraveo) SBR Roundnose grenadier (Coryphaenoides rupestris) RNG Saithe (Pollachius virens) POK Salmon (Salmo salar) SAL Sandeel (Ammodytes spp.) SAN Sardine (Sardina pilchardus) PIL Shark (Selachii, Pleurotremata) SKH Shrimp (Penaeidae) PEZ Sprat (Sprattus sprattus) SPR Squid (Illex spp.) SQX Tuna (Thunnidae) TUN Tusk (Brosme brosme) USK Whiting (Merlangus merlangus) WHG Yellowtail flounder (Limanda ferruginea) YEL

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ANNEX IX

LIST OF SPECIES

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ANNEX X

AUTHORISED TOPSIDE CHAFERS

1.   ICNAF-type topside chafer

The 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:

2.   Multiple flap-type topside chafer

The 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:

POLISH CHAFER

3.   Large-mesh (modified Polish-type) topside chafer

The 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.

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ANNEX XI

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ANNEX XII

RECORDING OF CATCH (LOGBOOK ENTRIES)

FISHING LOGBOOK ENTRIES

GEAR CODES

FISHING VESSEL CODES

A.   Main Vessel Types

B.   Main vessel activities

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ANNEX XIII

NAFO AREA

The list that follows is a partial list of stocks that needs to be reported in accordance with Article 31(2).

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ANNEX XIV

PROHIBITION OF DIRECTED FISHING IN CCAMLR AREA

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ANNEX XV

CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2004/2005

In Annex I, page 57, after the table for ‘Species: Common sole/Solea solea’, ‘Zone: VIIb,c’, the following two tables shall be inserted:

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( 1 ) OJ L 358, 31.12.2002, p. 59.

( 2 ) OJ L 70, 9.3.2004, p. 8.

( 3 ) OJ L 150, 30.4.2004, p. 1.

( 4 ) OJ L 115, 9.5.1996, p. 3.

( 5 ) OJ L 226, 29.8.1980, p. 48.

( 6 ) OJ L 226, 29.8.1980, p. 12.

( 7 ) OJ L 29, 1.2.1985, p. 9.

( 8 ) OJ L 137, 19.5.2001, p. 1. Regulation as amended by Regulation (EC) No 831/2004 (OJ L 127, 29.4.2004, p. 33).

( 9 ) OJ L 132, 21.5.1987, p. 9.

( 10 ) OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001, p. 23).

( 11 ) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

( 12 ) OJ L 171, 6.7.1994, p. 1. Regulation as last amended by Regulation (EC) No 813/2004 (OJ L 150, 30.4.2004, p. 32).

( 13 ) OJ L 171, 6.7.1994, p. 7.

( 14 ) OJ L 97, 1.4.2004, p. 16.

( 15 ) OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) No 812/2004 (OJ L 150, 30.4.2004, p. 12).

( 16 ) OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 602/2004 (OJ L 97, 1.4.2004, p. 30).

( 17 ) OJ L 191, 7.7.1998, p. 10.

( 18 ) OJ L 70, 9.3.2004, p. 8.

( 19 ) OJ L 333, 20.12.2003, p. 17.

( 20 ) OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).

( 21 ) OJ L 137, 19.5.2001, p. 1. Regulation as amended by Regulation (EC) No 831/2004 (OJ L 127, 29.4.2004, p. 33).

( 22 ) OJ L 351, 28.12.2002, p. 6.

( 23 ) OJ L 396, 31.12.2004, p. 4.

( 24 ) OJ L 365, 31.12.1991, p. 1. Regulation as last amended by European Parliament and Council Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

( 25 ) OJ L 270, 13.11.1995, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003.

( 26 ) OJ L 186, 28.7.1993, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003.

( 27 ) OJ L 344, 31.12.2003, p. 1. Regulation as last amended by Regulation (EC) No 1928/2004 (OJ L 332, 6.11.2004, p. 5).

( 28 ) OJ L 5, 9.1.2004, p. 25.

( 29 ) OJ L 97, 1.4.2004, p. 1.

( 30 ) OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession.

( 31 ) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

( 32 ) OJ L 41, 13.2.2002, p. 1.

( 33 ) For fish farmed more than 1 year, other additional sampling methods should be established.

( 34 ) OJ L 337, 30.12.1999, p. 10.