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Council Regulation (EC) No 754/2007 of 28 June 2007 amending Regulations (EC) No 1941/2006, (EC) No 2015/2006 and (EC) No 41/2007, as regards fishing opportunities and associated conditions for certain fish stocks
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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) Council Regulation (EC) No 1941/2006(3) fixes the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2007.
(2) Regulation (EC) No 1941/2006 provides that the additional prohibited days to be allocated by Member States in certain subdivisions of the Baltic Sea are to be divided into periods of not less than five days. That provision should, however, not apply where the additional prohibited days are linked to one of the fixed closed periods provided for in that Regulation, as long as the total period of closed days is equal to or greater than five days. The allocation of the additional prohibited days should be clarified retroactively.
(3) The provisions on designated ports should be clarified.
(4) Drift lines should be excluded from the gear types subject to the fishing effort limits when this gear type is not used to catch cod.
(5) Since it is not considered necessary to maintain the reference to Subdivision 27 as regards fishing effort limits in the Baltic Sea due to minimal catches of cod in this Subdivision, the reference to this Subdivision should be deleted.
(6) Council Regulation (EC) No 2015/2006(4) fixes for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks.
(7) The descriptions of certain fishing zones in that Regulation should be clarified in order to ensure the correct identification of the area in which a quota can be fished.
(8) Certain quotas and footnotes were inaccurately indicated in that Regulation for certain species and should be corrected.
(9) Council Regulation (EC) No 41/2007(5) fixes for 2007 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.
(10) Certain special provisions concerning landing or transhipment of frozen fish caught by third-country fishing vessels in the NEAFC Convention area should be clarified.
(11) The title of Annex IA to Regulation (EC) No 41/2007 and certain descriptions of fishing zones should be clarified in order to ensure the correct identification of the area in which a quota can be fished.
(12) The final catch limits for the fisheries on sandeel in ICES zones IIIa and IV and EC waters of ICES zone IIa shall be established on the basis of advice from the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF) and pursuant to point 8 of Annex IID to Regulation (EC) No 41/2007. Sandeel is a North Sea stock which is shared with Norway but which is currently not jointly managed. The final catch limits are in accordance with the Agreed Record of conclusions of fisheries consultations with Norway of 22 May 2007.
(13) The conditions applying to the by-catch quota on skates and rays should be limited to quantities of more than 200 kg of these species.
(14) The reference period relating to the quantification of the fishing efforts deployed by fleets benefiting from the allocation of additional days for the permanent cessation of fishing activities is wrongly indicated and should be corrected.
(15) The coordinates indicating the area related to technical measures in the Irish Sea in Annex III are not correctly indicated and should be corrected.
(16) The Western and Central Pacific Fisheries Commission at its third Annual Meeting on 11-15 December 2006 adopted measures to protect tuna resources and regulatory measures for swordfish in certain areas. Those measures should be implemented in Community law.
(17) Pursuant to consultations between the Community, the Faroe Islands, Iceland, Norway and the Russian Federation on 18 January 2007, an agreement on fishing opportunities for the Atlanto-Scandian (Norwegian spring-spawning) herring stock in the north-east Atlantic was reached. According to that agreement, the number of Community licenses is to be raised from 77 to 93. The agreement should be implemented in Community law.
(18) Regulations (EC) No 1941/2006, (EC) No 2015/2006 and (EC) No 41/2007 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
OJ L 70, 9.3.2004, p. 8. Regulation as amended by Commission Regulation (EC) No 441/2007 (OJ L 104, 21.4.2007, p. 28).
OJ L 367, 22.12.2006, p. 1. Regulation as amended by Commission Regulation (EC) No 609/2007 (OJ L 141, 2.6.2007, p. 33).
OJ L 384, 29.12.2006, p. 28. Regulation as amended by Regulation (EC) No 609/2007.
OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Regulation (EC) No 643/2007 (OJ L 151, 13.6.2007, p. 1).
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