Council Regulation (EC) No 2287/2003 (repealed)Show full title

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 Annexes I and II.

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

3. The Commission shall fix the fishing opportunities for capelin in zones V, XIV (Greenland waters) available to the Community equal to 70 % of Greenland's share of the capelin TAC as soon as the TAC has been established. Following the transfer of 30 000 tonnes to Iceland, 10 000 tonnes to the Faroe Islands and 6 700 tonnes to Norway, the remaining amount shall be available to all Member States.

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 on allocations

The allocation of fishing opportunities among Member States provided for in Annexes I and II shall be without prejudice to:

(a)

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

(b)

reallocations made pursuant to Article 21(4), Article 23(1) and Article 32(2) of Regulation (EEC) No 2847/93;

(c)

additional landings allowed under Article 3 of Regulation (EC) No 847/96;

(d)

quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e)

deductions made pursuant to Article 5 of Regulation (EC) No 847/96.

Article 7 Quota flexibility

For 2004, the stocks which are subject to a precautionary or to an analytical TAC, the stocks to which the year-to-year flexibility conditions set out in Articles 3 and 4 of Regulation (EC) No 847/96 are to apply, and the stocks to which the penalty coefficients provided for in Article 5(2) of that Regulation are to apply, shall be as set out in Annex I of this Regulation.

Article 8 Conditions for landing catch and by-catch

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

(a) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

(b) the catches from part of a Community share which has not been allocated by quota among Member States, and that share has not been exhausted; or

(c) for all species other than herring and mackerel, where they are mixed with other species, the catches have been taken with nets whose mesh size is less than 32 millimetres in accordance with Article 4 of Regulation (EC) No 850/98, and are not sorted either on board or on landing; or

(d) for herring, the catches comply with Article 2 of Regulation (EC) No 1434/98; or

(e) for mackerel, where they are mixed with horse mackerel or pilchard, the mackerel does not exceed 10 % of the total weight of mackerel, horse mackerel and pilchard on board, and the catches are not sorted; or

(f) catches are taken during the course of scientific investigations carried out under Regulation (EC) No 850/98.

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), (d), (e) and (f).

3. Notwithstanding paragraph 1, when any of the fishing opportunities indicated in Annex II are exhausted, it shall be prohibited for vessels 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 Article 4 of Regulation (EC) No 850/98.

Article 9 Access limits

1. 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.

2. 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:

• South Western Area

  1.

  63°12′N and 23°05′W through 62°00′N and 26°00′W,

  2.

  62°58′N and 22°25′W,

  3.

  63°06′N and 21°30′W,

  4.

  63°03′N and 21°00′W from there 180°00′S;

• South Eastern Area

  1.

  63°14′N and 10°40′W,

  2.

  63°14′N and 11°23′W,

  3.

  63°35′N and 12°21′W,

  4.

  64°00′N and 12°30′W,

  5.

  63°53′N and 13°30′W,

  6.

  63°36′N and 14°30′W,

  7.

  63°10′N and 17°00′W from there 180°00′S.

Article 10 Special conditions for North Sea herring

The measures set out in Annex III shall apply with regard to the capture, sorting and landing of herring taken from the North Sea, the Skagerrak and the Kattegat.

Article 11 Other technical and control measures

The technical measures set out in Annex IV shall apply in 2004 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 points 11 and 12 of Annex IV 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 2004 to 31 January 2004, for the management of cod stocks in Skagerrak, Kattegat, North Sea and to the West of Scotland the fishing effort limitations and associated conditions laid down in Annex XVII of Regulation (EC) No 2341/2002(1) shall apply.

2. For the period 1 February 2004 to 31 December 2004, for the management of cod stocks in Skagerrak, Kattegat, North Sea and Eastern Channel, Irish Sea and to the West of Scotland, the fishing effort limitations and associated conditions laid down in Annex V shall apply.

3. For the management of sandeel stocks in ICES Sub-area IV (Skagerrak and North Sea), the effort limitations and associated conditions laid down in Annex VI shall apply.

4. Detailed rules for the implementation of paragraph 6 of Annex VI may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.

(1)

Council Regulation (EC) No 2341/2002 of 20 December 2002 fixing for 2003 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 356, 31.12.2002 p. 12). Regulation as last amended by Regulation (EC) No 1754/2003 (OJ L 252, 4.10.2003, p. 1).