CHAPTER II

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS

Fishing opportunities and allocations
Article 5
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.
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.
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.

Special provisions and allocations
Article 6
The allocation of fishing opportunities among Member States as set out in Annex I shall be without prejudice to:
1. exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
2. reallocations made pursuant to Article 21(4), Article 23(1) and Article 32(2) of Regulation (EEC) No 2847/93;
3. additional landings allowed under Article 3 of Regulation (EC) No 847/96;
4. quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
5. deductions made pursuant to Article 5 of Regulation (EC) No 847/96.

Quota flexibility
Article 7
For 2005, the following stocks shall be as set out in Annex I to this Regulation:
1. the stocks which are subject to a precautionary or to an analytical TAC;
2. 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
3. the stocks to which the penalty coefficients provided for in Article 5(2) of that Regulation are to apply.

Conditions for landing catch and by-catches
Article 8
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 the measures referred to in point 12 of Annex III; 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 either on board or on landing; or
f
catches are taken during the course of scientific investigations carried out under Regulation (EC) No 850/98 or Regulation (EC) No 88/98.
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), (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.

Access limits
Article 9
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.
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.

Special conditions for landings of unsorted catches from Sub-areas IIa (EC waters), III, IV and VIId
Article 10
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.

Other technical and control measures
Article 11
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.

Effort limitations and associated conditions for the management of stocks
Article 12
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 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.
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).
Substituted by 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.
Inserted by 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.