ANNEX I
The Annexes to Regulation (EC) No 51/2006 are amended as follows:
(1)
in Annex IA:
(a)
The entry concerning the species Basking shark in EC waters of zones IV, VI and VII is shall be deleted.
(b)
The entry concerning the species whiting in zones IIa (EC waters) and IV shall be replaced by the following:
‘Species:
whiting
Merlangius merlangus
Zone:
IIa (EC waters), IV
WHG/2AC4.
Belgium
594
Denmark
2 568
Precautionary TAC.
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Article 5(2) of Regulation (EC) No 847/96 applies.
Germany
668
France
3 860
The Netherlands
1 484
Sweden
3
United Kingdom
10 243
EC
19 420
( 1 )
Norway
2 380
( 2 )
TAC
23 800
Special conditions:
Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified.
Norwegian waters (WHG/*04N–)
EC
14 512 ’
(2)
in Annex IB:
(a)
The entry concerning the species Capelin in zone V, XIV (Greenland waters) shall be replaced by the following:
‘Species:
Capelin
Mallotus villosus
Zone:
V, XIV (Greenland waters)
CAP/514GRN
All Member States
0
EC
16 170
( 3 )
( 4 )
TAC
Not relevant
(b)
The entry concerning the species Redfish in zone Va (Icelandic waters) shall be replaced by the following:
‘Species:
Redfish
Sebastes spp.
Zone:
Va (Icelandic waters)
RED/05A-IS
Belgium
100
( 5 )
( 6 )
Germany
1 690
( 5 )
( 6 )
France
50
( 5 )
( 6 )
United Kingdom
1 160
( 5 )
( 6 )
EC
3 000
( 5 )
( 6 )
TAC
Not relevant
(3)
in Annex IIA:
(a)
Point 3 shall be replaced by the following:
‘3.
Definition of days present within an area
For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the geographical area defined in point 2 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.’;
(b)
Point 8.1.(i) shall be replaced by the following:
‘(i)
The vessel shall have been present in the area in the year 2003, 2004 or 2005 with fishing gear on board referred to in point 4.b. In 2006 the quantities of cod retained on board shall represent less than 5 % of the total landings of all species made by the vessel according to the landings in live weight recorded in the Community logbook. During a management period when a vessel is making use of this provision the vessel may not at any time carry on board fishing gear other than that specified in points 4.b.iii or 4.b.iv.’;
(c)
Point 13, Table I shall be replaced by the following:
‘TABLE I
Maximum days a vessel may be present in 2006 within an area by fishing gear
Areas as defined in point:
Gear group
Point 4
Special condition
Point 8
Denomination ( 1 )
2.1.a
Kattegat
2.1.b
1 — Skaggerak
2 — II, IVa,b,c
3 — VIId
2.1.c
VIIa
2.1.d
VIa
1
2
3
4.a.i
Trawls or Danish seines with mesh size ≥ 16 and < 32 mm
228 ( 2 )
228 ( 2 )
228
228
4.a.ii
Trawls or Danish seines with mesh size ≥ 70 and < 90 mm
n.r.
n.r.
227
227
227
4.a.iii
Trawls or Danish seines with mesh size ≥ 90 and < 100 mm
103
103
227
227
227
4.a.iv
Trawls or Danish seines with mesh size ≥ 100 and < 120 mm
103
103
114
91
4.a.v
Trawls or Danish seines with mesh size ≥ 120 mm
103
103
114
91
4.a.iii
8.1.a
Trawls or Danish seines with mesh size ≥ 90 and < 100 mm with a 120 mm square mesh window
137
137
227
227
227
4.a.iv
8.1.a
Trawls or Danish seines with mesh size ≥ 100 and < 120 mm with a 120 mm square mesh window
137
137
103
114
91
4.a.v
8.1.a
Trawls or Danish seines with mesh size ≥ 120 mm with a 120 mm square mesh window
137
137
103
114
91
4.a.v
8.1.j
Trawls or Danish seines with mesh size ≥ 120 mm with a 140 mm square mesh window
149
149
115
126
103
4.a.ii
8.1.b
Trawls or Danish seines with mesh size ≥ 70 and < 90 mm complying with the conditions laid down in Appendix 2
Unlimited
Unlimited
Unl.
Unl.
4.a.iii
8.1.b
Trawls or Danish seines with mesh size ≥ 90and < 100 mm complying with the conditions laid down in Appendix 2
Unlimited
Unlimited
Unl.
Unl.
4.a.iv
8.1.c
Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod
148
148
148
148
4.a.v
8.1.c
Trawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod
160
160
160
160
4.a.iv
8.1.k
Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice
n.r.
n.r.
166
n.r.
4.a.v
8.1.k
Trawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice
n.r.
n.r.
178
n.r.
4.a.v
8.1.h
Trawls or Danish seines with mesh size ≥ 120 mm operating under a system of automatic suspension of fishing licences
115
115
126
103
4.a.ii
8.1.d
Trawls or Danish seines with mesh size ≥ 70 and < 90 mm track records represent less than 5 % of cod, sole and plaice
280
280
280
280
4.a.iii
8.1.d
Trawls or Danish seines with mesh size ≥ 90 and < 100 mm track records represent less than 5 % of cod, sole and plaice
Unlimited
Unl.
280
280
280
4.a.iv
8.1.d
Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records represent less than 5 % of cod, sole and plaice
Unlimited
Unlimited
Unl.
Unl.
4.a.v
8.1.d
Trawls or Danish seines with mesh size > 120 mm track records represent less than 5 % of cod, sole and plaice
Unlimited
Unlimited
Unl.
Unl.
4.a.v
8.1.h
8.1.j
Trawls or Danish seines with mesh size > 120 mm with a 140 mm square mesh window and operating under a system of automatic suspension of fishing licenses
n.r.
n.r.
127
138
115
4.b.i
Beam trawls with mesh size ≥ 80 and < 90 mm
n.r.
143 ( 2 )
Unl.
143
143 ( 2 )
4.b.ii
Beam trawls with mesh size ≥ 90 and < 100 mm
n.r.
143 ( 2 )
Unl.
143
143 ( 2 )
4.b.iii
Beam trawls with mesh size ≥ 100 and < 120 mm
n.r.
143
Unl.
143
143
4.b.iv
Beam trawls with mesh size ≥ 120 mm
n.r.
143
Unl.
143
143
4.b.iii
8.1.c
Beam trawls with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod
n.r.
155
Unl.
155
155
4.b.iii
8.1.i
Beam trawls with mesh size ≥ 100 and < 120mm for vessels having used beam trawls in 2003, 2004 or 2005
n.r.
155
Unl.
155
155
4.b.iv
8.1.c
Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod
n.r.
155
Unl.
155
155
4.b.iv
8.1.i
Beam trawls with mesh size ≥ 120 mm for vessels having used beam in 2003, 2004 or 2005
n.r.
155
Unl.
155
155
4.b.iv
8.1.e
Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice
n.r.
155
Unl.
155
155
4.c.i
4.c.ii
4.c.iii
4.d
Gillnets and entangling nets with mesh sizes:
—
< 110 mm
—
≥ 110 mm and < 220 mm
—
≥ 220 mm
and trammel nets
140
140
140
140
4.c.iii
8.1.f
Gillnets and entangling nets with mesh size ≥ 220 mm track records shall represent less than 5 % of cod and more than 5 % of turbot and lumpsucker
162
140
162
140
140
140
4.d
8.1.g
Trammel nets with mesh size < 110 mm. The vessel shall be absent from the port no more than 24 h
140
140
205
140
140
4.e
Long-lines
173
173
173
173
n.r. means non relevant.’
(d)
Point 14.3 shall be replaced by the following:
‘14.3.
For the purposes of this Annex and referring to the areas defined in point 2 and the groupings of fishing gears defined in point 4, the following transfer groups shall be defined:
(a)
grouping of fishing gears 4.a.i within any area;
(b)
groupings of fishing gears 4.a.ii within any area and 4.a.iii in Area IV, Divisions IIa (EC waters) VIa, VIIa and VIId;
(c)
groupings of fishing gears 4.a.iii in Kattegat and Skagerak, 4.a.iv and 4.a.v within any area;
(d)
groupings of fishing gears 4.b.i, 4.b.ii, 4.b.iii, and 4.b.iv within any area;
(e)
groupings of fishing gears 4.c.i, 4.c.ii, 4.c.iii and 4.d within any area;
(f)
grouping of fishing gears 4.e within any area.’;
(e)
Point 14.6 shall be replaced by the following:
‘14.6.
On request from the Commission, Member States shall provide information on the transfers that have taken place. With the purpose of making this information available to the Commission, a detailed format of spreadsheet may be adopted, in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.’;
(f)
Point 17.2 shall be replaced by the following:
‘17.2.
Whenever the master of a vessel or his representative notifies the use of more than one of the groupings of fishing gears defined under point 4, the total number of days available during the year shall be no more than the arithmetic mean of the days corresponding to each gear grouping in accordance with Table I, rounded down to the nearest whole day.’;
(g)
the following points shall be inserted:
‘17.2.a.
If one of the gear groupings notified has no limitation in number of days, then the total number of days available during the year for this particular gear grouping shall remain unlimited.
17.2.b.
At any moment, a vessel may use one of the gear groupings notified, which have a limited number of days, subject to the condition that the total number of days spent fishing with whichever gear grouping since the beginning of the year shall be:
(a)
no more than the number of days available under point 17.2;
and
(b)
no more than the number of days that would be allocated if that gear was used in isolation in accordance with Table I.
17.2.c.
Whenever a Member State chooses to divide the days into management periods in accordance with point 9, the conditions of points 17.2, 17.2.a. and 17.2.b. shall apply mutatis mutandis for each future management period. If a Member State has chosen one management period of the duration of a year, the conditions of points 17.2.a. and 17.2.b. shall not apply.’;
(h)
Point 17.4 shall be replaced by the following:
‘17.4.
Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the requirements referred to in point 17.3. Any vessel found not to be complying with these requirements shall with immediate effect no longer be permitted to use more than one grouping of fishing gears.’;
(i)
Point 25 shall be replaced by the following:
‘25.
Communication of relevant data
25.1.
On request from the Commission, Members States shall make available to it a spreadsheet with the data referred to in point 24 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission.
25.2.
A new format of spreadsheet for making the data referred to in point 24 available to the Commission may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.’;
(4)
in Annex IIB:
(a)
Point 2 shall be replaced by the following:
‘2.
Definition of days present within an area
For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the geographical area defined in point 1 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.’;
(b)
Point 12.4 shall be replaced by the following:
‘12.4.
No transfer of days from vessels benefiting from the allocation referred to in point 7.1 shall be permitted.’;
(c)
Point 12.5 shall be replaced by the following:
‘12.5.
On request from the Commission, Member States shall provide information on the transfers that have taken place. Formats of spreadsheet for the collection and transmission of information referred to in the present point may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.’;
(d)
Point 20 shall be replaced by the following:
‘20.
Communication of relevant data
20.1.
On request of the Commission, Members States shall make available to the Commission a spreadsheet with the data referred to in point 19 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission.
20.2.
A new format of spreadsheet for making the data referred to in point 19 available to the Commission may be adopted in accordance with the procedure referred to laid down in Article 30(2) of Regulation (EC) No 2371/2002.’;
(5)
in Annex IIC:
(a)
Point 1 shall be replaced by the following:
‘1.
Scope
1.1.
The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres carrying on board any of the gears defined in point 3, and present in Division VIIe. For the purposes of this Annex, a reference to the year 2006 means the period from 1 February 2006 to 31 January 2007.
1.2.
Vessels fishing with static nets greater than 120 mm and with track records of less than 300 kg live weight of sole according to the EC logbook in 2004 shall be exempt from the provisions of this Annex on the conditions that:
(a)
such vessels catch less than 300 kg live weight of sole in 2006,
and
(b)
such vessels do not tranship any fish at sea to another vessel,
and
(c)
each Member State concerned submit a report to the Commission by 31 July 2006 and 31 January 2007 on these vessels' track records for sole in 2004 and catches of sole in 2006.
When either of these conditions is not met, the concerned vessels shall with immediate effect no longer be exempted from the provisions of this Annex.’;
(b)
Point 2 shall be replaced by the following:
‘2.
Definition of days present within an area
For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the Division VIIe and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.’;
(c)
Point 7 shall be replaced by the following:
‘7.
Maximum number of days
7.1.
The maximum number of days per year for which a vessel may be present within the area having carried on board and used any one of the fishing gears referred to in point 3 is shown in Table I.
7.2.
The number of days per year for which a vessel is present within the total area covered by this Annex and Annex IIA shall not exceed the number shown in Table I of this Annex. However the number of days in which the vessel is present in the areas covered in Annex IIA shall comply with the maximum number fixed in accordance with Annex IIA.’;
(d)
Point 11 shall be deleted;
(e)
Table I shall be replaced by the following:
‘TABLE I
Maximum number of days a vessel may be present within the area by fishing gear per year
Gear group point 3
Denomination ( 3 )
Western Channel
3.a
Beam trawls of mesh size ≥ 80 mm
216
3.b
Static nets with mesh size < 220 mm
216
(f)
Point 12.4 shall be replaced by the following:
‘12.4.
On request from the Commission, Member States shall provide reports on the transfers that have taken place. A detailed format of spreadsheet for making these reports available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.’;
(g)
Point 17 shall be replaced by the following:
‘17.
Fishing effort messages
Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the fishing gears defined in point 3 and operating in the area defined in point 1. Vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from these hailing requirements.’;
(h)
Point 28 shall be replaced by the following:
‘28.
Communication of relevant data
28.1.
On request of the Commission, Members States shall make available to it a spreadsheet with the data referred to in point 27 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission.
28.2.
A new format of spreadsheet may be adopted for the purpose of making the data referred to in point 27 available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.’;
(6)
In Annex IV, Part I shall be replaced by the following:
‘PART I Quantitative limitations of licences and fishing permits for Community vessels fishing in third country waters
Area of fishing
Fishery
Number of licences
Allocation of licences amongst Member States
Maximum number of vessels present at any time
Norwegian waters and fishery zone around Jan Mayen
Herring, North of 62° 00' N
77
DK: 26, DE: 5, FR: 1, IRL: 7, NL: 9, SW: 10, UK: 17, PL: 1
55
Demersal species, North of 62° 00' N
80
FR: 18, PT: 9, DE: 16, ES: 20, UK: 14, IRL: 1
50
Mackerel, South of 62° 00' N, purse seine fishery
11
DE: 1 ( 4 ) , DK: 26 ( 4 ) , FR: 2 ( 4 ) , NL: 1 ( 4 )
not relevant
Mackerel, South of 62° 00' N, trawl fishery
19
not relevant
Mackerel, North of 62° 00' N, purse seine fishery
11 ( 5 )
DK: 11
not relevant
Industrial species, South of 62° 00' N
480
DK: 450, UK: 30
150
Waters of the Faroe Islands
All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines
26
BE: 0, DE: 4, FR: 4, UK: 18
13
Directed fishing for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62° 28' N and east of 6° 30' W
8 ( 6 )
4
Trawling outside 21 miles from the Faroese baseline. In the periods 1 March to 31 May and 1 October to 31 December, these vessels may operate in the area between 61° 20' N and 62° 00' N and between 12 and 21 miles from the baselines.
70
BE: 0, DE: 10, FR: 40, UK: 20
26
Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61° 30' N and west of 9° 00' W and in the area between 7° 00' W and 9° 00' W south of 60° 30' N and in the area south-west of a line between 60° 30' N, 7° 00' W and 60° 00' N, 6° 00' W.
70
DE: 8 ( 7 ) , FR: 12 ( 7 ) , UK: 0 ( 7 )
20 ( 8 )
Directed trawl fishery for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend.
70
22 ( 8 )
Fisheries for blue whiting. The total number of licences may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called “main fishing area of blue whiting”
34
DE: 3, DK: 19, FR: 2, UK: 5, NL: 5
20
Line fishing
10
UK: 10
6
Fishing for mackerel
12
DK: 12
12
Herring fisheries north of 62° N
21
DE: 1, DK: 7, FR: 0, UK: 5, IRL: 2, NL: 3, SW: 3
21
Waters of the Russian Federation
All fisheries
pm
pm
Fisheries for cod
7 ( 9 )
pm
Fisheries for sprat
pm
pm
( 1 ) Excluding an estimated 2 000 tonnes of industrial by-catch.
( 2 ) May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.
( 3 ) Of which 16 170 tonnes are allocated to Iceland.
( 4 ) To be fished before 30 April 2006.’
( 5 ) Including unavoidable by-catches (cod not allowed).
( 6 ) To be fished between July and December.’
( 1 ) Only the denominations in points 4 and 8 are used.
( 2 ) Application of Regulation (EC) No 850/98 where restrictions exist.
( 3 ) Only the denominations in point 3.’
( 4 ) This allocation is valid for purse and trawl fisheries.
( 5 ) To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00' N.
( 6 ) Following the Agreed Record of 1999, the figures for the Directed fishing for cod and haddock are included in the figures for all trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines.
( 7 ) These figures refer to the maximum number of vessels present at any time.
( 8 ) These figures are included in the figures for “Trawling outside 21 miles from the Faroese baselines”.
( 9 ) Applies only to vessels flying the flag of Latvia.’
