30.6.2007 |
EN |
Official Journal of the European Union |
L 172/26 |
COUNCIL REGULATION (EC) No 754/2007
of 28 June 2007
amending Regulations (EC) No 1941/2006, (EC) No 2015/2006 and (EC) No 41/2007, as regards fishing opportunities and associated conditions for certain fish stocks
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 20 thereof,
Having regard to Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (2), and in particular Article 8 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
Council Regulation (EC) No 1941/2006 (3) fixes the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2007. |
(2) |
Regulation (EC) No 1941/2006 provides that the additional prohibited days to be allocated by Member States in certain subdivisions of the Baltic Sea are to be divided into periods of not less than five days. That provision should, however, not apply where the additional prohibited days are linked to one of the fixed closed periods provided for in that Regulation, as long as the total period of closed days is equal to or greater than five days. The allocation of the additional prohibited days should be clarified retroactively. |
(3) |
The provisions on designated ports should be clarified. |
(4) |
Drift lines should be excluded from the gear types subject to the fishing effort limits when this gear type is not used to catch cod. |
(5) |
Since it is not considered necessary to maintain the reference to Subdivision 27 as regards fishing effort limits in the Baltic Sea due to minimal catches of cod in this Subdivision, the reference to this Subdivision should be deleted. |
(6) |
Council Regulation (EC) No 2015/2006 (4) fixes for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks. |
(7) |
The descriptions of certain fishing zones in that Regulation should be clarified in order to ensure the correct identification of the area in which a quota can be fished. |
(8) |
Certain quotas and footnotes were inaccurately indicated in that Regulation for certain species and should be corrected. |
(9) |
Council Regulation (EC) No 41/2007 (5) fixes for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required. |
(10) |
Certain special provisions concerning landing or transhipment of frozen fish caught by third-country fishing vessels in the NEAFC Convention area should be clarified. |
(11) |
The title of Annex IA to Regulation (EC) No 41/2007 and certain descriptions of fishing zones should be clarified in order to ensure the correct identification of the area in which a quota can be fished. |
(12) |
The final catch limits for the fisheries on sandeel in ICES zones IIIa and IV and EC waters of ICES zone IIa shall be established on the basis of advice from the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF) and pursuant to point 8 of Annex IID to Regulation (EC) No 41/2007. Sandeel is a North Sea stock which is shared with Norway but which is currently not jointly managed. The final catch limits are in accordance with the Agreed Record of conclusions of fisheries consultations with Norway of 22 May 2007. |
(13) |
The conditions applying to the by-catch quota on skates and rays should be limited to quantities of more than 200 kg of these species. |
(14) |
The reference period relating to the quantification of the fishing efforts deployed by fleets benefiting from the allocation of additional days for the permanent cessation of fishing activities is wrongly indicated and should be corrected. |
(15) |
The coordinates indicating the area related to technical measures in the Irish Sea in Annex III are not correctly indicated and should be corrected. |
(16) |
The Western and Central Pacific Fisheries Commission at its third Annual Meeting on 11-15 December 2006 adopted measures to protect tuna resources and regulatory measures for swordfish in certain areas. Those measures should be implemented in Community law. |
(17) |
Pursuant to consultations between the Community, the Faroe Islands, Iceland, Norway and the Russian Federation on 18 January 2007, an agreement on fishing opportunities for the Atlanto-Scandian (Norwegian spring-spawning) herring stock in the north-east Atlantic was reached. According to that agreement, the number of Community licenses is to be raised from 77 to 93. The agreement should be implemented in Community law. |
(18) |
Regulations (EC) No 1941/2006, (EC) No 2015/2006 and (EC) No 41/2007 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 1941/2006
Annexes I, II and III to Regulation (EC) No 1941/2006 shall be amended in accordance with Annex I to this Regulation.
Article 2
Amendments to Regulation (EC) No 2015/2006
Part 2 of the Annex to Regulation (EC) No 2015/2006 shall be amended in accordance with Annex II to this Regulation.
Article 3
Amendments to Regulation (EC) No 41/2007
Regulation (EC) No 41/2007 is hereby amended as follows:
1. |
Article 51(1) shall be replaced by the following: ‘1. By way of derogation from Article 28e(1) of Regulation (EEC) No 2847/93, the masters of all fishing vessels or their representatives, carrying fish referred to in Article 49, intending to call into a port or to land or tranship shall notify the competent authorities of the Member State of the port which they wish to use at least three working days before the estimated time of arrival.’; |
2. |
Article 52 shall be amended as follows:
|
3. |
Article 53(1) shall be replaced by the following: ‘1. The competent authorities of Member States shall carry out inspections of at least 15 % of landings and transhipments by third-country fishing vessels, referred to in Article 49, in its ports each year.’; |
4. |
Annexes IA, IIA, III and IV to Regulation (EC) No 41/2007 shall be amended in accordance with Annex III to this Regulation. |
Article 4
Entry into force
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
However, Article 1, as regards the amendments set out in Annex I, points 1 and 2, to this Regulation, shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 28 June 2007.
For the Council
The President
S. GABRIEL
(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 70, 9.3.2004, p. 8. Regulation as amended by Commission Regulation (EC) No 441/2007 (OJ L 104, 21.4.2007, p. 28).
(3) OJ L 367, 22.12.2006, p. 1. Regulation as amended by Commission Regulation (EC) No 609/2007 (OJ L 141, 2.6.2007, p. 33).
(4) OJ L 384, 29.12.2006, p. 28. Regulation as amended by Regulation (EC) No 609/2007.
(5) OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Regulation (EC) No 643/2007 (OJ L 151, 13.6.2007, p. 1).
ANNEX I
The Annexes to Regulation (EC) No 1941/2006 are hereby amended as follows:
1. |
Annex I shall be amended as follows:
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2. |
Annex II shall be amended as follows:
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3. |
Point 2.7.1 of Annex III shall be replaced by the following:
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ANNEX II
Part 2 of the Annex to Regulation (EC) No 2015/2006, is hereby amended as follows:
1. |
The entry concerning the species alfonsinos in Community waters and waters not under the sovereignty or jurisdiction of third countries of ICES zones I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV shall be replaced by the following:
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2. |
The entry concerning the species roundnose grenadier in ICES zone IIIa and Community waters of ICES zones IIIbcd shall be replaced by the following:
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3. |
The entry concerning the species roundnose grenadier in Community waters and waters not under the sovereignty or jurisdiction of third countries of ICES zones VIII, IX, X, XII and XIV and V (Greenland waters) shall be replaced by the following:
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4. |
The entry concerning the species orange roughy in Community waters and waters not under the sovereignty or jurisdiction of third countries of ICES zones I, II, III, IV, V, VIII, IX, X, XI, XII and XIV shall be replaced by the following:
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5. |
The entry concerning the species blue ling in Community waters and waters not under the sovereignty and jurisdiction of third countries of ICES zones VI and VII shall be replaced by the following:
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6. |
The entry concerning the species red seabream in Community waters and waters not under the sovereignty and jurisdiction of third countries shall be replaced by the following:
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(1) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(2) Member States shall ensure that the fishery for blue ling is scientifically monitored, in particular the activities of those fishing vessels that landed more than 30 tonnes of blue ling in 2005. All vessels shall give prior notification of landing of more than 5 tonnes of blue ling and shall not land more than 25 tonnes of blue ling at the end of any fishing trip.’
(3) Up to 10 % of the 2008 quotas may be taken in December 2007.’
ANNEX III
The Annexes to Regulation (EC) No 41/2007 are hereby amended as follows:
1. |
Annex IA shall be amended as follows:
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2. |
Annex IIA shall be amended as follows:
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3. |
Annex III shall be amended as follows:
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4. |
Annex IV shall be amended as follows:
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(1) Excluding waters within six miles of UK baselines at Shetland, Fair Isle and Foula.
(2) Of which no more than 125 459 tonnes may be fished in EC waters of IIa and IV. The remaining 18 865 tonnes may be fished in ICES zone IIIa only.
(3) Of which no more than 2 742 tonnes may be fished in EC waters of IIa and IV. The remaining 413 tonnes may be fished in EC waters of ICES zone IIIa only.
(4) Of which no more than 4 799 tonnes may be fished in EC waters of ICES zones IIa and IV. The remaining 722 tonnes may be fished in ICES zone IIIa only; Member States other than Sweden may fish only in EC waters of ICES zone IIIa.
(5) Except Denmark and the United Kingdom.
(6) Of which no more than 133 000 tonnes may be fished in EC waters of ICES zones IIa and IV. The remaining 20 000 tonnes may be fished in ICES zone IIIa only.
(7) To be taken in ICES zone IV.
(8) No more than 170 000 tonnes may be fished in ICES zones IIa and IV in accordance with the Agreed Record with Norway of 22 May 2007.’
(9) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States must inform the Commission of their landings of herring distinguishing between ICES zones IVa and IVb.
(10) May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.
(11) Reference is to the herring stock in ICES zone VIa, north of 56° 00′ N and in that part of VIa which is situated east of 7° 00′ W and north of 55° 00′ N, excluding the Clyde.
(12) This quota may only be taken in ICES zone VIa north of 56° 30′ N.’
(13) By-catch quota. Where more than 200 kg of these species are caught in any continuous 24-hour period they shall not comprise more than 25 % by live weight of the catch retained on board.’
(14) This allocation is valid for purse and trawl fisheries.
(15) To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00′ N.
(16) 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”.
(17) These figures refer to the maximum number of vessels present at any time.
(18) These figures are included in the figures for “Trawling outside 21 miles from the Faroese baselines”.’
(19) To be fished exclusively with long lines or traps (snappers) or long lines or mesh nets having a minimum mesh of 100 mm, at depths greater than 30 m (sharks). To issue these licences, proof must be produced that a valid contract exists between the ship owner applying for the licence and a processing undertaking situated in the Department of French Guyana, and that it includes and obligation to land at least 75 % of all snapper catches, or 50 % of all shark catches from the vessel concerned in that department so that they may be processed in that undertaking's plant.
The contract referred to above must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guyanese economy. A copy of the duly endorsed contract shall be appended to the licence application.
Where the endorsement referred to above is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission.’