COUNCIL REGULATION

(EC) No 2015/2006

of 19 December 2006

fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea 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 the proposal of the Commission,

Whereas:

(1) Under Article 4 of Regulation (EC) No 2371/2002 the Council is to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking into account,

inter alia

, available scientific advice.

(2) Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunities by fishery or group of fisheries and to allocate them in accordance with prescribed criteria.

(3) The latest scientific advice from the International Council for the Exploration of the Sea (ICES) concerning certain stocks of fish found in the deep sea indicates that those stocks are harvested unsustainably, and that fishing opportunities for those stocks should be reduced in order to assure their sustainability.

(4) The ICES has further advised that the exploitation rate of orange roughy in ICES Area VII is much too high. Scientific advice further indicates that orange roughy in Area VI is heavily depleted, and areas of vulnerable aggregations of these species have been identified. It is therefore appropriate to prohibit fishing for orange roughy in those areas.

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

(6) 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(2), it is necessary to indicate which stocks are subject to the various measures fixed therein.

(7) The measures provided for in this Regulation should be fixed by reference to ICES zones as defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the Northeast Atlantic(3) and to CECAF zones (Committee for Eastern Central Atlantic Fisheries) as defined in Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic(4).

(8) The fishing opportunities should be utilised in accordance with the Community legislation on the matter, and in particular with Council Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish(5), Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels(6), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(7), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits(8), 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(9) Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable for fishing for deep-sea stocks(10), and Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98(11),

HAS ADOPTED THIS REGULATION:

Article 1

Subject-matter

This Regulation fixes for 2007 and for 2008, for stocks of deep-sea species and for Community fishing vessels, annual fishing opportunities in zones in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which fishing opportunities may be utilised.

Article 2

Definitions

1. For the purposes of this Regulation, ‘deep-sea fishing permit’ means the fishing permit referred to in Article 3 of Regulation (EC) No 2347/2002.

2. The definitions of ICES and CECAF zones are those given, respectively, in Regulation (EEC) No 3880/91 and Regulation (EC) No 2597/95.

Article 3

Fixing of fishing opportunities

Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in the Annex.

Article 4

Allocation among Member States

The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to:

(a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

(b) reallocations made pursuant to Articles 21(4) and 32(2) of Regulation (EEC) No 2847/93 and Article 23(4) of Regulation (EC) No 2371/2002;

(d) quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96;

(e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96 and Article 23(4) of Regulation (EC) No 2371/2002.

Article 5

Quota flexibility

For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to the present Regulation shall be considered ‘Analytic’ quotas.

However, the measures provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.

Article 6

Conditions for landing catch and by-catch

Fish from stocks for which fishing opportunities are fixed by this Regulation may be retained on board or landed only if they were taken by vessels of a Member State which has a quota which is not exhausted. All landings shall count against the quota.

The first subparagraph shall not apply to catches taken in the course of scientific investigations carried out under Regulation (EC) No 850/98, which shall not count against the quota.

Article 7

Orange Roughy

1. The Orange Roughy Protection Areas are defined as the following sea areas:

(a) that sea area enclosed by rhumb lines sequentially joining the following positions:

57° 00′ N, 11° 00′ W

57° 00′ N, 8° 30′ W

56° 23′ N, 8° 30′ W

55° 00′ N, 9° 38′ W

55° 00′ N, 11° 00′ W

57° 00′ N, 11° 00′ W;

(b) that sea area enclosed by rhumb lines sequentially joining the following positions:

55° 30′ N, 15° 49′ W

53° 30′ N, 14° 11′ W

50° 30′ N, 14° 11′ W

50° 30′ N, 15° 49′ W;

55° 00′ N, 13° 51′ W

55° 00′ N, 10° 37′ W

54° 15′ N, 10° 37′ W

53° 30′ N, 11° 50′ W

53° 30′ N, 13° 51′ W.

Those positions and the corresponding rhumb lines and vessel positions shall be measured according to the WGS84 standard.

2. Member States shall ensure that vessels holding a deep-sea fishing permit shall be properly monitored by the Fisheries Monitoring Centres (FMC), which shall have a system to detect and record the vessels’ entry into, transit through and exit from the areas defined in paragraph 1.

3. Vessels holding a deep-sea fishing permit that have entered the areas defined in paragraph 1 shall not retain on board or tranship any quantity of orange roughy, nor land any quantity of orange roughy at the end of that fishing trip unless:

(a) all gears carried on board are lashed and stowed during the transit in accordance with the conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93;

(b) the average speed during transit is not less than 8 knots.

Article 8

Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the

Official Journal of the European Union

It shall apply as from 1 January 2007.

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

Done at Brussels, 19 December 2006.

For the Council

The President

KORKEAOJA

(1)

OJ L 358, 31.12.2002, p. 59

(2)

OJ L 115, 9.5.1996, p. 3

(3)

OJ L 365, 31.12.1991, p. 1

. Regulation as last amended by Commission Regulation (EC) No 448/2005 (

OJ L 74, 19.3.2005, p. 5

(4)

OJ L 270, 13.11.1995, p. 1

. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (

OJ L 284, 31.10.2003, p. 1

(5)

OJ L 276, 10.10.1983, p. 1

. Regulation as last amended by Commission Regulation (EC) No 1804/2005 (

OJ L 290, 4.11.2005, p. 10

(6)

OJ L 132, 21.5.1987, p. 9

(7)

OJ L 261, 20.10.1993, p. 1

. Regulation as last amended by Regulation (EC) No 768/2005 (

OJ L 128, 21.5.2005, p. 1

(8)

OJ L 171, 6.7.1994, p. 7

(9)

OJ L 125, 27.4.1998, p. 1

. Regulation as last amended by Regulation (EC) No 2166/2005 (

OJ L 345, 28.12.2005, p. 5

(10)

OJ L 351, 28.12.2002, p. 6

. Regulation as amended by Regulation (EC) No 2269/2004 (

OJ L 396, 31.12.2004, p. 1

(11)

OJ L 349, 31.12.2005, p. 1

ANNEX

PART 1 Definition of Species and Species Groups

Within each area fish stocks are referred to following the alphabetical order of the Latin names of the species. However, deep sea sharks are placed at the beginning of that list. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:

Common name	Scientific name
Black scabbardfish	Aphanopus carbo
Alfonsinos	Beryx spp.
Tusk	Brosme brosme
Roundnose grenadier	Coryphaenoides rupestris
Orange roughy	Hoplostethus atlanticus
Blue ling	Molva dypterigia
Forkbeards	Phycis blennoides
Red seabream	Pagellus bogaraveo

Where reference is made to ‘deep sea sharks’, this shall refer to sharks in the following list of species: Portuguese dogfish (

Centroscymnus coelolepis

), Leafscale gulper shark (

Centrophorus squamosus

), Birdbeak dogfish (

Deania calceus

), Kitefin shark (

Dalatias licha

), Greater lanternshark (

Etmopterus princeps

), Velvet belly (

Etmopterus spinax

), Black dogfish (

Centroscyllium fabricii

), Gulper shark (

Centrophorus granulosus

), Blackmouth dogfish (

Galeus melastomus

), Mouse catshark (

Galeus murinus

), Iceland catshark (

Apristuris

spp.).

PART 2 Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight)

All references are to ICES sub-areas unless otherwise stated.

Species

Deep Sea Sharks

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX

Year

2007(1)

2008(1)

Germany

Spain

280

187

Estonia

France

1 014

676

Ireland

164

109

Lithuania

Poland

Portugal

381

254

United Kingdom

562

375

2 472

1 646

Species

Deep Sea Sharks

Zone

X (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Portugal

Species

Deep Sea Sharks and Deania histricosa and Deania profondorum

Zone

XII (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Spain

France

Ireland

United Kingdom

Species

Black scabbardfish

Aphanopus carbo

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV

Year

2007

2008

Germany

France

United Kingdom

Species

Black scabbardfish

Aphanopus carbo

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII and XII

Year

2007

2008

Germany

Spain

173

Estonia

France

2 433

Ireland

Latvia

113

Lithuania

Poland

United Kingdom

173

Others(2)

3 042

Species

Black scabbardfish

Aphanopus carbo

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX and X

Year

2007

2008

Spain

France

Portugal

3 956

4 000

Species

Black scabbardfish

Aphanopus carbo

Zone

CECAF 34.1.2. (Community waters and waters not under the sovereignty or jurisdiction of third countries.)

Year

2007

2008

Portugal

4 285

Species

Alfonsinos

Beryx spp.

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV

Year

2007

2008

Spain

France

Ireland

Portugal

214

United Kingdom

328

Species

Roundnose grenadier

Coryphaenoides rupestris

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, IV and Va

Year

2007

2008

Denmark

Germany

France

United Kingdom

Species

Roundnose grenadier

Coryphaenoides rupestris

Zone

IIIa and Community waters of IIIbcd

Year

2007

2008

Denmark

1 003

946

Germany

Sweden

1 060

1 000

Species

Roundnose grenadier

Coryphaenoides rupestris

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of Vb, VI and VII

Year

2007

2008

Germany

Estonia

Spain

France

3 789

Ireland

299

Lithuania

Poland

United Kingdom

222

Others(3)

4 600

Species

Roundnose grenadier

Coryphaenoides rupestris

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX, X, XII and XIV and V (Greenland waters)

Year

2007

2008

Germany

Spain

4 391

France

202

Ireland

United Kingdom

Latvia

Lithuania

Poland

1 374

6 114

Species

Orange roughy

Hoplostethus atlanticus

Zone

VI (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Spain

France

Ireland

United Kingdom

Species

Orange roughy

Hoplostethus atlanticus

Zone

VII (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Spain

France

147

Ireland

United Kingdom

Others(4)

193

130

Species

Orange roughy

Hoplostethus atlanticus

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III, IV, V, VIII, IX, X, XI, XII and XIV

Year

2007

2008

Spain

France

Ireland

Portugal

United Kingdom

Species

Blue ling

Molva dypterygia

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of II, IV and V

Year

2007

2008

Denmark

Germany

France

Ireland

United Kingdom

Others(5)

Species

Blue ling

Molva dypterygia

Zone

III (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Denmark

Germany

Sweden

Species

Blue ling

Molva dypterygia

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of VI and VII(7)

Year

2007

2008

Germany

Estonia

Spain

France

1 897

1 518

Ireland

Lithuania

Poland

United Kingdom

482

386

Others(6)

2 510

2 009

Species

Red seabream

Pagellus bogaraveo

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of VI, VII and VIII

Year

2007

2008

Spain

238

France

Ireland

United Kingdom

Others(8)

298

Species

Red seabream

Pagellus bogaraveo

Zone

IX (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Spain

850

Portugal

230

1 080

Species

Red seabream

Pagellus bogaraveo

Zone

X (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Spain

Portugal

1 116

United Kingdom

1 136

Species

Forkbeards

Phycis blennoides

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV

Year

2007

2008

Germany

France

United Kingdom

Species

Forkbeards

Phycis blennoides

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI and VII

Year

2007

2008

Germany

Spain

588

France

356

Ireland

260

United Kingdom

814

2 028

Species

Forkbeards

Phycis blennoides

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII and IX

Year

2007

2008

Spain

242

France

Portugal

267

Species

Forkbeards

Phycis blennoides

Zone

Community waters and waters not under the sovereignty or jurisdiction of third countries of X and XII

Year

2007

2008

France

Portugal

United Kingdom

(1) By-catches only. No directed fisheries for deep sea sharks are permitted.

(2) Exclusively for by-catches. No directed fisheries are permitted under this quota.

(3) Exclusively for by-catches. No directed fisheries are permitted under this quota.

(4) Exclusively for by-catches. No directed fisheries are permitted under this quota.

(5) Exclusively for by-catches. No directed fisheries are permitted under this quota.

(6) Exclusively for by-catches. No directed fisheries are permitted under this quota.

(7) 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. Such vessels shall give prior notification of landing and shall not land more than 25 tonnes of Blueling at the end of any fishing trip.

(8) Exclusively for by-catches. No directed fisheries are permitted under this quota.