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Council 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of 2003(1), in particular Article 24, Annexes VI, VIII, IX and XII thereof,

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(2), and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 66/98 of 18 December 1997 laying down certain conservation and control measures applicable to fishing activities in the Antarctic(3), and in particular Article 21 thereof,

Having regard to the proposal of the Commission,

Whereas:

(1) Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking into account available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries.

(2) Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council, to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be allocated to Member States and third countries in accordance with the criteria laid down in Article 20 of that Regulation.

(3) In order to ensure effective management of the TACs and quotas, the specific conditions under which fishing operations occur should be established.

(4) It is necessary to establish the principles and certain procedures of fishery management at Community level, so that Member States can ensure the management of the vessels flying their flag.

(5) In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas(4), it is necessary to identify the stocks which are subject to the various measures fixed therein.

(6) In accordance with the procedure provided for in the agreements or protocols on fisheries relations, the Community has held consultations on fishing rights with Norway(5), the Faroe Islands(6), Greenland(7), Iceland(8), Latvia(9), Lithuania(10) and Estonia(11).

(7) Pursuant to Article 124 of the 1994 Act of Accession, fisheries agreements concluded by Sweden and Finland with third countries are managed by the Community. In accordance with these agreements, the Community has held consultations with Poland.

(8) Pursuant to the 2003 Act of Accession, provisions on fishing opportunities for Estonia, Latvia, Lithuania and Poland are to be in accordance with the Accession Treaty from the date of accession. However, the same basis for allocation of fishing opportunities should be applied from 1 January 2004 until the date of accession.

(9) The Community is a Contracting Party to several regional fisheries organisations. These fisheries organisations have recommended the setting of catch limitations and other conservation rules for certain species. These recommendations should therefore be implemented by the Community.

(10) At its Annual Meeting, the International Commission for the Conservation of Atlantic Tunas (ICCAT) has adopted tables indicating the under-utilisation and over-utilisation of the ICCAT contracting parties fishing possibilities. In this context, ICCAT has adopted a decision observing that during the year 2002, the European Community had underexploited its quota for several stocks.

(11) In order to respect the adjustments to the Community quotas established by ICCAT, it is necessary for the distribution of the under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the under-utilisation without modifying the distribution key established in this Regulation concerning the annual allocation of TACs.

(12) The execution of fishing opportunities should be in accordance with the Community legislation on the matter, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels(12), Council Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish(13), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(14), Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean(15), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits(16), Regulation (EC) No 66/98, Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound(17), Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(18) and, Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for purposes other than direct human consumption(19).

(13) In order to contribute to the conservation of fish stocks, certain complementary measures on control and technical conditions of fishing should be implemented in 2004.

(14) It is necessary to adopt Community provisions concerning fishing in the Gulf of Riga in accordance with the guidelines established in the 2003 Act of Accession. It is appropriate to introduce an obligation to hold special fishing permits in order to have access to these waters.

(15) The Inter-American Tropical Tuna Commission (IATTC) adopted, at its meeting in October 2003, a special closure of fisheries for the purse seine fleet, along with technical measures regarding the retention of all catches, by-catch provisions and provisions relating to sea turtles. Although the Community is not a member of this organisation, it is necessary to implement those catch limitations to ensure sustainable management of this fish resource.

(16) TACs for stocks for which recovery plans can already be implemented in 2004 should correspond to the recovery strategies laid down in these plans. For stocks where such recovery plans cannot be implemented in 2004, a more restrictive short-term management should apply.

(17) Pending the adoption of recovery plans and the implementation of the effort management schemes included therein, it is necessary to apply provisional effort management schemes at least for the most endangered stocks, those for which the International Council for the Exploration of the Sea (ICES) recommends a zero TAC in 2004.

(18) It is necessary, following the advice from ICES, to apply a temporary system to manage the fishing effort of the industrial fishery for sandeel in ICES sub-area IV (Skagerrak and the North Sea).

(19) At its 25th Annual Meeting of 15 to 19 September 2003, Northwest Atlantic Fisheries Organisation (NAFO) adopted a rebuilding plan for Greenland halibut in NAFO Sub-area 2 and divisions 3KLMNO. The plan foresees a reduction of the TAC level until 2007 as well as additional measures to ensure its effectiveness. It is therefore necessary to implement these measures already from 2004 pending the adoption of a Council Regulation implementing multiannual measures to rebuild the Greenland halibut stock.

(20) In order to comply with international obligations undertaken by the Community as a Contracting Party to the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), including the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by the latter for the 2003-2004 season and the corresponding season limit dates should be applied.

(21) At its XXII Annual meeting in 2003, CCAMLR approved the participation of EC-flagged vessels in exploratory fisheries for Dissostichus spp. in Sub-areas FAO 88.1 and FAO 48.6, and made the relevant fishing activities subject to catch and by-catch limits, as well as to certain specific technical measures. Those limits and technical measures should also be applied.

(22) In order to ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2004. Given the urgency of the matter, it is imperative to grant an exception to the six-week period mentioned 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,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes fishing opportunities for the year 2004, for certain fish stocks and groups of fish stocks, and the specific conditions under which such fishing opportunities may be used.

However, for certain Antarctic stocks, it fixes the fishing opportunities and specific conditions for the period specified in Annex IF.

Article 2

Scope

This Regulation shall apply to:

(a) Community fishing vessels (hereinafter referred to as "Community vessels"; and

(b) fishing vessels flying the flag of and registered in third countries (hereinafter "third country vessels") in waters falling within the sovereignty or jurisdiction of Member States (hereinafter referred to as "EC waters").

Article 3

Definitions

For the purposes of this Regulation:

(a) "fishing opportunities" means:

(i) total allowable catches ("TACs") or the number of vessels authorised to fish and/or the duration of these authorisations;

(ii) shares of the TACs available to the Community;

(iii) quotas allocated to the Community in third country waters;

(iv) allocation of Community fishing opportunities under (ii) and (iii) to Member States in the form of quotas;

(v) allocation to third countries of quotas to be fished in Community waters.

(b) "international waters" means waters falling outside the sovereignty or jurisdiction of any State;

(c) "NAFO Regulatory Area" means the part of the area of the NAFO (Northwest Atlantic Fisheries Organisation) Convention not falling under the sovereignty or within the jurisdiction of coastal States;

(d) "Skagerrak" means the area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;

(e) "Kattegat" means the area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

(f) "North Sea" means ICES Sub-area IV and that part of ICES Division IIIa which is not covered by the definition of the Skagerrak given in point (c);

(g) "Management Unit 3" means ICES Sub-divisions 30 and 31 and the part of Sub-division 29 situated north of 59°30' N.

(h) "Gulf of Riga" means the area bounded on the west by a line drawn from Ovisi lighthouse (57° 34.1234' N, 21° 42.9574' E) on the west coast of Latvia to the Southern Rock of Cape Loode (57° 57.4760' N, 21° 58.2789' E) on the island of Saaremaa, then southwards to the southernmost point of the peninsula of Sõrve and then in a north-eastern direction along the east coast of the island of Saaremaa, and in the north by a line drawn from 58°30.0' N 23°13.2'E to 58°30.0'N 23°41'1E.

(i) "new Member States" means the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

Article 4

Fishing zones

For the purpose of this Regulation:

(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EEC) No 3880/91;

(b) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 2597/95;

(d) CCAMLR (Convention for the Conservation of Antarctic Marine Living Resources) zones are as defined in Regulation (EC) No 66/98.

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 30000 tonnes to Iceland, 10000 tonnes to the Faroe Islands and 6700 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;

(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(20) 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.

CHAPTER III

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR THIRD COUNTRY VESSELS

Article 13

Authorisation

Vessels flying the flag of Barbados, Estonia, Guyana, Japan, South Korea, Latvia, Lithuania, Norway, Poland, the Russian Federation, Suriname, Trinidad and Tobago and Venezuela and vessels registered in the Faroe Islands shall be authorised to make catches, within the quota limits set out in Annex I, in Community waters, and subject to the conditions stipulated under Articles 14, 15, 18, 19, 20, 21, 22, 23 and 24.

Article 14

Geographic restrictions

Fishing by vessels flying the flag of:

(a) Norway or registered in the Faroe Islands shall be limited to those parts of the 200 nautical mile zone lying seawards of 12 nautical miles from the baselines of Member States in the North Sea, Kattegat, Baltic Sea and Atlantic Ocean north of 43°00' N, except the area referred to in Article 18 of Regulation (EC) No 2371/2002; fishing in the Skagerrak by vessels flying the flag of Norway shall be allowed seawards of four nautical miles from the baselines of Denmark and Sweden;

(b) Estonia, Latvia and Lithuania shall be limited to those parts of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of Member States in the Baltic Sea south of 59°30' N;

(c) Poland and the Russian Federation shall be limited to those parts of the Swedish part of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of Sweden in the Baltic Sea south of 59°30'N;

(d) Barbados, Guyana, Japan, South Korea, Suriname, Trinidad and Tobago, and Venezuela shall be limited to those parts of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of the French Department of Guyana.

Article 15

Conditions for landing catch and by-catch

Fish from stocks for which fishing opportunities are fixed shall not be retained on board or landed unless the catches have been taken by vessels of a third country having a quota and that quota is not exhausted.

CHAPTER IV

LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS

Article 16

Licences and associated conditions

1. Notwithstanding the general rules on fishing licences and special fishing permits provided for in Regulation (EC) No 1627/94, fishing in waters of third countries shall be subject to the holding of a licence issued by the authorities of the third country.

However, the first subparagraph shall not apply to the following vessels, when fishing in Norwegian waters of the North Sea:

(a) vessels of a tonnage equal to or less than 200 GT;

(b) vessels carrying out fisheries for human consumption for species other than mackerel;

2. The maximum number of licences and other associated conditions shall be fixed as set out in Annex VII, Part I. Requests for licences shall indicate the types of fishing and the name and characteristics of the vessels for which licenses are to be issued and shall be addressed by the authorities of the Member States to the Commission. The Commission shall submit these requests to the authorities of the third country concerned.

3. Community vessels shall comply with the conservation and control measures and all other provisions governing the zone in which they operate.

Article 17

Faroe Islands

Community vessels licensed to conduct a directed fishery for one species in waters of the Faroe Islands may conduct directed fishery for another species provided that they give prior notification of the change to the Faroese authorities.

CHAPTER V

LICENSING ARRANGEMENTS FOR THIRD COUNTRY VESSELS

Article 18

Obligation to have a licence and a special fishing permit

1. Notwithstanding Article 28b of Regulation (EC) No 2847/93, Norwegian vessels of less than 200 GT shall be exempt from the obligation to have a licence and a fishing permit.

2. The licence and special fishing permit shall be kept on board. Vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.

3. Vessels from third countries authorised to fish on 31 December 2003 may continue to fish as from the beginning of the year 2004 until the list of vessels authorised to fish is submitted to and approved by the Commission.

Article 19

Application for a licence and special fishing permit

An application for a licence and special fishing permit from an authority of a third country to the Commission shall be accompanied by the following information:

(a) name of the vessel;

(b) registration number;

(d) port of registration;

(e) name and address of the owner or charterer;

(f) gross tonnage and overall length;

(g) engine power;

(h) call sign and radio frequency;

(i) intended method of fishing;

(j) intended area of fishing;

(k) species for which it is intended to fish;

(l) period for which a licence is required.

Article 20

Number of licences

The number of licences and special associated conditions shall be fixed as set out in Annex VII, Part II.

Article 21

Cancellation and withdrawal

1. Licences and special fishing permits may be cancelled with a view to the issue of new licences and special fishing permits. Such cancellations shall take effect on the day before the date of issue of the new licences and special fishing permits by the Commission. New licences and special fishing permits shall take effect from their date of issue.

2. Licences and special fishing permits shall be wholly or partially withdrawn before the date of expiry if the quota for the stock in question provided for in Annex I has been exhausted.

3. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.

Article 22

Failure to comply with relevant rules

1. For a period not exceeding 12 months, no licence and special fishing permit shall be issued for any vessel in respect of which the obligations laid down in this Regulation have not been fulfilled.

2. The Commission shall submit to the authorities of the third country concerned the names and characteristics of the vessels which will not be authorised to fish in the Community fishing zone for the following month or months as a consequence of an infringement of the relevant rules.

Article 23

Obligations of the licence holder

1. Third country vessels shall comply with the conservation and control measures and other provisions governing fishing of Community vessels in the zone in which they operate, in particular Regulations (EEC) No 2847/93, (EC) No 1627/94, (EC) No 88/98, (EC) No 850/98, (EC) No 1434/98 and Commission Regulation (EEC) No 1381/87.

2. The vessels referred to in paragraph 1 shall keep a logbook in which the information set out in Annex VIII, Part I is entered.

3. Third country vessels, except Norwegian vessels fishing in ICES Division IIIa, shall transmit the information set out in Annex IX to the Commission, in accordance with the rules laid down in that Annex.

Article 24

Specific provisions concerning the French Department of Guyana

1. The granting of licences to fish in the waters of the French Department of Guyana shall be subject to an undertaking by the owner of the vessel concerned to permit an observer to come on board at the Commission's request.

2. The master of each vessel in possession of a licence for finfish or tuna fishing in the waters of the French Department of Guyana shall, on landing the catch after each trip, submit a declaration to the French authorities stating the quantities of shrimp caught and kept on board since the last declaration. This declaration shall be made using the form of which a model appears in Annex VII, Part III. The master shall be responsible for the accuracy of the declaration. The French authorities shall take all appropriate measures to verify the accuracy of the declarations, by checking them in particular against the logbook referred to in Article 23(2). The declaration shall be signed by the competent official after it has been verified. Before the end of each month, the French authorities shall send to the Commission all the declarations relating to the preceding month.

3. The vessels fishing in the waters of the French Department of Guyana shall keep a logbook corresponding to the model appearing in Annex VIII, Part II. A copy of this logbook shall be sent to the Commission within 30 days of the last day of each fishing trip, via the French authorities.

4. If, for a period of one month, the Commission receives no communication concerning a vessel in possession of a licence to fish in waters of the French Department of Guyana, the licence of that vessel shall be withdrawn.

CHAPTER VI

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA

SECTION 1

Community participation

Article 25

List of vessels

1. Only EC vessels of more than 50 gross tonnes which have been issued a special fishing permit by their flag Member State shall be authorised, on the conditions set out in the permit, to fish, keep on board, trans-ship and land fishery resources from the NAFO Regulatory Area.

2. Each Member State shall send to the Commission, in computer readable form, a list of all vessels of more than 50 gross tonnes flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area.

3. The list referred to in paragraph 2 shall be transmitted to the Commission within 15 days following the entry into force of this Regulation and, in the case of amendments to the list, at least 5 days before the new vessel enters the NAFO Regulatory area. The Commission shall forward this information promptly to the NAFO Secretariat.

4. The list referred to in paragraph 2 shall contain the following information:

(a) the internal number of the vessel, as defined in Annex I to Commission Regulation (EC) No 2090/98 of 30 September 1998 concerning the fishing vessel register of the Community(21);

(b) international radio call sign;

(d) vessel type.

5. For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall include:

(a) date from which the vessel has been authorised to fly the flag of the Member State;

(b) date from which the vessel has been authorised by the Member State to engage in fishing in the NAFO Regulatory Area;

(c) name of the State where the vessel is registered or has been previously registered and the date as from which it ceased flying the flag of that State;

(d) name of the vessel;

(e) official registration number of the vessel assigned by the competent national authorities;

(f) home port of the vessel after the transfer;

(g) name of owner or charterer of the vessel;

(h) a declaration that the master has been provided with a copy of the regulations in force in the NAFO Regulatory Area;

(i) the principal species which can be fished by the vessel in the NAFO Regulatory Area;

(j) the sub-areas where the vessel may be expected to fish.

SECTION 2

Technical measures

Article 26

Mesh sizes

The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for direct fishing of the species referred to in Annex X. This mesh size may be reduced to a minimum of 60 mm for direct fishing of short-finned squid (Illex illecebrosus). For direct fishing of skates (Rajidae) this mesh size shall be increased to a minimum of 280 mm in the cod-end and 220 mm in all other parts of the trawl.

Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm.

Article 27

Attachments to nets

1. The use of any means or device other than those described in this Article which obstructs the meshes of a net or which diminishes their size shall be prohibited.

2. Canvas, netting or any other material may be attached to the underside of the cod-end in order to reduce or prevent damage.

3. Devices may be attached to the upper side of the cod-end provided that they do not obstruct the meshes of the cod-end. The use of top-side chafers shall be limited to those listed in Annex XI.

4. Vessels fishing for shrimp (Pandalus borealis) shall use sorting grids or grates with a maximum spacing between bars of 22 mm. Vessels fishing for shrimp in Division 3L shall also be equipped with toggle chains of a minimum of 72 cm in length.

Article 28

By-catches

1. Masters of vessels may not conduct directed fisheries for species for which by-catch limits apply. A directed fishery for a species is conducted when that species comprises the largest percentage by weight of the catch in any one haul.

2. By-catches of the species listed in Annex ID for which no quotas have been fixed by the Community for a part of the NAFO Regulatory Area and taken in that part when fishing directly for any species may not exceed for each species 2500 kg or 10 % by weight of the total catch retained on board, whichever is the greater. However, in a part of the Regulatory Area where directed fishing of certain species is banned, by-catches of each of the species listed in Annex ID shall not exceed 1250 kg or 5 % respectively.

3. Whenever the total amounts of species for which by-catch limits apply in any haul exceed the limits laid down in paragraph 2, whichever is applicable, vessels shall immediately move a minimum of five nautical miles from the previous haul position. Whenever the total amounts of species for which by-catch limits apply in any subsequent haul exceed the said limits, vessels shall again immediately move a minimum of five nautical miles from the previous haul position and shall not return to the area for at least 48 hours.

4. For vessels fishing for shrimp (Pandalus borealis), in the event that total by-catches of all species listed in Annex ID in any haul exceed 5 % by weight in Division 3M and 2,5 % in Division 3L, vessels shall immediately move a minimum of five nautical miles from the position of the previous haul.

Catches of shrimp shall not be used in the calculation of by-catch level of groundfish species.

Article 29

Minimum size of fish

Fish from the NAFO Regulatory Area which do not have the size required as set out in Annex XII may not be processed, retained on board, trans-shipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea. Where the quantity of caught fish not having the required size exceeds 10 % of the total quantity, the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing. Any processed fish for which minimum fish size requirements apply which is below a length equivalent in Annex XII, shall be deemed to originate from fish that is below the minimum fish size.

SECTION 3

Control measures

Article 30

Logbook and storage plan

1. In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of vessels shall enter in the logbook the information listed in Annex XIII to this Regulation.

2. Each Member State shall, in computer readable form, before the 15th of each month, notify the Commission of the quantities of stocks specified in Annex XIV landed during the preceding month and communicate any information received under Articles 11 and 12 of Regulation (EEC) No 2847/93.

3. The master of a Community vessel shall, in respect of catches of the species listed in Annex ID, keep:

(a) a logbook stating, by species and by processed product, the aggregate output; or

(b) a storage plan of products processed, indicating, by species, where they are located in the hold.

4. The master shall provide the necessary assistance to enable the quantities declared in the logbook and the processed products stored on board to be verified.

Article 31

Nets

When fishing directly for one or more of the species listed in Annex X, vessels shall not carry nets with a mesh size smaller than that laid down in Article 26. However, vessels fishing in the course of the same voyage in areas other than the NAFO Regulatory Area may keep such nets on board provided these nets are securely lashed and stowed and are not available for immediate use, that is to say:

(a) nets shall be unshackled from their boards and their hauling or trawling cables and ropes; and

(b) nets carried on or above the deck must be lashed securely to a part of the superstructure.

Article 32

Trans-shipment

Community vessels shall not engage in trans-shipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities.

Article 33

Monitoring of fishing effort

1. Each Member State shall take the necessary measures to ensure that the fishing effort of its vessels referred to in Article 25 be commensurate to the fishing possibilities available to that Member State in the NAFO Regulatory Area.

2. Member States shall transmit to the Commission the fishing plan for their vessels fishing for species in the NAFO Regulatory Area no later than 31 January 2004 or thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels which will engage in these fisheries. The fishing plan shall represent the total fishing effort to be deployed with respect to the fisheries in relation to the extent of the fishing opportunities available to the Member State making the notification.

Member States shall, no later than 31 December 2004, report to the Commission on the implementation of their fishing plans, including the number of vessels actually engaged in this fishery and the total number of days fished.

SECTION 4

Special provisions for Northern prawns

Article 34

Northern prawn fisheries

Each Member State shall report to the Commission daily the quantities of Northern prawns (Pandalus borealis) caught in Division 3L of the NAFO Regulatory Area by vessels flying its flag and registered in the Community. All fishing activities shall take place in depths greater than 200 metres and shall be limited to one vessel per each Member State allocation at any one time.

SECTION 5

Special provisions for Greenland halibut

Article 35

Special fishing permit for Greenland halibut

1. It shall be prohibited for Community vessels with a length overall of more than 24 metres which are not entered into the list referred to in paragraph 2 to fish, retain onboard, trans-ship or land Greenland halibut.

2. Each Member State shall send to the Commission a list of all vessels of more than 24 metres overall length flying its flag and registered in the Community that it authorises to fish for Greenland halibut in Sub-area 2 and Divisions 3KLMNO by issue of a special fishing permit.

3. The list referred to in paragraph 2 shall include the internal number as defined in Annex I of Commission Regulation (EC) No 2090/98.

4. This list shall be transmitted to the Commission in computer readable form within 15 days following the entry into force of this Regulation and, in the case of amendments to the list, at least 5 days before the new vessel enters Sub-area 2 and Divisions 3KLMNO. The Commission shall forward the list promptly to the NAFO Secretariat.

5. Each Member State shall take the necessary measures to allocate its quota for Greenland halibut among its authorised vessels referred to in paragraph 2. Member States shall transmit the information concerning the allocation of quotas to the Commission within 15 days following the entry into force of this Regulation.

Article 36

Reports

1. Masters of vessels referred in Article 35(2) shall transmit the following reports to the Flag Member State:

(a) The quantities of Greenland halibut retained onboard when the Community vessel enters Sub-area 2 and Divisions 3KLMNO. This report shall be transmitted not earlier than 12 hours and not later than 6 hours in advance of each entry of the vessel to this zone.

(b) Weekly catches of Greenland halibut. This report shall be transmitted for the first time no later than the end of the seventh day following the entry of the vessel into Sub-area 2 and Divisions 3 KLMNO, or, when fishing trips take more than seven days, at the latest on Monday for catches that have been taken in the Sub-area 2 and Divisions 3 KLMNO during the preceding week ending at midnight on Sunday.

(c) The quantities of Greenland halibut held onboard when the Community vessel exits Sub-area 2 and Divisions 3KLMNO. This report shall be transmitted not earlier than 12 hours and not later than 6 hours in advance of each departure of the vessel from this zone and shall include the number of fishing days and the total catches in this zone.

(d) The quantities loaded and unloaded for each trans-shipment of Greenland halibut during the vessel's stay in Sub-area 2 and Divisions 3KLMNO. These reports shall be transmitted no later than 24 hours after the completion of the trans-shipment.

2. Member States shall, upon receipt, transmit the reports under paragraph 1(a), (c) and (d) to the Commission.

3. When catches of Greenland halibut notified in accordance with paragraph 2 are deemed to have exhausted 70 % of the Member States' quota allocation, Member States shall take necessary measures to reinforce the monitoring of the catches and shall inform the Commission of these measures.

Article 37

Designated ports

1. It is prohibited to land any quantities of Greenland halibut at any place other than ports designated by NAFO Contracting Parties. Landings of Greenland halibut in ports of non-Contracting Parties are prohibited.

2. Member States shall designate ports in which landings of Greenland halibut can take place and shall determine the associated inspection and surveillance procedures, including the terms and conditions for recording and reporting the quantities of Greenland halibut within each landing.

3. Member States shall transmit to the Commission within 15 days of the date of entry into force of this Regulation a list of designated ports and, within 15 days thereafter, the associated inspection and surveillance procedures referred to in paragraph 2. The Commission shall promptly forward this information to the NAFO Secretariat.

4. The Commission shall promptly transmit a list of the designated ports referred to in paragraph 2 as well as ports designated by other Contracting Parties of NAFO to all Member States.

Article 38

Inspection in port

1. Member States shall ensure that all vessels entering a designated port to land and/or trans-ship Greenland halibut undergo an inspection in port in accordance with the port inspection scheme of NAFO.

2. It is prohibited to discharge and/or trans-ship catches from vessels referred to in paragraph 1 until the inspectors are present.

3. All quantities discharged shall be weighed by species before being transported to a cold store or another destination.

4. Member States shall transmit the corresponding port inspection report to the NAFO Secretariat, with a copy to the Commission, within 7 working days from the date at which the inspection was completed.

Article 39

Prohibition of landings and trans-shipments for non-Contracting Party vessels

Member States shall ensure that landings and trans-shipments of Greenland halibut from non-Contracting Party vessels which have been engaged in fishing activities in the NAFO Regulatory Area are prohibited.

Article 40

Follow up on fishing activities

Member States shall submit a report to the Commission by 31 December 2004 at the latest on the implementation of the measures laid down in Articles 34 to 39, including the total number of days fished.

SECTION 6

Special provisions for redfish

Article 41

Redfish fishery

1. Every second Monday, the master of a Community vessel fishing for redfish in Division Sub-area 2 and Division IF, 3K and 3M of the NAFO Regulatory Area, shall notify to the competent authorities of the Member State, whose flag the vessel is flying or in which the vessel is registered, the quantities of redfish caught in those areas and zones in the two-week period ending at 12 midnight on the previous Sunday.

When accumulated catches reached 50 % of the TAC, the notification shall be made weekly each Monday.

2. Member States shall report to the Commission every second Tuesday before 12 noon for the fortnight ending at 12 midnight on the previous Sunday the quantities of redfish caught in Sub-area 2 and Divisions IF, 3K and 3M of the NAFO Regulatory Area by vessels flying their flag and registered in their territory.

When accumulated catches reached 50 % of the TAC, reports shall be sent on a weekly basis.

CHAPTER VII

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE AREA OF CCAMLR

SECTION 1

Restrictions

Article 42

Prohibitions and catch limitations

1. Direct fishing of the species set out in Annex XV shall be prohibited in the zones and during the periods indicated in that Annex.

2. For new and exploratory fisheries, the catch and by-catch limits set out in Annex XVI shall apply in the sub-areas/divisions indicated in that Annex.

SECTION 2

Exploratory fisheries

Article 43

Participation in exploratory fisheries

1. Fishing vessels flying the flag of and registered in Spain that have been notified to CCAMLR in accordance with the provisions of Article 16 of Regulation (EC) No 66/98 may participate in long-line exploratory fisheries for Dissostichus spp. in FAO Sub-area 48.6 and FAO Sub-area 88.1. No more than one fishing vessel shall fish in Sub-area 48.6 at any one time. Total catch and by-catch limits per Sub-area and their distribution among Small Scale Research Units (SSRUs) within each of the two Sub-areas are set out in Annex XVI.

2. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and effort. To this end, fishing in any SSRU shall cease when the reported catch reaches the specified catch limit and that SSRU shall be closed to fishing for the remainder of the season.

Article 44

Reporting systems

Fishing vessels participating in the exploratory fisheries referred to in Article 43 shall be subject to the following catch and effort reporting systems:

(a) the Five-day Catch and Effort Reporting System set out in Article 7(3) of Regulation (EC) No 66/98;

(b) the Monthly fine-scale Catch and Effort Reporting System set out in Article 12 of Regulation (EC) No 66/98;

(c) the total number and weight of Dissostichus eleginoides and Dissostichus mawsoni discarded, including those with the "jellymeat" condition, shall be reported.

Article 45

Special requirements

1. The exploratory fisheries referred to in Article 43 shall be carried out in accordance with Article 14(3) of Regulation (EC) No 66/98 with regard to applicable measures to reduce the incidental mortality of seabirds in the course of long-line fisheries. In addition to these measures, the discharge of offal shall be prohibited in these fisheries.

2. Fishing vessels participating in exploratory fisheries in FAO Sub-area 88.1 shall be subject to the following additional requirements:

(a) vessels shall be prohibited from discharging:

(i) oil or fuel products or oily residues into the sea, except as permitted in Annex I of MARPOL 73/78;

(ii) garbage;

(iii) food wastes not capable of passing through a screen with openings no greater than 25 mm;

(iv) poultry or parts (including egg shells); or

(v) sewage within 12 nautical miles of land or ice shelves, or sewage while the ship is travelling at a speed of less than 4 knots.

(b) No live poultry or other living birds shall be brought into Sub-area 88.1 and any dressed poultry not consumed shall be removed from Sub-area 88.1.

(c) Fishing for Dissostichus spp. in Sub-area 88.1 shall be prohibited within 10 nautical miles of the coast of the Balleny Islands.

Article 46

Definition of hauls

1. For the purposes of this Section, a haul comprises the setting of one or more lines in a single location. The precise geographic position of a haul shall be determined by the centre-point of the line or lines deployed for the purposes of catch and effort reporting.

2. To be designated as a research haul:

(a) each research haul must be separated by no less than 5 nautical miles from any other research haul, distance to be measured from the geographical mid-point of each research haul;

(b) each haul shall comprise at least 3500 hooks and no more than 10000 hooks; this may comprise a number of separate lines set in the same location;

(c) each haul of a longline shall have a soak time of not less than six hours, measured from the time of completion of the setting process to the beginning of the hauling process.

Article 47

Research plans

Fishing vessels participating in the exploratory fisheries referred to in Article 43 shall implement Research Plans, in each and all SSRUs in which FAO Sub-areas 48.6 and 88.1 are divided. The Research Plan shall be implemented in the following manner:

(a) on first entry into a SSRU, the first 10 hauls, designated "first series", shall be designated "research hauls" and must satisfy the criteria set out in Article 46(2);

(b) the next 10 hauls, or 10 tonnes of catch, whichever trigger level is achieved first, are designated the "second series". Hauls in the second series can, at the discretion of the master, be fished as part of normal exploratory fishing. However, provided they satisfy the requirements of Article 46(2), these hauls can also be designated as research hauls;

(c) on completion of the first and second series of hauls, if the master wishes to continue to fish within the SSRU, the vessel must undertake a "third series" which will result in a total of 20 research hauls being made in all three series. The third series of hauls shall be completed during the same visit as the first and the second series in a SSRU;

(d) on completion of 20 research hauls the vessel may continue to fish within the SSRU;

(e) in SSRUs A, B, C, E and G in Sub-area 88.1 where fishable seabed area is less than 15000 km2, subparagraphs (b), (c) and (d) shall not apply and on completion of 10 research hauls the vessel may continue to fish within the SSRU.

Article 48

Data collection plans

1. Fishing vessels participating in the exploratory fisheries referred to in Article 43 shall implement Data Collection Plans, in each and all SSRUs in which FAO Sub-areas 48.6 and 88.1 are divided. The Data Collection Plan shall comprise the following data:

(a) position and sea depth at each end of every line in a haul;

(b) setting, soak, and hauling times;

(d) number of hooks set;

(e) bait type;

(f) baiting success (%);

(g) hook type; and

(h) sea and cloud conditions and phase of the moon at the time of setting the lines.

2. All data specified under paragraph 1 shall be collected for every research haul; in particular, all fish in a research haul up to 100 fish are to be measured and at least 30 fish sampled for biological studies. Where more than 100 fish are caught, a method for randomly subsampling the fish should be applied.

Article 49

Tagging programme

Each fishing vessel participating in the exploratory fisheries referred to in Article 43 shall further implement a tagging programme as follows:

(a) Dissostichus spp. individuals shall be tagged and released at a rate of one individual per tonne of green weight catch throughout the season. Vessels shall only discontinue tagging after they have tagged 500 individuals, or leave the fishery having tagged one individual per tonne of green weight caught;

(b) the programme should target small individuals under 100 cm, although larger individuals should be tagged if necessary in order to meet the tagging requirement of one individual per one tonne of green weight catch. All released individuals should be double-tagged and releases should cover as broad a geographical area as possible;

(c) all tags shall be clearly imprinted with a unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual;

(d) all relevant tag data and any tag recaptures of Dissostichus spp. in the fishery shall be reported in computer readable form to CCAMLR within two months of the vessel departing these fisheries.

Article 50

Scientific observers

Each fishing vessel participating in the exploratory fisheries referred to in Article 43 shall have at least two scientific observers, one of which shall be an observer appointed in accordance with the CCAMLR Scheme of International Scientific Observation, on board throughout all fishing activities within the fishing period.

CHAPTER VIII

FINAL PROVISIONS

Article 51

Data transmission

Pursuant to Regulation (EEC) No 2847/93, data relating to the landing of quantities of stocks caught shall be sent by Member States to the Commission in computer readable form by using stock codes set out in each table of stock.

Article 52

Quotas for new Member States

The catches by vessels from the new Member States between 1 January 2004 and the date of accession shall be counted against the quotas laid down in Annex I.

Within 15 days after the date of accession the new Member States shall notify the Commission of the amount of their catches between 1 January 2004 and the date of accession.

Article 53

Entry into force

This Regulation shall enter into force on 1 January 2004.

Where the TACs of the CCAMLR area are set for periods starting before 1 January 2004, Article 42 shall apply with effect from the beginning of the respective periods of application of the TACs.

The provisions of point 12 of Annex IV shall enter into force on 1 February 2004 except points 12.3 and 12.7, second point that shall enter into force on 1 January 2004.

Articles 13 and 14 shall not apply to Estonia, Latvia, Lithuania and Poland from the date of accession of these States.

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

Done at Brussels, 19 December 2003.

For the Council

The President

Giovanni Alemanno

(1) OJ L 236, 23.9.2003, p. 1.

(2) OJ L 358, 31.12.2002, p. 59.

(3) OJ L 6, 10.1.1998, p. 1. Regulation as repealed by Regulation (EC) No 2742/1999 (OJ L 341, 31.12.1999, p. 1).

(4) OJ L 115, 9.5.1996, p. 3.

(5) OJ L 226, 29.8.1980, p. 48.

(6) OJ L 226, 29.8.1980, p. 12.

(7) OJ L 29, 1.2.1985, p. 9.

(8) OJ L 161, 2.7.1993, p. 1.

(9) OJ L 332, 20.12.1996, p. 1.

(10) OJ L 332, 20.12.1996, p. 6.

(11) OJ L 332, 20.12.1996, p. 16.

(12) OJ L 132, 21.5.1987, p. 9.

(13) OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Commission Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001, p. 23).

(14) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

(15) OJ L 171, 6.7.1994, p. 1. Regulation as last amended by Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).

(16) OJ L 171, 6.7.1994, p. 7.

(17) OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) No 1520/98 (OJ L 201, 17.7.1998, p. 1).

(18) OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).

(19) OJ L 191, 7.7.1998, p. 10.

(20) 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).

(21) OJ L 266, 1.10.1998, p. 27. Regulation as amended by Commission Regulation (EC) No 839/2002 (OJ L 134, 22.5.2002, p. 5).

ANNEX I

FISHING OPPORTUNITIES APPLICABLE FOR COMMUNITY VESSELS IN AREAS WHERE CATCH LIMITATIONS EXIST AND FOR VESSELS FROM THIRD COUNTRIES IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)

All catch limitations set out in this Annex are considered as quotas for the purposes of Article 9, and shall, therefore, be subject to the rules set out in Regulation (EC) No 2847/93, in particular Articles 14 and 15 thereof.

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ANNEX IA

BALTIC SEA

All TACs in this area, except for plaice, are adopted in the framework of IBSFC.

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Footnotes 3, 4 and 5 shall apply until the date of accession of the new Member States.

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Footnotes 2, 3, 4, 5, 6, 7 and 8 shall apply until the date of accession of the new Member States.

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Footnote 2, 3, 4 and 5 shall apply until the date of accession of the new Member States.

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Footnote 2 shall apply until the date of accession of the new Member States.

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Footnotes 3, 4, 5, 6 and 7 shall apply until the date of accession of the new Member States.

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Footnote 3 shall apply until the date of accession of the new Member States.

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Footnotes 2, 3, 4, 5 and 6 shall apply until the date of accession of the new Member States.

ANNEX IB

SKAGERRAK, KATTEGAT, NORTH SEA AND WESTERN COMMUNITY WATERS

ICES areas Vb (EC waters), VI, VII, VIII, IX, X, CECAF (EC waters), and French Guyana

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in division

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified.

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

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Special conditions:

Any part of the abovementioned quotas may be fished in ICES Division Vb (EC waters), sub-areas VI, VII, XII and XIV.

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified, and only during the periods 1 January to 15 February and 1 October to 31 December.

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Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified.

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ANNEX IC

NORTH EAST ATLANTIC AND GREENLAND ICES

areas I, II, IIIa, IV, V, XII, XIV and NAFO 0, 1 (Greenland waters)

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ANNEX ID

NORTH WEST ATLANTIC

Area of NAFO

All TACs and associate conditions are adopted in the framework of NAFO.

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ANNEX IE

HIGHLY MIGRATORY FISH

All Areas

TACS in this area are adopted in the framework of international fisheries organisations on tuna fisheries, such as ICCAT and IATTC.

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ANNEX IF

ANTARCTIC

Area of CCAMLR

These TACs, adopted by CCAMLR, are not allocated to the members of CCAMLR and hence the Community share is undetermined. Catches are monitored by the Secretariat of CCAMLR, who will communicate when fishing must cease due to TAC exhaustion.

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Special conditions:

Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the sub-areas specified:

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Special conditions:

Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the areas specified

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ANNEX II

FISHING OPPORTUNITIES APPLICABLE IN 2004 FOR HERRING TO BE LANDED UNSORTED FOR PURPOSES OTHER THAN HUMAN CONSUMPTION (IN TONNES, LIVE WEIGHT)

All catch limitations set out in this Annex are considered as quotas for the purposes of Article 3 and shall, therefore, be subject to the rules set out in Regulation (EC) No 2847/93, in particular Articles 14 and 15 thereof.

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ANNEX III

SPECIAL MEASURES CONCERNING NORTH SEA HERRING

1. Member States shall adopt special measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations, in particular those set out in Annex II. These measures shall include, in particular:

- special control and inspection programmes;

- fishing effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorised vessels;

- control of trans-shipment and of practices which incur discarding;

- where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur.

2. In the case of landings of herring unsorted from the remainder of the catch, Member States shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by catches of herring. It shall be prohibited to land catches of fish containing unsorted herring in harbours where these sampling programmes are not in place.

3. Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of points 1 and 2, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the special measures mentioned in point 1.

4. The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in points 1 and 2 does not achieve a strict control of fishing mortality of herring in all fisheries.

5. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I.

6. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board towed nets of mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II. Herring landed by vessels operating within these conditions shall not be offered for sale for human consumption.

ANNEX IV

TRANSITIONAL TECHNICAL MEASURES

1. Type of gear authorised for cod fishery in the Baltic Sea

1.1. Towed nets

1.1.1. Without exit windows

Towed nets without an exit window shall be prohibited.

1.1.2. With exit windows

By way of derogation from the provisions of special selectivity devices in Annex V to Regulation (EC) No 88/98, the provisions in Appendix 1 to this Annex shall apply.

1.2. Gillnets

By way of derogation from the provisions of Annex IV to Regulation (EC) No 88/98, the minimum mesh size for gillnets shall be 110 mm.

The nets shall not exceed a maximum length of 12 km for vessels with an overall length of up to and including 12 m.

The nets shall not exceed a maximum length of 24 km for vessels with an overall length of more than 12 m.

The soaking time of the nets shall not exceed 48 hours counting from the time the nets are first put in the water to the time when the nets are fully recovered on board the fishing vessel.

2. By-catch of cod in the Baltic Sea

By way of derogation from the provisions of Article 3(4) of Regulation (EC) No 88/98, no undersized cod may be kept on board. However, by way of derogation from the provisions of Article 3(5) of that Regulation, the by-catch of cod taken when fishing for herring and sprat with mesh sizes of 32 mm or smaller shall not exceed 3 % by weight. Of this by-catch, no more than 5 % of undersized cod shall be kept on board.

By-catches of cod may not exceed 10 % when fishing for other species than herring and sprat with trawls and Danish seines other than those referred to in point 1.1.2.

3. Minimum size for cod

By way of derogation from the provisions laid down in Annex III to Regulation (EC) No 88/98, the minimum size for cod shall be 38 cm.

4. Summer ban for Baltic cod

Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Sound from 1 June to 31 August 2004 inclusive.

5. Closure of Bornholm Deep

Fishing shall be prohibited from 15 May to 31 August 2004 in the Bornholm Deep, in the maritime area defined by the lines connecting the following coordinates:

- latitude 55°30'N, longitude 15°30'E.

- latitude 55°30'N, longitude 16°30'E.

- latitude 55°00'N, longitude 16°30'E.

- latitude 55°00'N, longitude 16°00'E.

- latitude 55°15'N, longitude 16°00'E.

- latitude 55°15'N, longitude 15°30'E.

- latitude 55°30'N, longitude 15°30'E.

6. Technical conservation measures in the Skagerrak and in the Kattegat

Notwithstanding the conditions set out in Annex IV of Regulation (EC) No 850/98, the following rules shall apply in 2004:

(a) A mesh size of 35 mm shall apply when fishing for prawns (Pandalus borealis);

(b) A mesh size of 30 mm shall be used when fishing for argentine (Argentina spp.);

(c) When fishing for whiting with a mesh size of 70 to 89 mm, the by-catches shall not exceed 30 % for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, megrim, dab, saithe and lobster;

(d) When fishing for Norway lobster with a mesh size of 70 to 89 mm, the by-catches should not exceed 60 % for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, megrim, whiting, dab, saithe and lobster;

(e) When fishing for prawns (Pandalus borealis) with a mesh size of 35 to 69 mm, the by-catches should not exceed 50 % for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, herring, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster;

(f) In all fisheries other than those covered in (c), (d) and (e), using a mesh size below 90 mm, the by-catches should not exceed 10 % for the following species: cod, haddock, hake, plaice, witch, lemon sole, turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.

7. Rockall Haddock box

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8. Fishing for herring in area IIa (EC waters)

Fishing with towed gear of a mesh size less than 54 mm or with purse seines in area IIa (EC waters) is allowed only between 1 March and 15 May.

9. Technical conservation measures in the Mediterranean

The fisheries currently operating under the derogations, provided for in Article 3(1) and (1a) and Article 6(1) and (1a) of Regulation (EC) No 1626/94, may temporarily continue their activity in 2004.

10. Closure of an area for sandeel fisheries

It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east coast of England and Scotland, and a line sequentially joining the following coordinates:

- the east coast of England at latitude 55°30'N,

- latitude 55°30'N, longitude 1°00'W,

- latitude 58°00'N, longitude 1°00'W,

- latitude 58°00'N, longitude 2°00'W,

- the east coast of Scotland at longitude 2°00'W,

However, a limited fishery will be allowed in order to monitor the sandeel stock in the area and the effects of the closure.

11. Specific provisions for the Gulf of Riga

11.1. Special fishing permit

1. In order to exercise fishing activities in the Gulf of Riga vessels shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

2. Member States shall ensure that vessels to which a special fishing permit referred to in paragraph 1 has been issued are included in a list containing their name and internal registration number to be provided to the Commission by each Member State.

Vessels included in the list shall satisfy the following conditions:

(a) the total engine power (kW) of the vessels within the lists must not exceed that observed for each Member State in the years 2000-2001 in the Gulf of Riga;

(b) the engine power of a vessel must not exceed 221 kilowatts (kW) at any time.

11.2. Replacement of vessels or engines

1. Any individual vessel on the list referred to in point 11.1.2 may be replaced by another vessel or vessels, provided that:

(a) such replacement will not lead to an increase in the total engine power as indicated in point 11.1.2 (a) in the Member State concerned; and

(b) the engine power of any replacement vessel does not exceed 221 kW at any time.

2. An engine of any individual vessel included in the list referred to in point 11.1.2 may be replaced, provided that:

(a) the replacement of an engine does not lead to the vessel's engine power exceeding 221 kW at any time; and

(b) the power of the replacement engine is not such that replacement will lead to an increase in the total engine power as indicated in point 11.1.2 (a) for the Member State concerned.

12. Weighing procedures for herring, mackerel and horse mackerel

12.1. The following procedures shall apply to landings in the European Community by Community and third country vessels of quantities per landing exceeding 10 tonnes of herring, mackerel, and horse mackerel, or a combination thereof, taken in:

for herring, ICES Sub-areas I, II and Divisions III a North, IV, Vb, VI and VII b, c, d,

for mackerel and horse mackerel, in ICES Sub-area IIa and Divisions III a, b, d, IV, VI and VII.

12.2. Landings referred to in point 12.1 are only permitted in designated ports.

12.3. Each Member State concerned shall transmit to the Commission before 15 January 2004 the list of designated ports in which landings of herring, mackerel and horse mackerel may take place and, within 30 days thereafter, inspection and surveillance procedures for those ports including the terms and conditions for recording and reporting the quantities of any of the species and stocks referred to in point 12.1 within each landing. The Commission shall transmit this information as well as ports designated by third countries to all Member States concerned.

12.4. The master of a fishing vessel referred to in point 12.1 shall inform the competent authorities of the Member State in which the landing is to be made, at least four hours in advance of entry to port of landing of the Member State concerned, of:

(a) the port he intends to enter;

(b) the estimated time of arrival at that port;

The competent authorities of the Member State concerned shall require that the discharge does not commence until authorised to do so.

12.5. By way of derogation from the provisions of point 4.2 of Annex IV to Regulation (EEC) No 2807/83 the master of a fishing vessel shall submit, immediately upon arrival to port, the relevant page or pages of the logbook as demanded by the competent authority at the port of landing.

The quantities retained on board, notified prior to landing as referred to in point 12.4(c), shall be equal to the quantities recorded in the logbook after its completion.

By way of derogation from the provisions of Article 5(2) of Regulation (EEC) No 2807/83 the permitted margin of tolerance in estimates recorded into the logbook of the quantities in kilograms of fish retained on board of vessels shall be 7 %.

12.6. All buyers purchasing fresh fish shall weigh all quantities received. The weighing shall be carried out prior to the fish being sorted, processed, held in cold storage, transported from the port of landing or resold.

When determining the weight any deduction for water shall not exceed 2 %.

In addition to the obligations set out in Article 9(1) and (2) of Regulation (EC) No 2847/93 the processor or buyer of the quantities landed shall submit to the competent authorities of the Member State concerned a copy of the invoice or a document replacing it, as referred to in Article 22(3) of the sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment(1). Any such invoice or document shall include the information required by the provisions of Article 9(3) of Regulation (EC) No 2847/93 and shall be submitted on demand or within 48 hours of the completion on the weighing.

12.7. All buyers or holders of frozen fish shall weigh the quantities landed prior to the fish being processed, held in cold storage, transported from the port of landing or resold. Any tare weight equal to the weight of boxes, plastic or other containers in which the fish to be weighed is packed may be deducted from the weight of any quantities landed.

Alternatively, the weight of frozen fish packed in boxes may be determined by multiplying the average weight of a representative sample based on weighing the contents removed from the box and without plastic packaging whether or not after the thawing of any ice on the surface of the fish. Member States shall notify before 31 January 2004 their sampling methodology, which shall be approved by the Commission.

12.8. The competent authorities of a Member State shall ensure that the fish is weighed in the presence of a controller.

13. Restrictions on fishing for Cod in West of Scotland

Until 31 December 2004, it shall be prohibited to conduct any fishing activity within the area enclosed by sequentially joining with straight lines the following geographical coordinates:

59°05'N, 06°45'W

59°30'N, 06°00'W

59°40'N, 05°00'W

60°00'N, 04°00'W

59°30'N, 04°00'W

59°05'N, 06°45'W.

14. Mesh size ranges, target species and required catch percentages applicable to the use of a single mesh size range in towed gears in the Skagerrak and the Kattegat

By way of derogation from the provisions of towed gears in Skagerrak and Kattegat as laid down in Annex IV to Regulation (EC) No 850/98, the provisions in Appendix 2 to this Annex shall apply from 1 March 2004.

15. Purse seines in the Eastern Pacific Ocean (Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC))

The fishing by purse-seine vessels for Yellowfin Tuna (Thunnus albacares), Bigeye Tuna (Thunnus obesus) and Skipjack Tunas (Katsuwonus pelamis) shall be prohibited from 1 August to 11 September 2004, in the area defined by the following limits:

the Pacific coastlines of the Americas,

longitude 150° W,

latitude 40° N,

latitude 40° S.

As of the date of application of this Regulation purse seiners fishing for tuna in the Regulatory Area of the Inter-American Tropical Tuna Commission shall retain on board all the bigeye, skipjack and yellowfin tuna caught, except fish considered unfit for human consumption for reasons other than size. However, this provision shall not apply to the final set of a trip.

Purse seine vessels shall promptly release unharmed, to the extent practicable, all sea turtles, sharks, billfishes, rays, mahi-mahi and other non-target species. Fishermen are encouraged to develop, and use techniques, and equipment to facilitate the rapid and safe release of any such animals.

The following specific measures to encircled or entangled sea turtles shall apply:

whenever a sea turtle is sighted in the net, all reasonable efforts should be made to rescue the turtle before it becomes entangled in the net, including, if necessary, the deployment of a speedboat,

if a turtle is entangled in the net, net roll should stop as soon as the turtle comes out of the water and should not start again until the turtle has been disentangled and released,

if a turtle is brought on board a vessel, all appropriate methods to assist in the recovery of the turtle should be made before returning it to the water,

tuna-fishing vessels shall be prohibited from disposing of salt bags or any other type of plastic rubbish at sea.

16. Technical conservation measures in the Irish Sea

The technical conservation measures referred to in Articles 2, 3 and 4 of Regulation (EC) No 254/2002 shall temporarily apply in 2004.

17. Special Conditions for fishing for Haddock in the North Sea

(a) For the purposes of this point, "cod protection area" means that part of ICES Divisions IV included in the following ICES rectangles that lies further than 12 nautical miles from coastal baselines:

49E6, 48E6, 47E6, 46E6, 50E7, 49E7, 48E7, 50E8, 49E8, 51E9, 50E9, 49E9, 48E9, 47E9, 50F0, 49F0, 48F0, 47F0, 51F1, 50F1, 49F1, 50F2, 49F2, 46F3, 45F3, 45F4, 44F4, 43F5, 43F6, 43F7, 42F7, 38E9, 37E9, 37F0, 46E8, 45E8, 47E9, 46E9, 45E9, 44E9, 47F0, 46F0, 45F0, 44F0, 47F1, 46F1, 45F1, 44F1.

(b) Vessels to which a Member State has issued a special fishing permit for directed fishing for haddock in accordance with Article 7 of Regulation (EC) No 1627/94 shall comply with the following conditions:

(i) notify national authorities of the place and time at which any landing of fish will be made at least four hours before such a landing occurs unless landings are made within the periods specified by the Member State;

(ii) make such landings exclusively at ports that shall be designated by the flag Member State;

(iii) submit the relevant logbooksheet(s) to the national authorities prior to the commencement of the discharge of the catches retained on board;

(iv) not discharge any fish retained on board until permission to do so has been given by the relevant national authorities;

(v) retain on board no more than 5 % of cod as a proportion of the live weight of marine organisms on the vessel;

(vi) not trans-ship any fish at sea;

(vii) fish exclusively outside the cod protection area;

(viii) not transit within the cod protection area unless the fishing gear on board is securely lashed and stowed;

(ix) not to carry on board or deploy trawl gear of less than 100 mm mesh size.

(d) No special fishing permit shall be issued that is valid in the period of three months subsequent to the date of expiry of a previous special fishing permit held by the same vessel if any of the following events have ocurred in the period of validity of the permit:

(i) upon inspection by the national fisheries inspection service, the vessel is found to have more than 5 % of cod on board, measured in live weight as a percentage of all fish on board the vessel;

(ii) the vessel fails to provide a VMS report or, in the event of a failure of the VMS system, a manual position report or provides a false position report;

(iii) upon inspection of a landing by the national fisheries inspection service, the vessel is found to have landed or to have retained on board more than 10 % more fish of any species (in live weight) than the quantity of that species declared in the logbooksheet(s) submitted under paragraph 17(b)(iii);

(iv) the vessel is observed by a national fisheries inspection service to be trans-shipping to another vessel at sea;

(v) the vessel is observed by a national fisheries inspection service to be landing fish without having received the permission to do so referred to in paragraph 17(b)(iv);

(vi) the vessel is observed by a national fisheries inspection service to be within the cod protection area when its gear is not lashed and stowed;

(vii) upon inspection by a national fisheries inspection service, the vessel is found to be in contravention of the provisions of Council Regulation (EC) No 850/98;

(viii) the vessel is observed by a national fisheries inspection service to be discharging fish without having previously submitted the logbooksheet(s) as specified in paragraph 17(b)(iii).

(1) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2003/92/EC (OJ L 260, 11.10.2003, p. 8).

Appendix 1 to Annex IV

Specifications of top window codend "BACOMA"

Specification of 110 mm, measured as inner diameter opening, square mesh window in a codend with a 105 mm or larger mesh size in trawls, Danish seines or similar towed nets.

The window shall be a rectangular section of netting in the codend. There shall be only one window. The window shall not be obstructed in any way by either internal or external attachments.

Size of the codend, extension piece and the rear end of the trawl

The codend shall be constructed of two panels of equal size, joined together by selvedges one on each side.

The carrying on board of a net having more than 100 open diamond meshes in any circumference of the codend, excluding the joining or the selvedges shall be prohibited.

The number of open diamond meshes, excluding those in the selvedges, at any point on any circumference of any extension or lengthening piece shall not be less or more than the maximum number of meshes on the circumference of the front end of the codend stricto sensu and the rear end of the tapered section of the trawl excluding meshes in the selvedges (Figure 1).

Location of the window

The window shall be inserted into the top panel of the codend. The window shall terminate not more than 4 meshes from the codline, inclusive of the hand braided row of meshes through which the codline is passed (Figure 2).

Size of the window

The width of the window, expressed in number of mesh bars, shall be equal to the number of open diamond meshes in the top panel divided by two. If necessary, it will be allowed to maintain at the most 20 % of the number of open diamond meshes in the top panel divided evenly on the both sides of the window panel (Figure 3).

Length of the window shall be at least 3,5 metres.

The netting of the window

The meshes shall have a minimum mesh opening of 110 millimetres. The meshes shall be square meshes i.e. all four sides of the window netting will be cut all bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend. The netting shall be knotless braided single twine or a netting with similar proven selective properties. The diameter of the single yarn shall be at least 4,9 millimetres.

Other specification

The mounting specifications are defined in Figures 4a, 4b and 4c. The length of the lifting strap shall not be less than 4 m.

Figure 1

>PIC FILE= "L_2003344EN.008201.TIF">

Trawl gear can be divided into three different sections according to shape and function. The trawl body is always a tapered section often between 10 and 40 m long. The extension piece is an untapered section normally manufactured of either one or two pieces of 49,5 mesh long nets giving a stretched length between 6 or 12 m. The codend is also an untapered section often made of double twine in order to have a better resistance against heavy wearing. The codend length is often 49,5 meshes i.e. circa 6 metres although shorter codends (2-4) exists in smaller vessels. The part below the lifting strap is called a lifting bag.

Figure 2

>PIC FILE= "L_2003344EN.008202.TIF">

The distance of the window panel from the codline is 4 meshes. There are 3,5 diamond meshes in the upper panel and one 0,5 mesh deep hand-braided "codline" row.

Figure 3

>PIC FILE= "L_2003344EN.008301.TIF">

Twenty percent of diamond meshes in the upper panel along a perpendicular row running from one selvedge to another may be maintained. For example (as in Figure 3) if the upper panel were 30 open meshes wide, 20 % of that would be 6 meshes. Then three open meshes are divided on both sides of the window panel. Consequently the width of the window panel then becomes 12 mesh bars (30 - 6 = 24 diamond meshes divided by two is 12 mesh bars).

Figure 4a

>PIC FILE= "L_2003344EN.008401.TIF">

Showing the construction of lower panel made of 49,5 meshes deep netting

Figure 4b

>PIC FILE= "L_2003344EN.008501.TIF">

The construction of upper panel, size and position of the window panel in case when the escape panel runs from selvedge to selvedge

Figure 4c

>PIC FILE= "L_2003344EN.008601.TIF">

The construction of upper panel in case 20 % of diamond meshes in the upper panel are maintained and equally divided on both sides of the window.

Appendix 2 to Annex IV

Towed gears: Skagerrak and Kattegat

Mesh size ranges, target species and required catch percentages applicable to the use of a single mesh size range

>TABLE>

ANNEX V

INTERIM FISHING EFFORT LIMITATION AND ADDITIONAL CONDITIONS FOR MONITORING, INSPECTION AND SURVEILLANCE IN THE CONTEXT OF CERTAIN FISH STOCKS RECOVERY

General provisions

1. The conditions laid down in this Annex shall apply to Community fishing vessels of length overall equal to or greater than 10 metres.

2. For the purposes of this Annex, the following geographical area shall apply:

(a) Kattegat (ICES Division IIIa south),

Skagerrak and North Sea (ICES Divisions IVa,b,c, IIIa north and IIa EC),

West of Scotland (ICES Division VIa),

Eastern Channel (ICES Divisions VIId), and

Irish Sea (ICES Division VIIa).

(b) For vessels notified to the Commission as being equipped with appropriate vessel monitoring systems, the following definition for the area West of Scotland, ICES Division VIa shall apply:

ICES Division VIa excluding that part which lies to the west of a line drawn by sequentially joining with straight lines the following geographical coordinates:

60°00'N, 04°00'W

59°45'N, 05°00'W

59°30'N, 06°00'W

59°00'N, 07°00'W

58°30'N, 08°00'W

58°00'N, 08°00'W

58°00'N, 08°30'W

56°00'N, 08°30'W

56°00'N, 09°00'W

55°00'N, 09°00'W

55°00'N, 10°00'W

54°30'N, 10°00'W.

3. For the purposes of this Annex, a day present within the area and absent from port shall be:

(a) the 24-hour period between 00:00 Hrs of a calendar day and 24:00 Hrs of the same calendar day or any part of such a period during which a vessel is present within either of the areas defined in point 2 and absent from port; or

(b) any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within either of the areas defined in point 2 and absent from port or any part of any such time period.

A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under subpoint (b) shall notify the Commission of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in subpoint (b).

4. For the purpose of this Annex, the following groupings of fishing gears shall apply:

(a) demersal trawls, seines or similar towed gears of mesh size equal to or greater than 100 mm except beam trawls;

(b) beam trawls of mesh size equal to or greater than 80 mm;

(d) demersal longlines;

(e) demersal trawls, seines or similar towed gears of mesh size between 70 mm and 99 mm except beam trawls with mesh size between 80 mm and 99 mm;

(f) demersal trawls, seines or similar towed gears of mesh size between 16 mm and 31 mm except beam trawls.

Fishing effort

5. Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 4, fishing vessels flying its flag and registered in the Community shall be present within the area and absent from port for no more than the number of days specified in point 6.

6. (a) The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I.

Table I - Maximum days present within the area and absent from port by fishing gear

>TABLE>

(b) A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months. Member States shall notify the Commission of their intention to aggregate management periods before the beginning of any aggregated period.

(c) An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of the achieved results of decommissioning programmes that have taken place since 1 January 2002.

Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of their completed decommissioning programmes.

On the basis of such a request the Commission, following consultation with Member States, may amend the number of days defined in point (a) for that Member State.

(d) Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II.

Member States wishing to allocate these additional days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the additional days are to be granted.

Table II - Derogations from days present within the area and absent from port in Table I and associated conditions

>TABLE>

If this higher allocation of days is given to a vessel, as a result of its low percentage track record of catch of certain species, that vessel shall not at any time retain more than the percentage of those species on board as shown in Table II. When this condition is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.

(e) Upon the request of a Member State the Commission may allocate a derogation under the first line in Table II in respect of the saithe fishery without the requirement for a track record in previous years of fishing with less than 5 % by catch. Along with its request the Member State shall submit details of the vessels that would benefit, with evidence of their quota holding and planned activity. The request shall be submitted to the Commission at least four weeks before the beginning of the first management period in which the days are to be allocated.

Any vessel allocated extra days under this provision may not at any time retain on board more than 5 % of each of the following species: cod, sole and plaice.

Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above requirement. Any vessel found to be not complying with the requirement shall with immediate effect no longer be entitled to the additional days.

(f) In recognition of the area closure in the Irish Sea for the protection of spawning fish and the assumed reduction in fishing mortality on cod, an additional two days will be available for vessels in groupings of fishing gears 4a and 4b which spend more than half of their allocated days in a given management period fishing in the Irish Sea (ICES Division VIIa).

7. Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel will not be entitled to fish within the areas defined in point 2.

Where the master of a vessel or his representative notifies the use of two of the groupings of fishing gears defined under point 4, the total number of days available during the forthcoming management period shall be no more than half the sum of the days to which the vessel is eligible for each gear, rounded down to the nearest whole day. It shall not be permitted to deploy either of the gears concerned for more days than the number of days laid down for that gear in Table I.

The option to use two gears shall only be available if the following additional monitoring arrangements are met:

- During a given trip the fishing vessel may carry on board only one fishing gear;

- Before any trip the master of a vessel or his representative shall give prior notice to the competent authorities of the type of fishing gear that is to be carried on board.

Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above two requirements. Any vessel found to be not complying with these requirements shall with immediate effect no longer be permitted to use two groupings of fishing gears.

8. A vessel which is present within any of the areas defined in point 2 and carrying on board any one of the fishing gears referred to in point 4 may not simultaneously carry on board any of the other gears referred to in point 4.

9. (a) In any given management period a vessel that has used the number of days present within the area and absent from port to which it is eligible shall remain in port or out of any area referred to in point 2 for the remainder of the management period.

(b) In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies the Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.

10. (a) A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port to which it is eligible to another of its vessels for the same management period and within the same area provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel multiplied by the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register.

(b) The total number of days present within the area and absent from port transferred under sub-point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel.

(c) The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping and area categories referred to in point 6(a) and during the same management period.

(d) No transfer of days from vessels benefiting from the allocation referred to in points 6(d), 6(e) and 7 is permitted.

(e) On request from the Commission, Member States shall provide reports on the transfers that have taken place.

11. A vessel with no track record of fishing in one of the areas defined in point 2 is allowed to transit across these areas provided that it has first notified its authorities of its intention to do so. While that vessel is within any of the areas defined in point 2 any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

12. A Member State shall not permit fishing with any of the gears defined in point 4 in any area defined in point 2 by any of its vessels which have no record of such fishing activity in the years 2001, 2002 or 2003 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

Monitoring, inspection and surveillance

13. Notwithstanding Article 19a of Regulation (EEC) No 2847/93, Articles 19b, 19c, 19d, 19e and 19j of that Regulation shall apply to vessels deploying the fishing gears defined in point 4 and operating in the areas defined in point 2.

14. Member States may implement alternative control measures to ensure compliance with reporting obligations referred in point 13 of this Annex which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.

15. The master of a fishing vessel, or his representative, prior to any entry to port of a Member State after having been present in an area referred to in Table III with more than the quantities of any species indicated on that table, shall inform, at least four hours in advance of such entry, the competent authorities of that Member State of:

- the name of the port,

- the estimated time of arrival at that port,

- the quantities in kilograms live weight for each species of which more than 50 kg is retained on board.

16. The competent authorities of a Member State in which a landing requiring pre-notification is to be made may require that the discharge does not commence until authorised by those authorities.

Table III - Landing quantities in tonnes by area and species above which special condition apply

>TABLE>

- Prior Notification as referred to in point 16.

- Designated Port as referred to in point 17.

17. It is not permitted to land in excess of the quantities of any species referred to in Table III (under the DP heading) for a fishing vessel having been in the area defined in the table outside a designated port.

Each Member State shall transmit to the Commission within 15 days of the date of entry into force of this Regulation the list of designated ports and, within 30 days thereafter, inspection and surveillance procedures including, for those ports, the terms and conditions for recording and reporting the quantities of any of the species and stocks referred to in Article 12 of this Regulation within each landing. The Commission shall transmit this information to all Member States.

18. By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish(1), the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 13 shall be 8 % of the logbook figure.

19. It shall be prohibited to retain on board a fishing vessel in any container any quantity of cod mixed with any other species of marine organism. Containers with cod shall be stowed in the hold in such a way that they are kept separate from other containers.

20. The competent authorities of a Member State may require that any quantity of cod caught in any of the areas specified in point 2 and first landed in that Member State is weighed in the presence of controllers before being transported from the port of first landing. For cod first landed in a port designated under point 17, representative samples, amounting to at least 20 % of the landings, shall be weighed in the presence of controllers authorised by the Member States before they are offered for first sale and sold. To this end, the Member States shall submit to the Commission, within one month of the date of entry into force of this Regulation, details of the sampling regime to be employed.

21. By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50 kg of any species referred to in Article 12 of this Regulation which are transported to a place other than that of landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of Regulation (EEC) No 2847/93 pertaining to the quantities of these species transported. The exemption provided for in Article 13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.

22. By way of derogation from Article 34(c)(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for any of the stocks referred to in Article 12 may last more than two years from their date of entry into force.

(1) OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Commission Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001, p. 23).

ANNEX VI

FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN THE NORTH SEA AND THE SKAGERRAK

1. From 1 January to 31 December 2004, the conditions laid down in this Annex shall apply to Community fishing vessels fishing in the North Sea and the Skagerrak with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm.

2. For the purposes of this Annex a day absent from port shall be:

(a) the 24-hour period between 00:00 Hrs of a calendar day and 24:00 Hrs of the same calendar day or any part of such a period or;

(b) any continuous period of 24 hours as recorded in the EC logbook between the date and time of departure and the date and time of arrival or any part of any such time period.

3. Each Member State shall not later than 1 March 2004 establish a data base containing for the North Sea and Skagerrak, for each of the years 2001, 2002 and 2003 and for each vessel flying its flag or registered within the Community which have been fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm, the following information:

(a) the name and internal registration number of the vessel;

(b) the installed engine power of the vessel in kilowatts measured in accordance with Article 5 of Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels(1);

(c) the number of days absent from port when fishing with demersal trawl, seine or similar towed gear with a mesh size of less than 16 mm;

(d) the kilowatt-days as the product of the number of days absent from port and the installed engine power in kilowatts.

4. The following quantities shall be calculated by each Member State:

(a) the total kilowatt-days for each year as the sum of the kilowatt-days calculated in paragraph 3(d);

(b) the average kilowatt-days for the period 2001 to 2003.

5. Each Member State shall ensure that the number of kilowatt-days in 2004 for vessels flying its flag or registered in the Community does not exceed the number in 2003 as calculated in point 4(a).

6. The maximum number of kilowatt-days referred to in point 5 shall be revised by the Commission as early as possible and not later than 15 June 2004, based on advice from the Scientific Technical and Economic Committee for Fisheries (STECF) on the size of the 2003 year class of North Sea sandeel, in accordance with the following rules:

(a) where STECF estimates the size of the 2003 year class of North Sea sandeel to be at or above 500000 million individuals at age 0, no restrictions in kilowatt-days shall apply for the remaining of 2004;

(b) where STECF estimates the size of the 2003 year class of North Sea sandeel to be between 300000 million and 500000 million individuals at age 0, the number of kilowatt-days shall not exceed the level in 2003 as calculated in point 4(a);

(c) where STECF estimates the size of the 2003 year class of North Sea sandeel to be below 300000 million individuals at age 0, fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited for the remaining of 2004. However, a limited fishery will be allowed in order to monitor the sandeel stocks in the North Sea and the Skagerrak and the effects of the closure. To this end the Member States concerned shall in cooperation with the Commission develop a plan for the monitoring fishery.

(1) OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).

ANNEX VII

PART I

QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR COMMUNITY VESSELS FISHING IN THIRD COUNTRY WATERS

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PART II

QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR THIRD COUNTRY VESSELS IN COMMUNITY WATERS

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PART III

DECLARATION PURSUANT TO ARTICLE 15(2)

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ANNEX VIII

PART I

INFORMATION TO BE RECORDED IN THE LOGBOOK

When fishing within the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries, the following details are to be entered in the logbook immediately after the following events:

After each haul:

1.1. the quantity (in kilograms live-weight) of each species caught;

1.2. the date and the time of the haul;

1.3. the geographical position in which the catches were made;

1.4. the fishing method used.

After each trans-shipment to or from another vessel:

2.1. the indication "received from" or "transferred to";

2.2. the quantity (in kilograms live-weight) of each species trans-shipped;

2.3. the name, external identifications letters and numbers of the vessel to or from which the trans-shipment occurred.

2.4. trans-shipment of cod is not allowed.

After each landing in a port of the Community:

3.1. name of the port;

3.2. the quantity (in kilograms live-weight) of each species landed.

After each transmission of information to the Commission of the European Communities:

4.1. date and time of the transmission;

4.2. type of message: IN, OUT, ICES, WKL or 2 WKL;

4.3. in the case of radio transmission: name of the radio station.

PART II

LOGBOOK MODEL

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ANNEX IX

CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION

The information to be transmitted to the Commission of the European Communities and the timetable for its transmission are as follows:

1.1. On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries:

(a) the information specified under 1.5;

(b) the quantity (in kilograms) of each species of fish in the hold;

Where the fishing operations necessitate more than one entry into the zones referred to under 1.1 on a given day, one communication shall suffice on first entry.

1.2. On each occasion the vessel leaves the zone referred to under 1.1:

(a) the information specified under 1.5;

(b) the quantity (in kilograms live-weight) of each species of fish in the hold;

(d) the ICES division in which the catches were taken;

(e) the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the vessel entered the zone and the identification of the vessel to which the transfer was made;

(f) the quantity (in kilograms live-weight) of each species landed in a port of the Community since the vessel entered the zone.

Where the fishing operations necessitate more than one entry into the zones referred to under 1.1 on a given day, one single communication on the last exit will be sufficient.

1.3. At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1.1 when fishing for herring and mackerel, and at weekly intervals, commencing on the seventh day after the vessel first enters the zones referred to under 1.1 when fishing for all species other than herring and mackerel:

(a) the information specified under 1.5;

(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission;

1.4. On each occasion the vessel moves from one ICES division to another:

(a) the information specified under 1.5;

(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission;

1.5. (a) The name, call sign, external identification letters and numbers of the vessel and the name of its master;

(b) the licence number if the vessel is under licence;

(d) identification of the type of message;

(e) the date, the time and the geographical position of the vessel.

2.1. The information specified under point 1 shall be transmitted to the Commission of the European Communities in Brussels (telex 24189 FISEU-B) via one of the radio stations listed under point 3 below and in the form specified under point 4.

2.2. If it is impossible for reasons of force majeure for the message to be transmitted by the vessel, it may be transmitted on the vessel's behalf by another vessel.

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4. Form of the communications

The information specified under point 1 shall contain the following particulars, which shall be given in the following order:

- name of vessel;

- call sign;

- external identification letters and numbers;

- serial number of the message for the voyage in question;

- indication of the type of message according to the following code:

- message when entering one of the zones referred to under 1.1: "IN",

- message when leaving one of the zones referred to under 1.1: "OUT",

- message when moving from one ICES division to another: "ICES",

- weekly message: "WKL",

- three-day message: "2 WKL";

- the date, the time and the geographical position;

- the ICES divisions/sub-areas in which fishing is expected to commence;

- the date on which fishing is expected to commence;

- the quantity (in kilograms live-weight) of each species of fish in the hold using the code mentioned in point 5;

- the quantity (in kilograms live-weight) of each species of fish caught since the previous transmission using the code mentioned in point 5;

- the ICES divisions/sub-areas in which the catches were made;

- the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the previous transmission;

- the name and call sign of the vessel to and/or from which the transfer was made;

- the quantity (in kilograms live-weight) of each species landed in a port of the Community since the previous transmission;

- the name of the master.

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ANNEX X

LIST OF SPECIES

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ANNEX XI

AUTHORISED TOPSIDE CHAFERS

1. ICNAF-type topside chafer

The ICNAF-type topside chafer is a rectangular piece of netting to be attached to the upper side of the codend of the trawl net to reduce and prevent damage so long as such netting conforms to the following conditions:

(a) this netting shall have a mesh size not less than that specified for the codend in Article 10;

(b) this netting may be fastened to the codend only along the forward and lateral edges of the netting and at no other place in it, and shall be fastened in such a manner that it extends forward of the splitting strap no more than four meshes and ends not less than four meshes in front of the cod line mesh; where a splitting strap is not used, the netting shall not extend to more than one-third of the codend measured from not less than four meshes in front of the cod line mesh;

(c) the width of this netting shall be at least one and a half times the width of the area of the codend which is covered, such widths to be measured at right angles to the long axis of the codend.

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2. Multiple flap-type topside chafer

The multiple flap-type topside chafer is defined as pieces of netting having in all their parts meshes the size of which, whether the pieces of netting are wet or dry, is not less than that of the codend, provided that:

(i) each piece of netting:

(a) is fastened by its forward edge only across the codened at right angles to its long axis;

(b) is of a width of at least the width of the codend (such width being measured at right angles to the long axis of the codend at the point of attachment); and

(ii) the aggregate length of all the pieces of netting so attached does not exceed two-thirds of the length of the codend.

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POLISH CHAFER

3. Large-mesh (modified Polish-type) topside chafer

The large-mesh topside chafer consists of a rectangular piece of netting made of the same twine material as the codend, or of a single, thick, knotless twine material, attached to the rear portion of the upper side of the codend and extending over all or any part of the upper side of the codend and having in all its parts a mesh size twice that of the codend when measured wet and fastened to the codend along the forward, lateral and rear edges only of the netting in such a way that each mesh of the netting coincides with four meshes of the codend.

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ANNEX XII

MINIMUM FISH SIZE((Fish size refers to fork length for Atlantic cod; whole length for other species.))

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ANNEX XIII

RECORDING OF CATCH (LOGBOOK ENTRIES)

FISHING LOGBOOK ENTRIES

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GEAR CODES

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FISHING VESSEL CODES

A. Main vessel types

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NEI = Not Elsewhere Identified

B. Main vessel activities

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ANNEX XIV

NAFO AREA

The list that follows is a partial list of stocks that needs to be reported in accordance with Article 30(2).

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ANNEX XV

PROHIBITION OF DIRECTED FISHING IN CCAMLR AREA

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ANNEX XVI

CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2003/04

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Miscellaneous information

Relationship between documents

Consolidated versions

Text

32003R2287

Title and reference

Text

Dates

Classifications