Council Regulation (EC) No 753/2009 of 27 July 2009 amending Regulation (EC) No 43/2009, as regards fishing opportunities and associated conditions for certain fish stocks

Regulation (EC) No 43/2009 is hereby amended as follows:

1. 1..

   the following Chapter VIIIa is inserted:

   ‘CHAPTER VIIIa

   LABELLING OF FISH FROZEN AFTER BEING CAUGHT IN THE NEAFC CONVENTION AREA BY COMMUNITY VESSELS OR THIRD COUNTRY VESSELS

   Labelling of frozen fish

   Article 39a

   When frozen, all fish caught in the NEAFC Convention Area shall be identified with a clearly legible label or stamp. The label or stamp, which shall be placed on each box or block of frozen fish, shall indicate the species, production date, the ICES sub-area and division where the catch was taken and the name of the vessel which caught the fish.’;

2. 2..

   in Article 48, the following paragraph is inserted:

   ‘1a.

   Each vessel participating in the krill fishery referred to in Article 49 shall have at least one scientific observer appointed in accordance with the CCAMLR Scheme of International Scientific Observation or fulfilling the requirements under that scheme, on board throughout all fishing activities within the fishing period.’;

3. 3..

   in Article 50, paragraph 4 is deleted;

4. 4..

   the following Articles are inserted:

   ‘Maximum number of vessels fishing bluefin tuna in the Eastern Atlantic

   Article 91a

   The maximum number of Community bait boats and trolling boats authorised to fish actively bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm in the Eastern Atlantic, and the allocation among the Member States of that maximum number shall be fixed as follows:

   Spain

   63

   France

   44

   EC

   107

   Catch limits for bluefin tuna in the Eastern Atlantic

   Article 91b

   1.

   Within the catch limits laid down in Annex ID, the catch limit for bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm applicable to authorised Community vessels referred to in Article 91a, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes):

   Spain

   599,3

   France

   269,3

   EC^f1

   868,6

   2.

   Within the catch limits laid down in paragraph 1, the catch limit for bluefin tuna weighing no less than 6,4 kg or measuring no less than 70 cm applicable to bait boats of an overall length of less than 17 metres among the Community vessels referred to in Article 91a, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes):

   France

   45^f2

   EC

   45

   Maximum number of vessels fishing bluefin tuna in the Mediterranean applicable to the Community coastal artisanal fishery

   Article 91c

   The maximum number of Community coastal artisanal fishing vessels authorised to fish actively bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm in the Mediterranean, and the allocation among the Member States of that maximum number shall be fixed as follows:

   Spain

   139

   France

   86

   Italy

   35

   Cyprus

   25

   Malta

   89

   EC

   374

   Catch limits for bluefin tuna in the Mediterranean applicable to the Community coastal artisanal fishery

   Article 91d

   Within the catch limits laid down in Annex ID, the catch limit for bluefin tuna between 8 kg and 30 kg allocated to the Community coastal artisanal fishery for fresh fish by bait boats, longliners and handliners in the Mediterranean referred to in Article 91c, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes):

   Spain

   82,3

   France

   71,8

   Italy

   63,5

   Cyprus

   2,3

   Malta

   5,3

   EC

   225,2

   Maximum number of vessels fishing bluefin tuna in the Adriatic Sea for farming purposes

   Article 91e

   The maximum number of Community vessels fishing actively bluefin tuna in the Adriatic Sea for farming purposes authorised to fish bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm, and the allocation among the Member States of that maximum number shall be fixed as follows:

   Italy

   68

   EC

   68

   Catch limits for bluefin tuna in the Adriatic Sea for farming purposes

   Article 91f

   Within the catch limits laid down in Annex ID, the catch limit for bluefin tuna between and 8 kg and 30 kg allocated to the Community vessels fishing bluefin tuna in the Adriatic Sea for farming purposes referred to in Article 91e, and the allocation of that catch limit among the Member States, shall be fixed as follows (in tonnes):

   Italy

   63,5

   EC

   63,5’;

5. 5..

   Annex IA is amended as follows:

   1. (a)

      the entry concerning the species Greenland Halibut in EC waters of IIa and IV; EC and international waters of VI is replaced by the following:

      Of which 350 tonnes are allocated to Norway and are to be taken in the EC waters of ICES zones IIa and VI. In ICES zone VI this quantity may only be fished with long-lines.’
      ‘SpeciesGreenland HalibutReinhardtius hippoglossoides		ZoneEC waters of IIa and IV; EC and international waters of Vb and VI (GHL/2A-C46)
      Denmark	4	Analytical 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	7
      Estonia	4
      Spain	4
      France	69
      Ireland	4
      Lithuania	4
      Poland	4
      United Kingdom	270
      EC	720f3
      TAC	Not relevant

   2. (b)

      the entry concerning the species Mackerel in ICES zones VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EC waters of Vb; international waters of IIa, XII and XIV is replaced by the following:

      May be fished only in ICES zones IIa, VIa (north of 56° 30′ N), IVa, VIId, VIIe, VIIf and VIIh.
      May be fished in EC waters of ICES zones IVa north of 59° N from 1 January to 15 February and from 1 October to 31 December. A quantity of 3 982 tonnes of the Faeroe Islands' own quota may be fished in ICES zone VIa north of 56° 30′ N throughout the year.
      TAC agreed by the EC, Norway and Faeroe Islands for the northern area.
      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. EC waters of IVa (MAC/*04A-C) Germany 5 981 France 3 988 Ireland 19 938 The Netherlands 8 723 United Kingdom 54 829 EC 93 459’
      ‘SpeciesMackerelScomber scombrus		ZoneVI, VII, VIIIa, VIIIb, VIIId and VIIIe; EC and international waters of Vb; international waters of IIa, XII and XIV(MAC/2CX14-)
      Germany	19 821	Analytical 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.
      Spain	20
      Estonia	165
      France	13 216
      Ireland	66 070
      Latvia	122
      Lithuania	122
      The Netherlands	28 905
      Poland	1 396
      United Kingdom	181 694
      EC	311 531
      Norway	12 300f4
      Faeroe Islands	4 798f5
      TAC	511 287f6

   3. (c)

      the entry concerning the species Horse Mackerel in ICES zones VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EC waters of Vb; international waters of XII and XIV is replaced by the following:

      May be fished in ICES zone IV, VIa North of 56° 30′ N, VIIe, VIIf and VIIh.’
      ‘SpeciesHorse mackerelTrachurus spp.		ZoneVI, VII, VIIIa, VIIIb, VIIId and VIIIe; EC and international waters of Vb; international waters of XII and XIV(JAX/578/14)
      Denmark	15 056	Analytical TAC. Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 applies. Article 5(2) of Regulation (EC) No 847/96 applies.
      Germany	12 035
      Spain	16 435
      France	7 952
      Ireland	39 179
      The Netherlands	57 415
      Portugal	1 591
      United Kingdom	16 276
      EC	165 939
      Faeroe Islands	4 061f7
      TAC	170 000

6. 6..

   Annex IB is amended as follows:

   1. (a)

      the entry concerning the species Cod in Norwegian waters of I and II is replaced by the following:

      ‘

      SpeciesCodGadus morhua		ZoneNorwegian waters of I and II(COD/1N2AB.)
      Germany	2 425	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.
      Greece	301
      Spain	2 706
      Ireland	301
      France	2 226
      Portugal	2 706
      United Kingdom	9 410
      EC	20 074
      TAC	525 000

      ’

   2. (b)

      the entry concerning the species Redfish in EC and international waters of ICES zone V and EC waters of ICES zones XII and XIV is replaced by the following:

      No more than 70 % of the quota may be taken within the area bounded by the following coordinates and no more than 15 % of the quota may be taken within that area during the period from 1 April to 10 May. (RED/*5X14.) Point No Latitude N Longitude W 1 64° 45 28° 30 2 62° 50 25° 45 3 61° 55 26° 45 4 61° 00 26° 30 5 59° 00 30° 00 6 59° 00 34° 00 7 61° 30 34° 00 8 62° 50 36° 00 9 64° 45 28° 30’
      ‘SpeciesRedfishSebastes spp.		ZoneEC and international waters of V; international waters of XII and XIV(RED/51214.)
      Estonia	210	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	4 266
      Spain	749
      France	398
      Ireland	1
      Latvia	76
      The Netherlands	2
      Poland	384
      Portugal	896
      United Kingdom	10
      EC	6 992f8
      TAC	46

   3. (c)

      The entry concerning the species Redfish in Greenland waters of ICES zones V and XIV is replaced by the following:

      May only be fished by pelagic trawl. May be fished East or West. The quota may be taken in the NEAFC Regulatory Area on the condition that Greenlandic reporting conditions are fulfilled (RED/*51214).
      3 000 tonnes to be fished with pelagic trawl are allocated to Norway and 200 tonnes are allocated to the Faeroe Islands.
      No more than 70 % of the quota may be taken within the area bounded by the following coordinates and no more than 15 % of the quota may be taken within that area during the period from 1 April to 10 May. (RED/*5-14.) Point No Latitude N Longitude W 1 64° 45 28° 30 2 62° 50 25° 45 3 61° 55 26° 45 4 61° 00 26° 30 5 59° 00 30° 00 6 59° 00 34° 00 7 61° 30 34° 00 8 62° 50 36° 00 9 64° 45 28° 30’
      ‘SpeciesRedfishSebastes spp.		ZoneGreenland waters of V and XIV(RED/514GRN)
      Germany	4 742f9	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.
      France	24
      United Kingdom	33
      EC	8 000 f10 f11
      TAC	Not relevant

7. 7..

   Appendix 1 to Annex IIA is amended as follows:

   1. (a)

      in table (a), the column concerning Sweden is replaced by the following:

      ‘SE

      16 609

      739 281

      55 853

      0

      0

      13 155

      22 130

      25 339’

   2. (b)

      in table (b), the column concerning Sweden is replaced by the following:

      ‘SE

      286 779

      830 400

      263 772

      0

      0

      80 781

      53 078

      110 468’

   3. (c)

      in table (d), the column concerning Spain is replaced by the following:

      ‘ES

      0

      0

      0

      0

      0

      13 836

      0

      1 402 142’

8. 8..

   Annex III is amended as follows:

   1. (a)

      in point 5c, 5c.1, 5c.2 and 5c.3 the words ‘North Sea, Skagerrak and Eastern Channel’ are replaced by ‘Eastern Channel’;

   2. (b)

      the following point 5e is inserted:

      ‘5e.

      Real time closures in the North Sea and Skagerrak

      5e.1.

      For the purpose of this point:

      1. (a)

         the following shall be considered as juveniles:

         • specimens of cod smaller than 35 cm,

         • specimens of haddock smaller than 30 cm,

         • specimens of saithe smaller than 35 cm,

         • specimens of whiting smaller than 27 cm;

      2. (b)

         the trigger level shall be 15 % by weight of juveniles with respect to the total of the four species mentioned in paragraph a). However, if the quantity of cod in the sample exceeds 75 % with respect to the total of the four species, the trigger level shall be 10 %.

      5e.2.

      Member States shall identify areas where there is a risk of catching juveniles in excess of the trigger levels.

      5e.3.

      In the areas identified in accordance with point 5e.2, Member States shall carry out inspections to measure whether the percentage of juveniles exceeds the trigger level, including through Joint Deployment Plans. For this purpose, Member States shall:

      1. (a)

         take and measure samples of cod, haddock, saithe and whiting from a haul in accordance with provisions in Appendix 7 to this Annex;

      2. (b)

         document each sampling by completing a sampling report as set out in Appendix 8 to this Annex and send it to the Costal State.

      Member States may invite other countries undertaking inspection in the area concerned to carry out samples on their behalf.

      5e.4.

      The Coastal Member State concerned shall publicise without delay on its website the position at which the sample referred to in point 5e.3(a) was taken, the time it was taken and the quantity of juveniles as a percentage of the total catch of cod, haddock, saithe and whiting in weight. The percentage shall be publicised both by species and as a total of the four species.

      5e.5.

      When a sample referred to in point 5e.3(a) shows a percentage of juveniles that exceeds the trigger level, the Coastal Member State concerned shall prohibit fishing in that area with any fishing gear other than pelagic trawls, purse seines, driftnets and jiggers targeting herring, mackerel, horse mackerel, pots and scallop dredges and gillnets.

      The closed area shall be based on the following criteria:

      • the area shall have 4, 5 or 6 joining points,

      • the midpoint of the fishing operation or operations with samples above the trigger level shall equal the midpoint of the closed area,

      • when the closed area is based on one sample and lies outside the waters up to 12 miles from the baselines under the jurisdiction and sovereignty of the concerned Member State, it shall be 50 square miles, and,

      • there shall be a maximum of 3 closures simultaneously in the Skagerrak.

      5e.6.

      The prohibition referred to in point 5e.5 shall:

      • enter into force 12 hours following the decision by the concerned Member State, and,

      • apply for 21 days after which it shall automatically cease to apply at midnight UTC.

      5e.7.

      By way of derogation from point 5e.5, when the percentage is slightly above the trigger level or the haul due to its total size, catch composition or size distribution cannot be regarded as representative, the Coastal Member State may, within 48 hours from the moment that the initial sample was taken, seek further information including inspections of additional hauls, before taking a decision in accordance with point 5e.5.

      5e.8.

      If the area to be closed includes areas under the jurisdiction or sovereignty of different Member States or third countries, the Member State that has established the exceeded trigger level shall without delay inform the concerned neighbouring Member States and third countries of the findings and the prohibition decided in accordance with point 5e.5. The neighbouring Member State shall close their part of the area without delay.

      5e.9.

      The Coastal Member State shall without delay:

      1. (a)

         make the details of the prohibition established in accordance with point 5e.5 available on its website;

      2. (b)

         inform vessels in the vicinity of the area to the extent possible; and

      3. (c)

         inform the Commission and the FMCs, as referred to in Article 3 of Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite based Vessel Monitoring Systems^f12, of the other Member States and third countries with vessels fishing in that area by e-mail of the prohibition established in accordance with point 5e.5. Member States shall take the necessary measures to ensure that their FMCs inform the vessels flying their flag that are affected by the prohibition.

      5e.10.

      Upon request, the Costal Member State concerned shall provide the Commission with the detailed sampling reports and justifications underlying the decision taken in accordance with point 5e.5. Where the Commission considers that this decision is not sufficiently justified, it may request the Member State to cancel or amend the decision with immediate effect.’

   3. (c)

      the following paragraph is added at the end of point 6.6:

      ‘This derogation shall not apply within the area enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

      • 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.’;

   4. (d)

      the following point 9a is inserted:

      ‘9a.

      Special measures for the redfish fishery in the Irminger Sea and adjacent waters

      9a.1

      The measures set out in this point 9a shall apply to the fishery for redfish (Sebastes spp.) in international waters of ICES zone V and EC waters of ICES zones XII and XIV bounded by the following coordinates (hereinafter referred to as the “Redfish Conservation Area”):

      Point No	Latitude N	Longitude W
      1	64° 45	28° 30
      2	62° 50	25° 45
      3	61° 55	26° 45
      4	61° 00	26° 30
      5	59° 00	30° 00
      6	59° 00	34° 00
      7	61° 30	34° 00
      8	62° 50	36° 00
      9	64° 45	28° 30

      9a.2

      In addition to the data required under Article 5(1) of Regulation (EC) No 2791/1999, masters of fishing vessels shall record in their fishing logbooks each entry and exit from the Redfish Conservation Area and the cumulative catches retained on board. The record shall identify the area by the specific code “RCA”.

      9a.3

      Masters of fishing vessels engaged in the fishery in the Redfish Conservation Area, shall transmit the catch report provided for in Article 6(1)(a) of Regulation (EC) No 2791/1999, on a daily basis after the fishing operations of that calendar day have been completed. It shall indicate the catches on board taken since the last communication of catches.

      9a.4

      In addition to information required under Article 6(1)(a) of Regulation (EC) No 2791/1999, the masters of fishing vessels shall communicate the catch on board taken since the last communication of catches prior to entering and exiting the Redfish Conservation Area.

      9a.5

      The reports referred to in points 9a.3 and 9a.4 shall be made in accordance with Annex I to Regulation (EC) No 1085/2000. Reports of catches taken in the Redfish Conservation Area shall indicate the code “RCA” as the relevant area.

      9a.6

      Without prejudice to Article 39a of this Regulation, the label or stamp identifying redfish caught in the Redfish Conservation Area shall bear the specific code “RCA”.

      9a.7

      Buyers or holders of fish shall ensure that any quantity of redfish caught in the Redfish Conservation Area and first landed into a Community port or transhipped is weighed when landed or transhipped.

      9a.8

      It shall be prohibited to use trawls with a mesh size of less than 100 mm.

      9a.9

      The conversion factor to be applied to the gutted and headed presentation, including Japanese cut, of redfish caught in the Redfish Conservation Area shall be 1,70.’;

   5. (e)

      point 15.1 is replaced by the following:

      ‘15.1.

      It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

      • Part of the Reykjanes Ridge:

        • 55° 04,5327′ N, 36° 49,0135′ W,

        • 55° 05,4804′ N, 35° 58,9784′ W,

        • 54° 58,9914′ N, 34° 41,3634′ W,

        • 54° 41,1841′ N, 34° 00,0514′ W,

        • 54° 00,0′ N, 34° 00,0′ W,

        • 53° 54,6406′ N, 34° 49,9842′ W,

        • 53° 58,9668′ N, 36° 39,1260′ W,

        • 55° 04,5327′ N, 36° 49,0135′ W,

      • Northern MAR Area:

        • 59° 45′ N, 33° 30′ W,

        • 57° 30′ N, 27° 30′ W,

        • 56° 45′ N, 28° 30′ W,

        • 59° 15′ N, 34° 30′ W,

        • 59° 45′ N, 33° 30′ W,

      • Middle MAR Area (Charlie-Gibbs Fracture zone and Subpolar Frontal Region):

        • 53° 30′ N, 38° 00′ W,

        • 53° 30′ N, 36° 49′ W,

        • 55° 04,5327′ N, 36° 49′ W,

        • 54° 58,9914′ N, 34° 41,3634′ W,

        • 54° 41,1841′ N, 34° 00′ W,

        • 53° 30′ N, 34° 00′ W,

        • 53° 30′ N, 30° 00′ W,

        • 51° 30′N, 28° 00′W,

        • 49° 00′ N, 26° 30′ W,

        • 49° 00′ N, 30° 30′ W,

        • 51° 30′ N, 32° 00′ W,

        • 51° 30′N, 38° 00′ W,

        • 53° 30′ N, 38° 00′ W,

      • Southern MAR Area

        • 44° 30′ N, 30° 30′ W,

        • 44° 30′N, 27° 00′ W,

        • 43° 15′ N, 27° 15′ W,

        • 43° 15′ N, 31° 00′ W,

        • 44° 30′ N, 30° 30′ W,

      • The Altair Seamounts:

        • 45° 00′ N, 34° 35′ W,

        • 45° 00′ N, 33° 45′ W,

        • 44° 25′ N, 33° 45′ W,

        • 44° 25′ N, 34° 35′ W,

        • 45° 00′ N, 34° 35′ W,

      • The Antialtair Seamounts:

        • 43° 45′ N, 22° 50′ W,

        • 43° 45′ N, 22° 05′ W,

        • 43° 25′ N, 22° 05′ W,

        • 43° 25′ N, 22° 50′ W,

        • 43° 45′ N, 22° 50′ W,

      • Hatton Bank:

        • 59° 26′ N, 14° 30′ W,

        • 59° 12′ N, 15° 08′ W,

        • 59° 01′ N, 17° 00′ W,

        • 58° 50′ N, 17° 38′ W,

        • 58° 30′ N, 17° 52′ W,

        • 58° 30′ N, 18° 22′ W,

        • 58° 03′ N, 18° 22′ W,

        • 58° 03′ N, 17° 30′ W,

        • 57° 55′ N, 17° 30′ W,

        • 57° 45′ N, 19° 15′ W,

        • 58° 30′ N, 18° 45′ W,

        • 58° 47′ N, 18° 37′ W,

        • 59° 05′ N, 17° 32′ W,

        • 59° 16′ N, 17° 20′ W,

        • 59° 22′ N, 16° 50′ W,

        • 59° 21′ N, 15° 40′ W,

      • North West Rockall:

        • 57° 00′ N, 14° 53′ W,

        • 57° 37′ N, 14° 42′ W,

        • 57° 55′ N, 14° 24′ W,

        • 58° 15′ N, 13° 50′ W,

        • 57° 57′ N, 13° 09′ W,

        • 57° 50′ N, 13° 14′ W,

        • 57° 57′ N, 13° 45′ W,

        • 57° 49′ N, 14° 06′ W,

        • 57° 29′ N, 14° 19′ W,

        • 57° 22′ N, 14° 19′ W,

        • 57° 00′ N, 14° 34′ W,

        • 56° 56′ N, 14° 36′ W,

        • 56° 56′ N, 14° 51′ W,

        • 57° 00′ N, 14° 53′ W,

      • South-West Rockall (Empress of Britain Bank):

        • 56° 24′ N, 15° 37′ W,

        • 56° 21′ N, 14° 58′ W,

        • 56° 04′ N, 15° 10′ W,

        • 55° 51′ N, 15° 37′ W,

        • 56° 10′ N, 15° 52′ W,

        • 56° 24′ N, 15° 37′ W,

      • Logachev Mound:

        • 55° 17′ N 16° 10′ W,

        • 55° 33′ N 16° 16′ W,

        • 55° 50′ N 15° 15′ W,

        • 55° 58′ N 15° 05′ W,

        • 55° 54′ N 14° 55′ W,

        • 55° 45′ N 15° 12′ W,

        • 55° 34′ N 15° 07′ W,

        • 55° 17′ N 16° 10′ W,

      • West Rockall Mound:

        • 57° 20′ N, 16° 30′ W,

        • 57° 05′ N, 15° 58′ W,

        • 56° 21′ N, 17° 17′ W,

        • 56° 40′ N, 17° 50′ W,

        • 57° 20′ N, 16° 30′ W.’;

   6. (f)

      the following point 19a is inserted:

      ‘19a.

      Conditions for third-country vessels fishing for mackerel in EC waters

      The following provisions shall apply to third-country vessels intending to fish for mackerel in EC waters:

      1. (a)

         vessels may only commence their fishing trip after having received authorisation from the competent authority of the coastal Member State concerned. Such vessels shall only enter EC waters after passing through one of the following control areas:

         • ICES rectangle 48 E2 in Division Via,

         • ICES rectangle 50 F1 in Division Iva,

         • ICES rectangle 46 F1 in Division IVa.

         At least four hours prior to entering one of the control areas, upon entering EC waters, the master of the vessel shall contact the UK Fisheries Monitoring Centre (Edinburgh) by e-mail at the following address: [email protected] or by telephone (+ 44 131 271 9700).

         The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control area through which the vessel will enter EC waters. The vessel shall not commence fishing until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the fishing trip is terminated;

      2. (b)

         vessels that enter EC waters with no catch on board shall be exempt from the requirements laid down in point (a);

      3. (c)

         the fishing trip shall be considered as being terminated when the vessel leaves EC waters or enters a Community port where its catch is fully discharged.

         Vessels shall only leave the EC waters after passing through one of the control areas.

         Upon leaving EC waters, the master of the vessel shall give at least two hours prior notification of entering one of the control areas to the Fisheries Monitoring Centre in Edinburgh by e-mail or telephone as provided for in paragraph a).

         The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control area through which the vessel intends to pass. The vessel shall not leave the control area until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the vessel leaves the EC waters.

      4. (d)

         the following Appendixes shall be added to Annex III:

         Appendix 7 to Annex III

         Sampling Methodology

         Samples shall be taken and measured in accordance with following provisions:

         • Samples should be taken and measured in close cooperation with the master of fishing vessel and his crew. They should be encouraged to participate in the process. They should also be encouraged to share any information that could be relevant with respect to the delimitation of a closed area.

         • The total catch in the haul shall be estimated.

         • A sample shall be taken when it is estimated that at least 300 kg of cod, haddock, saithe and whiting are present in one haul.

           • The minimum size of the sample shall be 200 kg of cod, haddock, saithe and whiting.

           • The sample must be taken in such a way that it reflects the catch composition with respect to the four species.

           • When appropriate due to the size of the catch the sample should be taken in the beginning, the middle and the end of the catch.

         • The quantity of juveniles shall be calculated as a percentage by species and as a total of all four species.

         • The sampling report shall be duly completed immediately after the sample has been measured. The report shall then be sent to the Coastal State.

         Appendix 8 to Annex III’;

         

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

Article 1(6) shall apply from 1 January 2009, Article 1(7) from 1 February 2009 and Article 1(8)(a),(b), (f) and (g) from 1 September 2009.

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