EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 32005R0860
Council Regulation (EC) No 860/2005 of 30 May 2005 amending Regulation (EC) No 27/2005, as concerns fishing opportunities in Greenland, Faroese and Icelandic waters and fishing for cod in the North Sea, and amending Regulation (EC) No 2270/2004, as concerns fishing opportunities for deep-sea sharks and roundnose grenadier
Council Regulation (EC) No 860/2005 of 30 May 2005 amending Regulation (EC) No 27/2005, as concerns fishing opportunities in Greenland, Faroese and Icelandic waters and fishing for cod in the North Sea, and amending Regulation (EC) No 2270/2004, as concerns fishing opportunities for deep-sea sharks and roundnose grenadier
Council Regulation (EC) No 860/2005 of 30 May 2005 amending Regulation (EC) No 27/2005, as concerns fishing opportunities in Greenland, Faroese and Icelandic waters and fishing for cod in the North Sea, and amending Regulation (EC) No 2270/2004, as concerns fishing opportunities for deep-sea sharks and roundnose grenadier
OJ L 144, 8.6.2005, p. 1–8
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
OJ L 164M, 16.6.2006, p. 102–109
(MT)
In force
|
8.6.2005 |
EN |
Official Journal of the European Union |
L 144/1 |
COUNCIL REGULATION (EC) No 860/2005
of 30 May 2005
amending Regulation (EC) No 27/2005, as concerns fishing opportunities in Greenland, Faroese and Icelandic waters and fishing for cod in the North Sea, and amending Regulation (EC) No 2270/2004, as concerns fishing opportunities for deep-sea sharks and roundnose grenadier
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 20 thereof,
Having regard to Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (2), and in particular Article 8 thereof,
Having regard to the proposal from the Commission,
Whereas:
|
(1) |
Regulation (EC) No 27/2005 (3) fixes 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. |
|
(2) |
It is necessary to rectify some calculating errors occurred when allocating the quotas to Member States for certain species. |
|
(3) |
With a view to improving the decision-making process, which is based on sound scientific advice and on the best information available, the same conditions should apply for EC vessels to report catches of non-quota species in EC waters with a breakdown by species per area. |
|
(4) |
In accordance with the procedure provided for in the Agreement on fisheries and the marine environment between the European Economic Community and the Republic of Iceland (4), the Community has held consultations on fishing rights for 2005 with Iceland. The outcome of the consultations has to be incorporated in Regulation (EC) No 27/2005. |
|
(5) |
The Greenland authorities have notified the Commission that the Community has access to 1 000 tonnes of snow crab in Greenland waters. It has further been agreed with the Greenland authorities that the whole quota of redfish in areas V and XIV may be fished by pelagic trawl. |
|
(6) |
It has appeared that allocating more days of fishing per calendar month in the North Sea to vessels fishing with towed gears with 120 mm square mesh windows could jeopardise the recovery of cod and would be contrary to Article 8 of Regulation (EC) No 423/2004 of 26 February 2004. The North Sea should therefore be deleted from the list of areas to which that allocation of supplemental days is applicable. It is equally appropriate to clarify the technical specifications of the 120 mm square mesh window. |
|
(7) |
The fishing opportunities for deep-sea sharks in ICES sub-area X (Community waters and international waters) should be increased to 120 tonnes thereby allowing deep-sea sharks that are taken as unavoidable by-catches in other fisheries to be landed. |
|
(8) |
The rules on the interactions of fishing between areas defined in Annex IVa and Annex IVc to Regulation (EC) No 27/2005 should not prevent a vessel from using the maximum number of days available in Annex IVa. Those rules should therefore be amended. |
|
(9) |
Regulation (EC) No 2270/2004 (5) fixes for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks. |
|
(10) |
The fishing opportunities for roundnose grenadier in ICES division Vb, sub-areas VI and VII (Community waters and international waters) were inappropriately calculated in Regulation (EC) No 2270/2004 and should be corrected. |
|
(11) |
In order to ensure the livelihood of Community fishermen, it is important to open these fisheries as soon as possible. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of national parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities. |
|
(12) |
Regulations (EC) No 27/2005 and (EC) No 2270/2004 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 27/2005
Regulation (EC) No 27/2005 is amended as follows:
|
1. |
Article 5(2) shall be replaced by the following: ‘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.’ |
|
2. |
The following subparagraph shall be added to Article 9: ‘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:
|
|
3. |
Annexes IB, IC, ID, IVa, IVc and VI shall be amended in accordance with Annex I to this Regulation. |
Article 2
Amendments to Regulation (EC) No 2270/2004
The Annex to Regulation (EC) No 2270/2004 shall be amended in accordance with Annex II to this Regulation.
Article 3
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 May 2005.
For the Council
The President
F. BODEN
(1) OJ L 358, 31.12.2002, p. 59.
(5) OJ L 396, 31.12.2004, p. 4.
ANNEX I
The Annexes to Regulation (EC) No 27/2005 are amended as follows:
|
1. |
In Annex IB:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
2. |
In Annex IC:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
3. |
In Annex ID, the entry concerning the species white hake in zone NAFO 3NO is replaced by the following:
|
|||||||||||||||||||||
|
4. |
In Annex IVa:
|
|
5. |
In Annex IVc, point 6(a) is replaced by the following:
|
||||||||||||||
|
6. |
In Annex VI, Part I is replaced by the following: ‘PART I QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR COMMUNITY VESSELS FISHING IN THIRD COUNTRY WATERS
|
(1) May not be fished in Division 3 IIIb,c,d.’
(2) Taken with long lines only, including rat tails, Mora mora and greater fork beard.’
(3) Limited to IIa and IV. Includes fisheries not specifically mentioned.
(4) Limited to by-catches of whitefish in IV and VIa.’
(5) Of which 45 930 tonnes are allocated to Iceland.
(6) To be fished before 30 April 2005.’
(7) May be fished by pelagic trawl. Catches from the bottom trawl fishery and the pelagic trawl fishery shall be reported separately. May be fished East or West.
(8) 3 500 tonnes to be fished with pelagic trawl are allocated to Norway.
(9) 500 tonnes are allocated to the Faroe Islands. Catches from the bottom trawl and pelagic trawl fisheries shall be reported separately.
(10) Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and Greenland) for 2005.
(11) Including unavoidable by-catches (cod not allowed).
(12) To be fished between July and December.’
(13) As verified by the EC logbook — average annual landing in live weight.
(14) The vessel may be present within the area for the number of days in the month concerned.
(15) Vessels subject to this derogation shall comply with the conditions laid down in Appendix 1 to this Annex.’
(16) This allocation is valid for purse and trawl fisheries.
(17) To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00' N.
(18) Following the Agreed Record of 1999, the figures for the Directed fishing for cod and haddock are included in the figures for “All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines”.
(19) These figures refer to the maximum number of vessels present at any time.
(20) These figures are included in the figures for “Trawling outside 21 miles from the Faroese baselines”.
(21) Applies only to vessels flying the flag of Latvia.’
ANNEX II
Part 2 of the Annex to Regulation (EC) No 2270/2004 is amended as follows:
|
1. |
The entry concerning the species deep-sea sharks in zone X (Community waters and international waters) is replaced by the following:
|
||||||||||||||
|
2. |
The entry concerning the species roundnose grenadier in zone Vb, VI, VII (Community waters and international waters) is replaced by the following:
|
||||||||||||||||||||||||||||||
(1) Exclusively for by-catches. No directed fisheries are permitted under this quota.’
(2) Exclusively for by-catches. No directed fisheries are permitted under this quota.’