Legal provisions of COM(2004)746 - Fixing for 2005 and 2006 of the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks, and amending Council Regulation(EC) No 2347/2002

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dossier COM(2004)746 - Fixing for 2005 and 2006 of the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks, and ...
document COM(2004)746 EN
date December 22, 2004

Contents

Article 1 - Subject matter

This Regulation fixes for 2005 and for 2006, for stocks of deep-sea species and for Community fishing vessels, annual fishing opportunities in zones in Community waters and in certain non Community waters where catch limitations are required, and the specific conditions under which fishing opportunities may be utilised.

Article 2 - Definitions

1. For the purposes of this Regulation, ‘deep-sea fishing permit’ means the fishing permit referred to in Article 3 of Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (11).

2. The definitions of ICES and CECAF zones are those given, respectively, in Regulation (EEC) No 3880/91 and Regulation (EC) No 2597/95.

Article 3 - Fixing of fishing opportunities

Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in the Annex.

Article 4 - Allocation among Member States

The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to:

(a)exchanges made pursuant to Article 20(5) of Regulation (EEC) No 2371/2002;

(b)reallocations made pursuant to Articles 21(4) and 32(2) of Regulation (EEC) No 2847/93 and Article 23(4) of Regulation (EC) No 2371/2002;

(c)additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96;

(d)quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96;

(e)deductions made pursuant to Article 5 of Regulation (EC) No 847/96 and Article 23(4) of Regulation (EC) No 2371/2002.

Article 5 - Quota flexibility

For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to this Regulation shall be considered ‘Analytic’ quotas.

However, the measures provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.

Article 6 - Conditions for landing catch and by-catch

Fish from stocks for which fishing opportunities are fixed by this Regulation may be retained on board or landed only if they were taken by vessels of a Member State which has a quota which is not exhausted. All landings shall count against the quota.

The first subparagraph shall not apply to catches taken in the course of scientific investigations carried out under Regulation (EC) No 850/98, which shall not count against the quota.

Article 7 - Orange Roughy

1. The Orange Roughy Protection Areas are defined as the following sea areas:

(a)that sea area enclosed by rhumb lines sequentially joining the following positions:

57° 00′ N, 11° 00′ W

57° 00′ N, 8° 30′ W

56° 23′ N, 8° 30′ W

55° 00′ N, 9° 38′ W

55° 00′ N, 11° 00′ W

57° 00′ N, 11° 00′ W

(b)that sea area enclosed by rhumb lines sequentially joining the following positions:

55° 30′ N, 15° 49′ W

53° 30′ N, 14° 11′ W

50° 30′ N, 14° 11′ W

50° 30′ N, 15° 49′ W

(c)that sea area enclosed by rhumb lines sequentially joining the following positions:

55° 00′ N, 13° 51′ W

55° 00′ N, 10° 37′ W

54° 15′ N, 10° 37′ W

53° 30′ N, 11° 50′ W

53° 30′ N, 13° 51′ W

Those positions and the corresponding rhumb lines and vessel positions shall be measured according to the WGS84 standard.

2. Member States shall ensure that vessels holding a deep-sea fishing permit shall be properly monitored by the Fisheries Monitoring Centres (FMC), which shall have a system to detect and record the vessels’ entry into, transit through and exit from the areas defined in paragraph 1.

3. Vessels holding a deep-sea fishing permit that have entered the areas defined in paragraph 1 shall not retain on board or tranship any quantity of orange roughy, nor land any quantity of orange roughy at the end of that fishing trip unless:

—all gears carried on board are lashed and stowed during the transit in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93

—the average speed during transit is not less than 8 knots.

Article 8 - Effort limitations and associated conditions for the management of stocks

Each Member State 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 fishing effort deployed by its 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.

Article 9 - 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 1 January 2005.

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