OpenLegislation

Annex I

United Kingdom

Original text. Later amendments are not shown.

The Annexes to Regulation (EC) No 51/2006 are amended as follows:

  1. (1)

    in Annex IA:

    1. (a)

      The entry concerning the species Basking shark in EC waters of zones IV, VI and VII is shall be deleted.

    2. (b)

      The entry concerning the species whiting in zones IIa (EC waters) and IV shall be replaced by the following:

      Excluding an estimated 2 000 tonnes of industrial by-catch.

      May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

      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–)
      EC14 512’
      ‘Species:whitingMerlangius merlangus Zone:IIa (EC waters), IVWHG/2AC4.
      Belgium594
      Denmark2 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.

      Germany668
      France3 860
      The Netherlands1 484
      Sweden3
      United Kingdom10 243
      EC19 420 f1
      Norway2 380 f2
      TAC23 800
  2. (2)

    in Annex IB:

    1. (a)

      The entry concerning the species Capelin in zone V, XIV (Greenland waters) shall be replaced by the following:

      Of which 16 170 tonnes are allocated to Iceland.

      To be fished before 30 April 2006.’

      ‘Species:CapelinMallotus villosus Zone:V, XIV (Greenland waters)CAP/514GRN
      All Member States0
      EC16 170 f3 f4
      TACNot relevant
    2. (b)

      The entry concerning the species Redfish in zone Va (Icelandic waters) shall be replaced by the following:

      Including unavoidable by-catches (cod not allowed).

      To be fished between July and December.’

      ‘Species:RedfishSebastes spp.Zone:Va (Icelandic waters)RED/05A-IS
      Belgium100 f5 f6
      Germany1 690
      France50
      United Kingdom1 160
      EC3 000
      TACNot relevant
  3. (3)

    in Annex IIA:

    1. (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.’;

    2. (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.’;

    3. (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

      Only the denominations in points 4 and 8 are used.

      Application of Regulation (EC) No 850/98 where restrictions exist.

      n.r. means non relevant.

      Areas as defined in point:
      Gear groupPoint 4Special conditionPoint 8Denominationf7 2.1.aKattegat2.1.b1 — Skaggerak2 — II, IVa,b,c3 — VIId2.1.cVIIa2.1.dVIa
      123
      4.a.iTrawls or Danish seines with mesh size ≥ 16 and < 32 mm228f8 228 228228
      4.a.iiTrawls or Danish seines with mesh size ≥ 70 and < 90 mmn.r.n.r.227227227
      4.a.iiiTrawls or Danish seines with mesh size ≥ 90 and < 100 mm103103227227227
      4.a.ivTrawls or Danish seines with mesh size ≥ 100 and < 120 mm10310311491
      4.a.vTrawls or Danish seines with mesh size ≥ 120 mm10310311491
      4.a.iii8.1.aTrawls or Danish seines with mesh size ≥ 90 and < 100 mm with a 120 mm square mesh window137137227227227
      4.a.iv8.1.aTrawls or Danish seines with mesh size ≥ 100 and < 120 mm with a 120 mm square mesh window13713710311491
      4.a.v8.1.aTrawls or Danish seines with mesh size ≥ 120 mm with a 120 mm square mesh window13713710311491
      4.a.v8.1.jTrawls or Danish seines with mesh size ≥ 120 mm with a 140 mm square mesh window149149115126103
      4.a.ii8.1.bTrawls or Danish seines with mesh size ≥ 70 and < 90 mm complying with the conditions laid down in Appendix 2UnlimitedUnlimitedUnl.Unl.
      4.a.iii8.1.bTrawls or Danish seines with mesh size ≥ 90and < 100 mm complying with the conditions laid down in Appendix 2UnlimitedUnlimitedUnl.Unl.
      4.a.iv8.1.cTrawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod148148148148
      4.a.v8.1.cTrawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod160160160160
      4.a.iv8.1.kTrawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaicen.r.n.r.166n.r.
      4.a.v8.1.kTrawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaicen.r.n.r.178n.r.
      4.a.v8.1.hTrawls or Danish seines with mesh size ≥ 120 mm operating under a system of automatic suspension of fishing licences115115126103
      4.a.ii8.1.dTrawls or Danish seines with mesh size ≥ 70 and < 90 mm track records represent less than 5 % of cod, sole and plaice280280280280
      4.a.iii8.1.dTrawls or Danish seines with mesh size ≥ 90 and < 100 mm track records represent less than 5 % of cod, sole and plaiceUnlimitedUnl.280280280
      4.a.iv8.1.dTrawls or Danish seines with mesh size ≥ 100 and < 120 mm track records represent less than 5 % of cod, sole and plaiceUnlimitedUnlimitedUnl.Unl.
      4.a.v8.1.dTrawls or Danish seines with mesh size > 120 mm track records represent less than 5 % of cod, sole and plaiceUnlimitedUnlimitedUnl.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 licensesn.r.n.r.127138115
      4.b.iBeam trawls with mesh size ≥ 80 and < 90 mmn.r.143 Unl.143143
      4.b.iiBeam trawls with mesh size ≥ 90 and < 100 mmn.r.143 Unl.143143
      4.b.iiiBeam trawls with mesh size ≥ 100 and < 120 mmn.r.143Unl.143143
      4.b.ivBeam trawls with mesh size ≥ 120 mmn.r.143Unl.143143
      4.b.iii8.1.cBeam trawls with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of codn.r.155Unl.155155
      4.b.iii8.1.iBeam trawls with mesh size ≥ 100 and < 120mm for vessels having used beam trawls in 2003, 2004 or 2005n.r.155Unl.155155
      4.b.iv8.1.cBeam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of codn.r.155Unl.155155
      4.b.iv8.1.iBeam trawls with mesh size ≥ 120 mm for vessels having used beam in 2003, 2004 or 2005n.r.155Unl.155155
      4.b.iv8.1.eBeam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaicen.r.155Unl.155155

      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

      140140140140
      4.c.iii8.1.fGillnets and entangling nets with mesh size ≥ 220 mm track records shall represent less than 5 % of cod and more than 5 % of turbot and lumpsucker162140162140140140
      4.d8.1.gTrammel nets with mesh size < 110 mm. The vessel shall be absent from the port no more than 24 h140140205140140
      4.eLong-lines173173173173

      ’

    4. (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:

      1. (a)

        grouping of fishing gears 4.a.i within any area;

      2. (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;

      3. (c)

        groupings of fishing gears 4.a.iii in Kattegat and Skagerak, 4.a.iv and 4.a.v within any area;

      4. (d)

        groupings of fishing gears 4.b.i, 4.b.ii, 4.b.iii, and 4.b.iv within any area;

      5. (e)

        groupings of fishing gears 4.c.i, 4.c.ii, 4.c.iii and 4.d within any area;

      6. (f)

        grouping of fishing gears 4.e within any area.’;

    5. (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.’;

    6. (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.’;

    7. (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:

      1. (a)

        no more than the number of days available under point 17.2;

        and

      2. (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.’;

    8. (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.’;

    9. (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. (4)

    in Annex IIB:

    1. (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.’;

    2. (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.’;

    3. (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.’;

    4. (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. (5)

    in Annex IIC:

    1. (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:

      1. (a)

        such vessels catch less than 300 kg live weight of sole in 2006,

        and

      2. (b)

        such vessels do not tranship any fish at sea to another vessel,

        and

      3. (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.’;

    2. (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.’;

    3. (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.’;

    4. (d)

      Point 11 shall be deleted;

    5. (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

      Only the denominations in point 3.

      Gear group point 3Denominationf9 Western Channel
      3.aBeam trawls of mesh size ≥ 80 mm216
      3.bStatic nets with mesh size < 220 mm216

      ’

    6. (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.’;

    7. (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.’;

    8. (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. (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

    This allocation is valid for purse and trawl fisheries.

    To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00' N.

    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.

    These figures refer to the maximum number of vessels present at any time.

    These figures are included in the figures for “Trawling outside 21 miles from the Faroese baselines”.

    Applies only to vessels flying the flag of Latvia.

    Area of fishingFisheryNumber of licencesAllocation of licences amongst Member StatesMaximum number of vessels present at any time
    Norwegian waters and fishery zone around Jan MayenHerring, North of 62° 00' N77DK: 26, DE: 5, FR: 1, IRL: 7, NL: 9, SW: 10, UK: 17, PL: 155
    Demersal species, North of 62° 00' N80FR: 18, PT: 9, DE: 16, ES: 20, UK: 14, IRL: 150
    Mackerel, South of 62° 00' N, purse seine fishery11DE: 1f10, DK: 26, FR: 2, NL: 1 not relevant
    Mackerel, South of 62° 00' N, trawl fishery19not relevant
    Mackerel, North of 62° 00' N, purse seine fishery11f11 DK: 11not relevant
    Industrial species, South of 62° 00' N480DK: 450, UK: 30150
    Waters of the Faroe IslandsAll trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines26BE: 0, DE: 4, FR: 4, UK: 1813
    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' W8f12 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.70BE: 0, DE: 10, FR: 40, UK: 2026
    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.70DE: 8f13, FR: 12, UK: 0 20f14
    Directed trawl fishery for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend.7022
    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”34DE: 3, DK: 19, FR: 2, UK: 5, NL: 520
    Line fishing10UK: 106
    Fishing for mackerel12DK: 1212
    Herring fisheries north of 62° N21DE: 1, DK: 7, FR: 0, UK: 5, IRL: 2, NL: 3, SW: 321
    Waters of the Russian FederationAll fisheriespmpm
    Fisheries for cod7f15 pm
    Fisheries for spratpmpm

    ’

Annotations

Footnotes

f1

Excluding an estimated 2 000 tonnes of industrial by-catch.

f2

May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

f3

Of which 16 170 tonnes are allocated to Iceland.

f4

To be fished before 30 April 2006.’

f5

Including unavoidable by-catches (cod not allowed).

f6

To be fished between July and December.’

f7

Only the denominations in points 4 and 8 are used.

f8

Application of Regulation (EC) No 850/98 where restrictions exist.

f9

Only the denominations in point 3.

f10

This allocation is valid for purse and trawl fisheries.

f11

To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00' N.

f12

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.

f13

These figures refer to the maximum number of vessels present at any time.

f14

These figures are included in the figures for “Trawling outside 21 miles from the Faroese baselines”.

f15

Applies only to vessels flying the flag of Latvia.