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Council Regulation (EC) No 27/2005Show full title

Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 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

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  1. Introductory Text

  2. CHAPTER I SCOPE AND DEFINITIONS

    1. Article 1.Subject matter

    2. Article 2.Scope

    3. Article 3.Definitions

    4. Article 4.Fishing zones

  3. CHAPTER II FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS

    1. Article 5.Fishing opportunities and allocations

    2. Article 6.Special provisions and allocations

    3. Article 7.Quota flexibility

    4. Article 8.Conditions for landing catch and by-catches

    5. Article 9.Access limits

    6. Article 10.Special conditions for landings of unsorted catches from Sub-areas IIa (EC waters), III, IV and VIId

    7. Article 11.Other technical and control measures

    8. Article 12.Effort limitations and associated conditions for the management of stocks

  4. CHAPTER III FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR THIRD COUNTRY VESSELS

    1. Article 13.Authorisation

    2. Article 14.Geographic restrictions

    3. Article 15.Conditions for landing catch and by-catch

  5. CHAPTER IV LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS

    1. Article 16.Licences and associated conditions

    2. Article 17.Faroe Islands

  6. CHAPTER V LICENSING ARRANGEMENTS FOR THIRD COUNTRY VESSELS

    1. Article 18.Obligation to have a licence and a special fishing permit

    2. Article 19.Application for a licence and special fishing permit

    3. Article 20.Number of licences

    4. Article 21.Cancellation and withdrawal

    5. Article 22.Failure to comply with relevant rules

    6. Article 23.Obligations of the licence holder

    7. Article 24.Specific provisions concerning the French Department of Guyana

  7. CHAPTER VI SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA

    1. SECTION 1 Community participation

      1. Article 25.List of vessels

    2. SECTION 2 Technical measures

      1. Article 26.Mesh sizes

      2. Article 27.Attachments to nets

      3. Article 28.By-catches

      4. Article 29.Minimum size of fish

    3. SECTION 3 Control measures

      1. Article 30.Product labelling and separate stowage

      2. Article 31.Production logbook and stowage plan

      3. Article 32.Nets

      4. Article 33.Trans-shipment

      5. Article 34.Monitoring of fishing effort

    4. SECTION 4 Special provisions for Northern prawns

      1. Article 35.Northern prawn fisheries

    5. SECTION 5 Special provisions for recovery plan of Greenland halibut

      1. Article 36.Prohibition concerning Greenland halibut

      2. Article 37.List of vessels

      3. Article 38.Reports

      4. Article 39.Designated ports

      5. Article 40.Inspection in port

      6. Article 41.Prohibition of landings and trans-shipments for Non-Contracting Party vessels

      7. Article 42.Follow up on fishing activities

    6. SECTION 6 Special provisions for redfish

      1. Article 43.Redfish fishery

  8. CHAPTER VII SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE AREA OF CCAMLR

    1. SECTION 1 Restrictions and vessel information requirements

      1. Article 44.Prohibitions and catch limitations

      2. Article 45.Information requirements relating to vessels authorised to fish in the Area of CCAMLR

    2. SECTION 2 Exploratory fisheries

      1. Article 46.Participation in exploratory fisheries

      2. Article 47.Reporting systems

      3. Article 48.Special requirements

      4. Article 49.Definition of hauls

      5. Article 50.Research plans

      6. Article 51.Data collection plans

      7. Article 52.Tagging programme

      8. Article 53.Scientific observers

  9. CHAPTER VIII FINAL PROVISIONS

    1. Article 54.Scientific monitoring

    2. Article 55.Data transmission

    3. Article 56.Entry into force

  10. Signature

    1. ANNEX I

      FISHING OPPORTUNITIES APPLICABLE TO COMMUNITY FISHING VESSELS IN AREAS WHERE CATCH LIMITATIONS EXIST AND FOR THIRD COUNTRIES VESSELS IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)

      1. All catch limitations set out in this Annex shall be...

      2. Within each area, fish stocks are referred to following the...

    2. ANNEX IA

      BALTIC SEA

      1. All TACs in this area, except for plaice and cod...

    3. ANNEX IB

      SKAGERRAK, KATTEGAT, NORTH SEA AND WESTERN COMMUNITY WATERS

      1. Special conditions:

      2. Special conditions:

      3. Special conditions:

      4. Special conditions:

      5. Special conditions:

      6. Special conditions:

      7. Special conditions:

      8. Special conditions:

      9. Special conditions:

      10. Special conditions:

      11. Special conditions:

      12. Special conditions:

      13. Special conditions:

      14. Special conditions:

      15. Special conditions:

    4. ANNEX IC

      NORTH EAST ATLANTIC AND GREENLAND ICES

      1. Special conditions:

    5. ANNEX ID

      NORTH WEST ATLANTIC

      1. All TACs and associate conditions are adopted in the framework...

    6. ANNEX IE

      HIGHLY MIGRATORY FISH

      1. TACS in this area are adopted in the framework of...

    7. ANNEX IF

      ANTARCTIC

      1. These TACs, adopted by CCAMLR, are not allocated to the...

    8. ANNEX II

      SPECIAL MEASURES CONCERNING UNSORTED LANDINGS IN SUB-AREAS IIa (EC WATERS), III, IV AND VIId

      1. It shall be prohibited to land catches which are unsorted....

    9. ANNEX III

      TRANSITIONAL TECHNICAL AND CONTROL MEASURES

      1. PART A BALTIC SEA

        1. Section 1 Cod fishery

          1. 1. Conditions for certain gears authorised for cod fishery in the...

            1. 1.1. Towed nets

              1. 1.1.1. Without exit windows

              2. 1.1.2. With exit windows

              3. 1.1.3. One net rule

            2. 1.2. Gillnets

          2. 2. By-catch of cod in the Baltic Sea

            1. 2.1. By way of derogation from the provisions of Article 3(4)...

            2. 2.2. However, by way of derogation from the provisions of Article...

            3. 2.3. By-catches of cod may not exceed 10 % when fishing for...

          3. 3. Minimum size for cod in the Baltic Sea

          4. 4. Summer ban for Baltic cod

          5. 5. Restrictions for fishing for cod in the Baltic Sea

          6. 6. Interim and additional conditions for monitoring, inspection and surveillance in...

            1. 6.1. General provisions

              1. 6.1.1. The monitoring inspection and surveillance programme for cod stocks in...

              2. 6.1.2. The National control action programme for cod stocks may be...

            2. 6.2. Special Conditions for fishing for cod in the Baltic Sea...

              1. 6.2.1. All vessels of overall length equal to or greater than...

              2. 6.2.2. Each Member State shall establish a list of vessels holding a special...

              3. 6.2.3. The master of a fishing vessel, or his representative, to which...

            3. 6.3. National Control Action programmes

              1. 6.3.1. Each Member State concerned shall define a national control action programme...

              2. 6.3.2. The Commission shall convene at least once in 2005 a meeting...

            4. 6.4. Monitoring, inspection and surveillance to be adopted by Member States...

              1. 6.4.1. Each Member State concerned shall transmit to the Commission within...

              2. 6.4.2. Notwithstanding Article 6(4) of Regulation (EEC) No 2847/93, the masters...

              3. 6.4.3. By way of derogation from Article 5 of Regulation (EEC) No...

              4. 6.4.4. For cod landed in a designated port, representative samples, amounting to...

              5. 6.4.5. Notwithstanding Article 19a 1a) of Regulation (EEC) No 2847/93, Articles...

              6. 6.4.6. In accordance with the provisions of Article 13 of Regulation...

              7. 6.4.7. Member States may implement alternative control measures to ensure compliance...

              8. 6.4.8. By way of derogation from Article 13 of Regulation (EEC) No...

              9. 6.4.9. By way of derogation from Article 34(c)(1) of Regulation (EEC)...

            5. 6.5. Joint Surveillance and Exchange of inspectors

              1. 6.5.1. The Member States concerned shall undertake joint inspection and surveillance...

              2. 6.5.2. A meeting of the competent national inspection authorities shall be...

              3. 6.5.3. The Member States concerned shall ensure that inspectors from other...

              4. 6.5.4. Inspectors from the Commission may participate in these exchanges and...

        2. Section 2 Gulf of Riga

          1. 7. Specific provisions for the Gulf of Riga

            1. 7.1. Special fishing permit

              1. 7.1.1. In order to exercise fishing activities in the Gulf of...

              2. 7.1.2. Member States shall ensure that vessels to which a special fishing...

            2. 7.2. Replacement of vessels or engines

              1. 7.2.1. Any individual vessel on the list referred to in point...

              2. 7.2.2. An engine of any individual vessel included in the list...

      2. PART B SKAGERRAK AND KATTEGAT

        1. 8. Technical conservation measures in the Skagerrak and in the Kattegat...

      3. PART C ICES SUB-AREAS I TO VII

        1. 9. Landing and weighing procedures for herring, mackerel and horse mackerel...

          1. 9.1. Scope

            1. 9.1.1. The following procedures shall apply to landings in the European...

          2. 9.2. Designated ports

            1. 9.2.1. Landings referred to in point 9.1 are only permitted in...

            2. 9.2.2. Each Member State concerned shall transmit to the Commission changes...

          3. 9.3. Entry to port

            1. 9.3.1. The master of a fishing vessel referred to in point...

          4. 9.4. Discharge

            1. 9.4.1. The competent authorities of the Member State concerned shall require...

          5. 9.5. Logbook

            1. 9.5.1. By way of derogation from the provisions of point 4.2...

          6. 9.6. Weighing of fresh fish

            1. 9.6.1. All buyers purchasing fresh fish shall ensure that all quantities...

            2. 9.6.2. When determining the weight any deduction for water shall not...

          7. 9.7. Weighing of fresh fish after transport

            1. 9.7.1. By way of derogation from point 9.6.1, Member States may...

          8. 9.8. Invoice

            1. 9.8.1. In addition to the obligations set out in Article 9(1)...

            2. 9.8.2. Any such invoice or document shall include the information required...

          9. 9.9. Weighing of frozen fish

            1. 9.9.1. All buyers or holders of frozen fish shall ensure that...

            2. 9.9.2. Alternatively, the weight of frozen fish packed in boxes may...

          10. 9.10. Weighing facilities

            1. 9.10.1. In cases where publicly operated weighing facilities are used the...

            2. 9.10.2. In cases where privately operated weighing facilities are used the...

          11. 9.11. Access by competent authorities

          12. 9.12. Cross-checks

            1. 9.12.1. The competent authorities shall carry out administrative cross-checks on all...

          13. 9.13. Full inspection

            1. 9.13.1. The competent authorities of a Member State shall ensure that...

            2. 9.13.2. All inspection activities covered by point 9 shall be documented....

        2. 10. Fishing for herring in area IIa (EC waters)

        3. 11. Conditions for landing of herring for industrial purposes

        4. 12. Restrictions on fishing for Cod

        5. 13. Closure of an area for sandeel fisheries

        6. 14. Rockall Haddock box

        7. 15. Technical conservation measures in the Irish Sea

      4. PART D ICES SUB-AREAS VIII, IX AND X

        1. 16. Trawling ban in waters around the Azores, the Canary Islands...

      5. PART E MEDITERRANEAN

        1. 17. Technical conservation measures in the Mediterranean

      6. PART F EASTERN PACIFIC OCEAN

        1. 18. Purse seines in the Eastern Pacific Ocean (Regulatory Area of...

      7. PART G EASTERN ATLANTIC AND MEDITERRANEAN SEAS

        1. 19. Minimum size for bluefin tuna in the East Atlantic and...

        2. 20. Minimum size for bigeye tuna

        3. 21. Restrictions on the use of certain types of vessels and...

        4. 22. Measures concerning sport and recreational fishing activities in the Mediterranean...

        5. 23. Sampling plan for bluefin Tuna

        6. 24. Interim measures for the protection of vulnerable deep-water habitats

      8. PART H DEEP-SEA SPECIES

      9. PART I NORTH-EAST ATLANTIC

      10. PART J CECAF

      11. Appendix 1 to Annex III

        1. Specifications of top window codend ‘BACOMA’

        2. Size of the codend, extension piece and the rear end...

        3. Location of the window

        4. Size of the window

        5. The netting of the window

        6. Other specification

        7. Figure 1

        8. Figure 2

        9. Figure 3

        10. Figure 4a Lower panel

        11. Figure 4b Upper panel (without diamond meshes between selvedge and square mesh panel) The...

        12. Figure 4c Upper panel (with diamond meshes between selvedge and square mesh panel) The...

      12. Appendix 2 to Annex III

        Special Conditions for fishing for Cod in the Baltic Sea

        1. Only vessels holding a special fishing permit are authorised to land...

      13. Appendix 3 to Annex III

        Towed Gears: Skagerrak and Kattegat

        1. Only within four miles from the baselines. Outside four miles...

      14. Appendix 4 to Annex III

        Shrimp trawl toggle chains: NAFO area

        1. Toggle chains are chains, ropes, or a combination of both,...

        2. The attached sketch shows how to measure the toggle chain...

      15. Appendix 5 to Annex III

        1. List of vessels that have been confirmed by NEAFC as...

    10. ANNEX IVa

      FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS

      1. General provisions

        1. 1. The conditions laid down in this Annex shall apply to...

        2. 2. For the purposes of this Annex, the following geographical area...

        3. 3. For the purposes of this Annex, a day present within the...

        4. 4. For the purpose of this Annex, the following groupings of...

      2. Fishing effort

        1. 5. Each Member State shall ensure that, when carrying on board...

        2. 6. The maximum number of days in any calendar month for...

        3. 7. Before the first day of each management period the master...

        4. 8. A vessel which is present within any of the areas...

        5. 9. In any given management period a vessel that has used the...

        6. 10. A Member State may permit any of its fishing vessels to...

        7. 11. A vessel with no track record of fishing in one...

        8. 12. A Member State shall not permit fishing with a gear defined in...

        9. 13. A Member State shall not count against the days allocated...

      3. Reporting obligations

        1. 14. Member States, on the basis of information used for the...

        2. 15. Member States shall communicate the data referred in point 14...

      4. Appendix 1 to Annex IVa

        1. Any vessel using this gear type shall hold a special fishing...

    11. ANNEX IVb

      FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NEPHROPS STOCK

      1. General provisions

        1. 1. The conditions laid down in this Annex shall apply to...

        2. 2. For the purposes of this Annex, the following geographical area...

        3. 3. For the purposes of this Annex, a day present within the...

        4. 4. For the purpose of this Annex, the following groupings of...

      2. Fishing effort

        1. 5. Each Member State shall ensure that, when carrying on board...

        2. 6. The maximum number of days in any calendar month for...

        3. 7. Before the first day of each management period the master...

        4. 8. In any given management period a vessel that has used the...

        5. 9. A Member State may permit any of its fishing vessels to...

        6. 10. A vessel with no track record of fishing in the area...

        7. 11. A Member State shall not permit fishing with a gear defined in...

        8. 12. A Member State shall not count against the days allocated to...

      3. Monitoring, inspection and surveillance

        1. 13. Notwithstanding Article 19a of Regulation (EEC) No 2847/93, Articles 19b,...

        2. 14. Member States may implement alternative control measures to ensure compliance...

        3. 15. The master of a Community fishing vessel or his representative wishing...

        4. 16. By way of derogation from Article 5(2) of Commission Regulation...

        5. 17. The competent authorities of a Member State shall ensure that any...

        6. 18. When quantities of hake greater than 50 kg are stowed...

        7. 19. The competent authorities of a Member State may require that any...

        8. 20. By way of derogation from Article 13 of Regulation (EEC)...

        9. 21. By way of derogation from Article 34c(1) of Regulation (EEC)...

      4. Reporting obligations

        1. 22. Member States, on the basis of information used for the...

        2. 23. Member States shall communicate the data referred in point 22...

    12. ANNEX IVc

      FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS

      1. General provisions

        1. 1. The conditions laid down in this Annex shall apply to...

        2. 2. For the purposes of this Annex, the following geographical area...

        3. 3. For the purposes of this Annex, a day present within the...

        4. 4. For the purpose of this Annex, the following groupings of...

      2. Fishing effort

        1. 5. Each Member State shall ensure that, when carrying on board...

        2. 6. The maximum number of days in any calendar month for...

        3. 7. Before the first day of each management period the master...

        4. 8. In any given management period a vessel that has used the...

        5. 9. A Member State may permit any of its fishing vessels to...

        6. 10. A vessel with no track record of fishing in the area...

        7. 11. A Member State shall not permit fishing with a gear defined in...

        8. 12. A Member State shall not count against the days allocated to...

      3. Monitoring, inspection and surveillance

        1. 13. Notwithstanding Article 19a of Regulation (EEC) No 2847/93, Articles 19b,...

        2. 14. Member States may implement alternative control measures to ensure compliance...

        3. 15. The master of a Community fishing vessel or his representative wishing...

        4. 16. By way of derogation from Article 5(2) of Commission Regulation...

        5. 17. When quantities of sole greater than 50 kg are stowed...

        6. 18. The competent authorities of a Member State shall ensure that any...

        7. 19. The competent authorities of a Member State may require that any...

        8. 20. By way of derogation from Article 13 of Regulation (EEC)...

        9. 21. By way of derogation from Article 34c(1) of Regulation (EEC)...

      4. Reporting obligations

        1. 22. Member States, on the basis of information used for the...

        2. 23. Member States shall communicate the data referred in point 22...

    13. ANNEX V

      FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN THE NORTH SEA AND THE SKAGERRAK

      1. 1. From 1 January to 31 December 2005, the conditions laid...

      2. 2. For the purposes of this Annex a day absent from...

      3. 3. Each Member State concerned shall, not later than 1 March...

      4. 4. The following quantities shall be calculated by each Member State:...

      5. 5. Each Member State shall ensure that the number of kilowatt-days...

      6. 6. The maximum number of kilowatt-days referred to in point 5...

    14. ANNEX VI

      1. PART I QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR COMMUNITY VESSELS FISHING IN THIRD COUNTRY WATERS

      2. PART II QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR THIRD COUNTRY VESSELS IN COMMUNITY WATERS

      3. PART III DECLARATION PURSUANT TO ARTICLE 15 (2)

    15. ANNEX VII

      1. PART I INFORMATION TO BE RECORDED IN THE LOGBOOK

        1. After each haul:

          1. 1.1. the quantity (in kilograms live-weight) of each species caught;

          2. 1.2. the date and the time of the haul;

          3. 1.3. the geographical position in which the catches were made;

          4. 1.4. the fishing method used.

        2. After each trans-shipment to or from another vessel:

          1. 2.1. the indication ‘received from’ or ‘transferred to’;

          2. 2.2. the quantity (in kilograms live-weight) of each species trans-shipped;

          3. 2.3. the name, external identifications letters and numbers of the vessel...

          4. 2.4. trans-shipment of cod is not allowed.

        3. After each landing in a port of the Community:

          1. 3.1. name of the port;

          2. 3.2. the quantity (in kilograms live-weight) of each species landed.

        4. After each transmission of information to the Commission of the...

          1. 4.1. date and time of the transmission;

          2. 4.2. type of message: IN, OUT, ICES, WKL or 2 WKL;...

          3. 4.3. in the case of radio transmission: name of the radio...

      2. PART II LOG-BOOK MODEL

    16. ANNEX VIII

      CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION

      2. 1.1. On each occasion the vessel enters the 200-nautical-mile zone off...

      3. 1.2. On each occasion the vessel leaves the zone referred to...

      4. 1.3. At three-day intervals, commencing on the third day after the...

      5. 1.4. On each occasion the vessel moves from one ICES division...

      6. 1.5. the name, call sign, external identification letters and numbers of...

      7. 2.1. The information specified under point 1 shall be transmitted to...

      8. 2.2. If it is impossible for reasons of force majeure for...

      9. 3. Name of radio station Call sign of radio station Lyngby...

      10. 4. Form of the communications

      11. 5. Code to be used to indicate the species on board...

    17. ANNEX IX

      LIST OF SPECIES

    18. ANNEX X

      1. AUTHORISED TOPSIDE CHAFERS

        1. 1. ICNAF-type topside chafer

        2. 2. Multiple flap-type topside chafer

      2. POLISH CHAFER

        1. 3. Large-mesh (modified Polish-type) topside chafer

    19. ANNEX XI

    20. ANNEX XII

      RECORDING OF CATCH (LOGBOOK ENTRIES)

      1. FISHING LOGBOOK ENTRIES

      2. GEAR CODES

      3. FISHING VESSEL CODES

        1. A. Main Vessel Types

        2. B. Main vessel activities

    21. ANNEX XIII

      NAFO AREA

      1. The list that follows is a partial list of stocks that...

    22. ANNEX XIV

      PROHIBITION OF DIRECTED FISHING IN CCAMLR AREA

    23. ANNEX XV

      CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2004/2005

      1. Rules for catch limits for by-catch species per SSRU, applicable...

      2. In Annex I, page 57, after the table for ‘Species:...

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