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

Twenty percent of diamond meshes in the upper panel along a perpendicular row running from one selvedge to another may be maintained. For example (as in figure 3) if the upper panel were 30 open meshes wide, 20 % of that would be 6 meshes. Then three open meshes are divided on both sides of the window panel. Consequently the width of the window panel then becomes 12 mesh bars (30 – 6 = 24 diamond meshes divided by two is 12 mesh bars).

Figure 4a

Lower panel

Showing the construction of lower panel made of 49,5 meshes deep netting

Figure 4b

Upper panel

(without diamond meshes between selvedge and square mesh panel)

The construction of upper panel, size and position of the window panel in case when the escape panel runs from selvedge to selvedge

Figure 4c

Upper panel

(with diamond meshes between selvedge and square mesh panel)

The construction of upper panel in case 20 % of diamond meshes in the upper panel are maintained and equally divided on both sides of the window

Appendix 2 to Annex III

1.Only vessels holding a special fishing permit are authorised to land cod from the Baltic Sea.

2.The competent authorities of a Member State in which a landing requiring pre-notification is to be made may require that the discharge of catch retained on board does not commence until authorised by those authorities.

3.The master of a fishing vessel, or his representative, to which a Member State has issued a special permit for fishing for cod in the Baltic Sea shall comply with the following conditions: (i)a copy of the special permit for fishing for cod in the Baltic Sea shall be kept on board the fishing vessel; (ii)before leaving or entering the Baltic Sea area, notify the authorities of the flag Member State of the date, time and place of exit or entry, and not commence any new fishing trip until all catches have been landed; (iii)not trans-ship any fish at sea; (iv)not transit within the areas closed for cod fishing unless the fishing gear on board is securely lashed and stowed; (v)when retaining more than 300 kg of cod on board, inform the relevant authorities at least two hours in advance of any entry to a port or landing location of a Member State of the name of the port or landing location, the estimated time of arrival at that port or landing location, and the quantities in kilogrammes live weight of cod; (vi)make landings of cod exclusively at designated ports when retaining more than 750 kg of cod live weight on board; (vii)notwithstanding Article 8 of Regulation (EEC) No 2847/93, submit the relevant logbook sheet(s) to the national authorities prior to the commencement of the discharge of the catches retained on board.

Appendix 3 to Annex III

Species	Mesh size range (millimetres)
< 16	16-31	32-69	35-69	70-89 (5)	≥ 90
Minimum percentage of target species
50 % (6)	50 % (6)	20 % (6)	50 % (6)	20 % (6)	20 % (7)	30 % (8)	none
Sandeel (Ammodytidae) (3)	x	x	x	x	x	x	x	x
Sandeel (Ammodytidae) (4)		x		x	x	x	x	x
Norway pout (Trisopterus esmarkii)		x		x	x	x	x	x
Blue whiting (Micromesistius poutassou)		x		x	x	x	x	x
Greater weever (Trachinus draco) (1)		x		x	x	x	x	x
Molluscs (except Sepia) (1)		x		x	x	x	x	x
Garfish (Belone belone) (1)		x		x	x	x	x	x
Gray gurnard (Eutrigla gurnardus) (1)		x		x	x	x	x	x
Argentine (Argentina spp.)				x	x	x	x	x
Sprat (Sprattus sprattus)		x		x	x	x	x	x
Eel (Anguilla, anguilla)			x	x	x	x	x	x
Common shrimp/Baltic shrimp (Crangon spp., Palaemon adspersus) (2)			x	x	x	x	x	x
Mackerel (Scomber spp.)				x			x	x
Horse mackerel (Trachurus spp.)				x			x	x
Herring (Clupea harengus)				x			x	x
Northern shrimp (Pandalus borealis)						x	x	x
Common shrimp/Baltic shrimp (Crangon spp. Palaemon adspersus) (1)					x		x	x
Whiting (Merlangius merlangus)							x	x
Norway lobster (Nephrops norvegicus)							x	x
All other marine organisms								x
(1)Only within four miles from the baselines. (2)Outside four miles from the baselines. (3)From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat. (4)From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat. (5)When applying this mesh size range the codend and the extension piece shall be constructed of square meshed netting with a sorting grid. (6)The catch retained on board shall consist of no more than 10 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster. (7)The catch retained on board shall consist of no more than 50 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, herring, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster. (8)The catch retained on board shall consist of no more than 60 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, megrim, whiting, dab, saithe and lobster.

Appendix 4 to Annex III

Toggle chains are chains, ropes, or a combination of both, which attach the footrope to the fishing line or bolchline at varying intervals. The terms ‘fishing line’ and ‘bolchline’ are interchangeable. Some vessels use one line only; others use both a fishing line and a bolchline as shown in the sketch. The toggle chain length shall be measured from the center of the chain or wire running through the footrope (center of footrope) to the underside of the fishing line.

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

Appendix 5 to Annex III

List of vessels that have been confirmed by NEAFC as having engaged in illegal, unreported and unregulated fisheries

Vessel’s name	Flag State
FONTENOVA	Panama
IANNIS	Panama
LANNIS I	Panama
LISA	Commonwealth of Dominica
KERGUELEN	Togo
OKHOTINO	Commonwealth of Dominica
OLCHAN	Commonwealth of Dominica
OSTROE	Commonwealth of Dominica
OSTROVETS	Commonwealth of Dominica
OYRA	Commonwealth of Dominica
OZHERELYE	Commonwealth of Dominica

ANNEX IVa

General provisions

Kattegat (ICES Division IIIa south), Skagerrak and North Sea, (ICES Divisions IVa,b,c, IIIa north and IIa EC), West of Scotland (ICES Division VIa), Eastern Channel (ICES Divisions VIId), Irish Sea (ICES Division VIIa). For vessels notified to the Commission as being equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003, the following definition for the area West of Scotland shall apply: ICES Division VIa excluding that part which lies to the west of a line drawn by sequentially joining with straight lines the following geographical coordinates:

(a)the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period during which a vessel is present within the area defined in point 2 and absent from port, or (b)any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within the area defined in point 2 and absent from port or any part of any such time period. A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under point (b) shall notify the Commission before 1 February 2005 of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in point (b).

(a)demersal trawls, seines or similar towed gears of mesh size equal to or greater than 100 mm except beam trawls for all areas except Kattegat and Skagerrak where this mesh size shall be equal to or greater than 90mm; (b)beam trawls of mesh size equal to or greater than 80 mm; (c)static demersal nets including gill nets, trammel nets and tangle nets; (d)demersal longlines; (e)demersal trawls, seines or similar towed gears of mesh size between 70 mm and 99 mm except beam trawls with mesh size between 80 mm and 99 mm for all areas except Kattegat and Skagerrak where this mesh size shall be between 70 mm and 89 mm; (f)demersal trawls, seines or similar towed gears of mesh size between 16 mm and 31 mm except beam trawls.

Fishing effort

6.	(a)The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I. A day spent absent from port and present within the area defined in point 2 of this Annex shall also count against the total number of days allowable for the area defined in point 2 of Annex IVc for a vessel operating with the same gear categories. Where a vessel crosses between two areas on a fishing trip the day shall be counted against the area in which the largest proportion of time was spent during that day. Table I — Maximum days present within the area and absent from port by fishing gear Area defined in point 2: Grouping of fishing gears referred to in point: 4a 4b 4c 4d 4e 4f Kattegat, North Sea and Skagerrak, Eastern Channel, West of Scotland and Irish Sea 9 13 13 16 21 19 However the maximum number of days in any calendar month for which a vessel may be present within any of the following sub-areas and absent from port having carried on board the fishing gear referred to in point 4(a) shall be: (i)West of Scotland: 8; (ii)Irish Sea: 10. (b)A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months. (c)An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since1 January 2002 in accordance with Article 7 of Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (34). The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2001. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of the permanent cessations of fishing activities in question. On the basis of such a request the Commission may amend the number of days defined in point (a) for that Member State in accordance with the procedure laid down in Article 30 of Regulation (EC) No 2371/2002. The additional number of days allocated by the Commission to a Member State in 2004 in accordance with point 6(c) of Annex V of Regulation (EC) No 2287/2003 remain allocated in 2005. (d)Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II. Member States wishing to apply that higher allocation of days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the higher allocation of days are to be granted. Table II — Derogations from days present within the area and absent from port in Table I and associated conditions Area Gear defined in point 4 2002 vessel track record (1) Days Area defined in point 2 4(a), 4(e) Less than 5 % of each of cod, sole and plaice No days restriction (2) Area defined in point 2 4(a), 4(b) Less than 5 % cod 100 to < 120 mm up to 13 ≥ 120 mm up to 14 Kattegatt and North Sea 4(c) gear of mesh size equal to or greater than 220 mm Less than 5 % cod and more than 5 % of turbot and lumpfish Up to 15 days Kattegatt and Skagerrak 4(a) gear with 120 mm square mesh window (3) n/a 12 days Eastern Channel 4(c) trammel nets of mesh size equal to or less than 110 mm Vessels absent from port for no more than 24 hours 19 days (1)As verified by the EC logbook — average annual landing in live weight. (2)The vessel may be present within the area for the number of days in the month concerned. (3)Vessels subject to this derogation shall comply with the conditions laid down in Appendix 1 to this Annex. If that higher allocation of days is given to a vessel, as a result of its low percentage track record of catch of certain species, that vessel shall not at any time retain more than the percentage of those species on board as shown in Table II nor shall they tranship any fish at sea  to another vessel. When either of these conditions are not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days. (e)One additional day on which a vessel may be present within the area and absent from port when carrying on board fishing gears referred to in point 4(a) of mesh size greater than 120 mm may be allocated to a Member State by the Commission, on the basis of a request from that Member State, on the condition that the Member State concerned has developed a system of automatic suspensions of fishing licences in respect of infringements. During a management period when a vessel is making use of this provision, that vessel may not at any time carry on board any fishing gear of mesh size less than or equal to 120 mm. (f)In recognition of the area closure in the Irish Sea for the protection of spawning fish and the assumed reduction in fishing mortality on cod, an additional one day will be granted for vessels in groupings of fishing gears 4(a) and 4(b) which spend more than half their allocated days in a given management period fishing in the Irish Sea.
Area defined in point 2:	Grouping of fishing gears referred to in point:
4a	4b	4c	4d	4e	4f
Kattegat, North Sea and Skagerrak, Eastern Channel, West of Scotland and Irish Sea	9	13	13	16	21	19
Area	Gear defined in point 4	2002 vessel track record (1)	Days
Area defined in point 2	4(a), 4(e)	Less than 5 % of each of cod, sole and plaice	No days restriction (2)
Area defined in point 2	4(a), 4(b)	Less than 5 % cod	100 to < 120 mm up to 13 ≥ 120 mm up to 14
Kattegatt and North Sea	4(c) gear of mesh size equal to or greater than 220 mm	Less than 5 % cod and more than 5 % of turbot and lumpfish	Up to 15 days
Kattegatt and Skagerrak	4(a) gear with 120 mm square mesh window (3)	n/a	12 days
Eastern Channel	4(c) trammel nets of mesh size equal to or less than 110 mm	Vessels absent from port for no more than 24 hours	19 days
(1)As verified by the EC logbook — average annual landing in live weight. (2)The vessel may be present within the area for the number of days in the month concerned. (3)Vessels subject to this derogation shall comply with the conditions laid down in Appendix 1 to this Annex.

Where the master of a vessel or his representative notifies the use of two of the groupings of fishing gears defined under point 4, the total number of days available during the forthcoming management period shall be no more than half the sum of the days to which the vessel is eligible for each gear, rounded down to the nearest whole day. It shall not be permitted to deploy either of the gears concerned for more days than the number of days laid down for that gear in Table I or in the third subparagraph of point 6(a) for the sub-area concerned. The option to use two gears shall only be available if the following additional monitoring arrangements are met: —during a given trip the fishing vessel may carry on board only one of the fishing gears referred to in point 4; —before any trip the master of a vessel or his representative shall give prior notice to the competent authorities of the type of fishing gear that is to be carried on board unless the type of fishing gear has not changed from the one notified for the previous trip. —Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above two requirements. Any vessel found to be not complying with these requirements shall with immediate effect no longer be permitted to use two groupings of fishing gears. —A vessel wishing to combine the use of one or more of the fishing gears referred to in point 4 (regulated gears) with any other fishing gears not referred to in point 4 (unregulated gears) shall not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given no gear referred to in point 4 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity.

(b)In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for that time. Such vessels shall not carry any fishing gear or fish on board during that time.

(b)The total number of days present within the area and absent from port transferred under point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record in that area as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel. When a donor vessel uses the alternative area definition of the West of Scotland as defined in point 2 its track record calculation will be based on this alternative area definition. (c)The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping and area categories referred to in point 6(a) and during the same management period. A Member State may allow a transfer of days when a licensed donor vessel has temporarily ceased its activity without public aid. (d)No transfer of days from vessels benefiting from the allocation referred to in points 6(d) and 7 is permitted. (e)On request from the Commission, Member States shall provide reports on the transfers that have taken place.

However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

Reporting obligations

15.	Member States shall communicate the data referred in point 14 to the Commission in Spread Sheet format by sending it to the appropriate mailbox address which shall be communicated to the Member States by the Commission. Table IV — Reporting format Country CFR External marking Area fished Length of management period Gear type/types notified Days eligible using this gear/gears Days spent with gear type 1 Days spent with gear type 2 Transfers of days (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Table V — Data format Name of zone Max. number of characters/digits Definition and comments (1) Country 3 Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Regulation (EC) No 2371/2002. Always the reporting country. (2) CFR 12 (Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side. (3) External marking 14 Under Commission Regulation (EEC) No 1381/87 (4) Area 1 Indicate if the vessel has been fishing in the Area referred to in point 2 of this Annex (5) Length of management period 2 Indication from 1-11 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated. (6) Gear type/types notified 2 Indication from 4(a) through to 4(f) of the gear types notified in accordance with point 4 of this Annex. (7) Days eligible using this gear/gears 3 Number of days for which this vessel is eligible under this Annex for the choice of gears and length of management period notified. (8) Days spent with gear type 1 3 Number of days for which the vessel actually spent absent from port and present within the area according to this Annex using gear type 1. (9) Days spent with gear type 2 3 Number of days for which the vessel actually spent absent from port and present within the area according to this Annex using gear type 2, if applicable. (10) Transfers of days 3 For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’
Country	CFR	External marking	Area fished	Length of management period	Gear type/types notified	Days eligible using this gear/gears	Days spent with gear type 1	Days spent with gear type 2	Transfers of days
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
Name of zone	Max. number of characters/digits	Definition and comments
(1) Country	3	Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Regulation (EC) No 2371/2002. Always the reporting country.
(2) CFR	12	(Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side.
(3) External marking	14	Under Commission Regulation (EEC) No 1381/87
(4) Area	1	Indicate if the vessel has been fishing in the Area referred to in point 2 of this Annex
(5) Length of management period	2	Indication from 1-11 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated.
(6) Gear type/types notified	2	Indication from 4(a) through to 4(f) of the gear types notified in accordance with point 4 of this Annex.
(7) Days eligible using this gear/gears	3	Number of days for which this vessel is eligible under this Annex for the choice of gears and length of management period notified.
(8) Days spent with gear type 1	3	Number of days for which the vessel actually spent absent from port and present within the area according to this Annex using gear type 1.
(9) Days spent with gear type 2	3	Number of days for which the vessel actually spent absent from port and present within the area according to this Annex using gear type 2, if applicable.
(10) Transfers of days	3	For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

Appendix 1 to Annex IVa

1.Any vessel using this gear type shall hold a special fishing permit in accordance with Article 7 of Regulation (EC) No 1627/94.

2.A copy of the special permits referred to in point 1 shall be kept on board the fishing vessel.

3.When holding the special fishing permit the vessel shall only keep on board and use a towed net with an exit window as specified point 4. The gear shall be approved by the national inspectors before commencing fishing.

(b) The window shall be at least three metres in length. The meshes shall have a minimum opening of 120 mm. The meshes shall be square meshes i.e. all four sides of the window netting will be cut all bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the cod-end. (c)The netting of square-meshed panel shall be knotless single twine. The window shall be inserted in such a way that the meshes remain fully open at all times when fishing. The window shall not be obstructed in any way by either internal or external attachments.

ANNEX IVb

General provisions

Iberian Peninsula, Atlantic coast (ICES Divisions VIIIc and IXa) with the exception of Gulf of Cadiz.

(a)the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period during which a vessel is present within the area defined in point 2 and absent from port, or (b)any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within the area defined in point 2 and absent from port or any part of any such time period. A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under point (b) shall notify the Commission before 1 February 2005 of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in point (b).

(a)Bottom trawl of mesh size > 55 mm; (b)Bottom long-lines; (c)Gill-nets of mesh size > 60 mm; (d)Gill-nets of mesh size equal to or greater than 80 mm; (e)Trawl of mesh size between 31 mm and 54 mm.

Fishing effort

6.	(a)The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I. Table I — Maximum days present within the area and absent from port by fishing gear Area defined in point: Grouping of fishing gears referred to in point: 4a 4b 4c 4d 4e 4f 2 Iberian Peninsula, Atlantic coast (ICES Divisions VIIIc and IXa) 22 22 22 22 22 22 (b)A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months. (c)An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004 in accordance with Article 7 of Council Regulation (EC) No 2792/1999. Any vessels that can be shown to have been definitively withdrawn from the area specified in point 2 may also be considered. The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2003. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of permanent cessations of fishing activities in question. On the basis of such a request the Commission may amend the number of days defined in point (a) for that Member State in accordance with the procedure laid down in Article 30 of Regulation (EC) No 2371/2002. (d)Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II. Member States wishing to apply this higher allocation of days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the higher allocation of days are to be granted. Table II — Derogations from days present within the area and absent from port in Table I and associated conditions Area Defined in point 2 Gear defined in point 4 2001, 2002 and 2003 vessel track record (1) Days 2 4(a) to 4(f) Less than 5 tonnes of hake in all years no days restriction (2) (1)As verified by the EC logbook — average annual landing in live weight. (2)The vessel may be present within the area for the number of days in the month concerned. If this higher allocation of days is given to a vessel, as a result of its low hake track record, that vessel's landing shall not in 2005 exceed 5 tonnes live weight of hake nor shall they tranship any fish at sea to another vessels. When either of these conditions are not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.
Area defined in point:	Grouping of fishing gears referred to in point:
4a	4b	4c	4d	4e	4f
2 Iberian Peninsula, Atlantic coast (ICES Divisions VIIIc and IXa)	22	22	22	22	22	22
Area Defined in point 2	Gear defined in point 4	2001, 2002 and 2003 vessel track record (1)	Days
2	4(a) to 4(f)	Less than 5 tonnes of hake in all years	no days restriction (2)
(1)As verified by the EC logbook — average annual landing in live weight. (2)The vessel may be present within the area for the number of days in the month concerned.

A vessel wishing to combine the use of one or more of the fishing gears referred to in point 4 (regulated gears) with any other fishing gears not referred to in point 4 (unregulated gears) will not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given no gear referred to in point 4 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity.

(b)In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.

(b)The total number of days present within the area and absent from port transferred under sub-point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record in the area as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel. (c)The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping referred to in point 6(a) and during the same management period. (d)No transfer of days from vessels benefiting from the allocation referred to in points 6(d) is permitted. (e)On request from the Commission, Member States shall provide reports on the transfers that have taken place.

However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

Monitoring, inspection and surveillance

Reporting obligations

23.	Member States shall communicate the data referred in point 22 to the Commission in spreadsheet format by sending it to the appropriate mailbox address which shall be communicated to the Member States by the Commission. Table IV — Reporting format Country CFR External marking Area fished Length of management period Gear type/types notified Days eligible using this gear Days spent with this gear type Transfers of days (1) (2) (3) (4) (5) (6) (7) (8) (9) Table V — Data format Name of zone Max. number of characters/digits Definition and comments (1) Country 3 Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. Always the reporting country. (2) CFR 12 (Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side. (3) External marking 14 Under Commission Regulation (EEC) No 1381/87 (4) Area 1 Indicate if the vessel has been fishing in Area 2(a) or 2(b) of this Annex (5) Length of management period 2 Indication from 1-12 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated. (6) Gear type/types notified 2 Indication from 4(a) through to 4(g) of the gear types notified in accordance with point 4 of this Annex. (7) Days eligible using this gear 3 Number of days for which the vessel is eligible under this Annex for the choice of gears and length of management period notified. (8) Days spent with this gear type 3 Number of days for which the vessel actually spent absent from port and present within the area according to this Annex. (9) Transfers of days 3 For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’
Country	CFR	External marking	Area fished	Length of management period	Gear type/types notified	Days eligible using this gear	Days spent with this gear type	Transfers of days
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
Name of zone	Max. number of characters/digits	Definition and comments
(1) Country	3	Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. Always the reporting country.
(2) CFR	12	(Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side.
(3) External marking	14	Under Commission Regulation (EEC) No 1381/87
(4) Area	1	Indicate if the vessel has been fishing in Area 2(a) or 2(b) of this Annex
(5) Length of management period	2	Indication from 1-12 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated.
(6) Gear type/types notified	2	Indication from 4(a) through to 4(g) of the gear types notified in accordance with point 4 of this Annex.
(7) Days eligible using this gear	3	Number of days for which the vessel is eligible under this Annex for the choice of gears and length of management period notified.
(8) Days spent with this gear type	3	Number of days for which the vessel actually spent absent from port and present within the area according to this Annex.
(9) Transfers of days	3	For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

ANNEX IVc

General provisions

Western Channel (ICES Division VIIe).

(a)the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period during which a vessel is present within the area defined in point 2 and absent from port, or (b)any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within the area defined in point 2 and absent from port or any part of any such time period. A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under point (b) shall notify the Commission before 1 February 2005 of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in point (b).

(a)beam trawls of mesh size equal to or greater than 80 mm; (b)static demersal nets including gill nets, trammel nets and tangle nets.

Fishing effort

6.	(a)The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I. Where a vessel crosses between two areas on a fishing trip the day shall be counted against the area in which the largest proportion of time was spent during that day. The number of days in which a vessel is present within the global area constituted by the areas defined in point 2 of this Annex and in point 2 of Annex IVa 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 defined in point 2 of Annex IVa shall comply with the maximum number fixed in accordance with Annex IVa. Table I — Maximum days present within the area and absent from port by fishing gear Area defined in point 2: Grouping of fishing gears referred to in point: 4a 4b 2. Western Channel (ICES Division VIIe) 20 20 (b)A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months. (c)An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004 in accordance with Article 7 of Regulation (EC) No 2792/1999. The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2003. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of the permanent cessations of fishing activities in question. On the basis of such a request the Commission may amend the number of days defined in point (a) for that Member State in accordance with the procedure laid down in Article 30 of Regulation (EC) No 2371/2002.
Area defined in point 2:	Grouping of fishing gears referred to in point:
4a	4b
2. Western Channel (ICES Division VIIe)	20	20

(b)In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for that time. Such vessels shall not carry any fishing gear or fish on board during that time.

(b)The total number of days present within the area and absent from port transferred under point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record in the area as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel. (c)The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping referred to in point 6(a) and during the same management period. (d)On request from the Commission, Member States shall provide reports on the transfers that have taken place.

However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

Monitoring, inspection and surveillance

Reporting obligations

23.	Member States shall communicate the data referred in point 22 to the Commission in Spread Sheet format by sending it to the appropriate mailbox address which shall be communicated to the Member States by the Commission. Table IV — Reporting format Country CFR External marking Area fished Length of management period Gear type/types notified Days eligible using this gear Days spent with this gear type Transfers of days (1) (2) (3) (4) (5) (6) (7) (8) (9) Table V — Data format Name of zone Max. number of characters/digits Definition and comments (1) Country 3 Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Regulation (EC) No 2371/2002. Always the reporting country. (2) CFR 12 (Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side. (3) External marking 14 Under Commission Regulation (EEC) No 1381/87 (4) Area 1 Indicate if the vessel has been fishing in Area 2(a) or 2(b) of this Annex (5) Length of management period 2 Indication from 1-12 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated. (6) Gear type/types notified 2 Indication from 4(a) through to 4 (g) of the gear types notified in accordance with point 4 of this Annex. (7) Days eligible using this gear 3 Number of days for which this vessel is eligible under this Annex for the choice of gears and length of management period notified. (8) Days spent with this gear type 3 Number of days for which the vessel actually spent absent from port and present within the area according to this Annex. (9) Transfers of days 3 For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’
Country	CFR	External marking	Area fished	Length of management period	Gear type/types notified	Days eligible using this gear	Days spent with this gear type	Transfers of days
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
Name of zone	Max. number of characters/digits	Definition and comments
(1) Country	3	Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Regulation (EC) No 2371/2002. Always the reporting country.
(2) CFR	12	(Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side.
(3) External marking	14	Under Commission Regulation (EEC) No 1381/87
(4) Area	1	Indicate if the vessel has been fishing in Area 2(a) or 2(b) of this Annex
(5) Length of management period	2	Indication from 1-12 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated.
(6) Gear type/types notified	2	Indication from 4(a) through to 4 (g) of the gear types notified in accordance with point 4 of this Annex.
(7) Days eligible using this gear	3	Number of days for which this vessel is eligible under this Annex for the choice of gears and length of management period notified.
(8) Days spent with this gear type	3	Number of days for which the vessel actually spent absent from port and present within the area according to this Annex.
(9) Transfers of days	3	For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

ANNEX V

(a)the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period, or (b)any continuous period of 24 hours as recorded in the EC logbook between the date and time of departure and the date and time of arrival or any part of any such time period.

(a)the name and internal registration number of the vessel; (b)the installed engine power of the vessel in kilowatts measured in accordance with Article 5 of Regulation (EEC) No 2930/86; (c)the number of days absent from port when fishing with demersal trawl, seine or similar towed gear with a mesh size of less than 16 mm; (d)the kilowatt-days as the product of the number of days absent from port and the installed engine power in kilowatts.

(a)the total kilowatt-days for each year as the sum of the kilowatt-days calculated in paragraph 3(d); (b)the average kilowatt-days for the period 2002 to 2004.

(a)where STECF estimates the size of the 2004 year class of North Sea sandeel to be at or above 500 000 million individuals at age 0, no restrictions in kilowatt-days shall apply for the remaining of 2005; (b)where STECF estimates the size of the 2004 year class of North Sea sandeel to be between 300 000 million and 500 000 million individuals at age 0, the number of kilowatt-days shall not exceed the level in 2003 as calculated in point 4(a); (c)where STECF estimates the size of the 2004 year class of North Sea sandeel to be below 300 000 million individuals at age 0, fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited for the remaining of 2005. However, a limited fishery will be allowed in order to monitor the sandeel stocks in the North Sea and the Skagerrak and the effects of the closure. To this end the Member States concerned shall in cooperation with the Commission develop a plan for the monitoring fishery.

ANNEX VI

PART I

QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR COMMUNITY VESSELS FISHING IN THIRD COUNTRY WATERS

Area of fishing	Fishery	Number of licences	Repartition of licences amongst Member States	Maximum number of vessels present at any time
Norwegian waters and fishery zone around Jan Mayen	Herring, North of 62° 00' N	75	DK: 26, DE: 5, FR: 1, IRL: 7, NL: 9, SW: 10, UK: 17	55
Demersal species, North of 62° 00' N	80	FR: 18, PT: 9, DE: 16, ES: 20, UK: 14, IRL: 1	50
Mackerel, South of 62° 00' N, purse seine fishery	11	DE: 1 (1), DK: 26 (1), FR: 2 (1), NL: 1 (1)	not relevant
Mackerel, South of 62° 00' N, trawl fishery	19		not relevant
Mackerel, North of 62° 00' N, purse seine fishery	11 (2)	DK: 11	not relevant
Industrial species, South of 62° 00' N	480	DK: 450, UK: 30	150
Waters of the Faroe Islands	All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines	26	BE: 0, DE: 4, FR: 4, UK: 18	13
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' W	8 (3)		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.	70	BE: 0, DE: 10, FR: 40, UK: 20	26
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.	70	DE: 8 (4), FR: 12 (4), UK: 0 (4)	20 (5)
Directed trawl fishery for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend.	70		22 (5)
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’	34	DE: 3, DK: 19, FR: 2, UK: 5, NL: 5	20
Line fishing	10	UK: 10	6
Fishing for mackerel	12	DK: 12	12
Herring fisheries north of 62° N	21	DE: 1, DK: 7, FR: 0, UK: 5, IRL: 2, NL: 3, SW: 3	21
Iceland	All fisheries	18		5
Waters of the Russian Federation	All fisheries	pm		pm
Fisheries for cod	7 (6)		pm
Fisheries for sprat	pm		pm
(1)This allocation is valid for purse and trawl fisheries. (2)To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00' N. (3)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’. (4)These figures refer to the maximum number of vessels present at any time. (5)These figures are included in the figures for ‘Trawling outside 21 miles from the Faroese baselines’. (6)Applies only to vessels flying the flag of Latvia.

PART II

QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR THIRD COUNTRY VESSELS IN COMMUNITY WATERS

Flag State	Fishery	Number of licences	Maximum number of vessels present at any time
Norway	Herring, North of 62°00′N	18	18
Faroe Islands	Mackerel, VIa (north of 56°30′N), VIIe,f,h, horse mackerel, IV, VIa (north of 56°30′N), VIIe,f,h; herring, VIa (north of 56°30′N)	14	14
Herring north of 62°00′N	21	21
Herring, IIIa	4	4
Industrial fishing for Norway pout and sprat, IV, VIa (north of 56°30′N): sandeel, IV (including unavoidable by-catches of blue whiting)	15	15
Ling and tusk	20	10
Blue whiting, VIa (north of 56°30′N), VIb, VII (west of 12°00′W)	20	20
Blue ling	16	16
Porbeagle (all zones except NAFO 3PS)	3	3
Russian Federation	Herring, IIId (Swedish waters)	pm	pm
Herring, IIId (Swedish waters, non-fishing mother ships)	pm	pm
Sprat	4 (1)	pm
Barbados	Penaeus shrimps (2) (French Guyana waters)	5	pm (3)
Snappers (4) (French Guyana waters)	5	pm
Guyana	Penaeus shrimps (5) (French Guyana waters)	pm	pm (6)
Surinam	Penaeus shrimps (5) (French Guyana waters)	5	pm (7)
Trinidad and Tobago	Penaeus shrimps (5) (French Guyana waters)	8	pm (8)
Japan	Tuna (9) (French Guyana waters)	pm
Korea	Tuna (10) (French Guyana waters)	pm	pm (5)
Venezuela	Snappers (5) (French Guyana waters)	41	pm
Sharks (5) (French Guyana waters)	4	pm
(1)Applies only to the Latvian zone of EC waters. (2)The licences concerning fishing for shrimp in the waters of the French Department of Guyana shall be issued on the basis of a fishing plan submitted by the authorities of the third country concerned, approved by the Commission. The period of validity of each of these licences shall be limited to the fishing period provided for in the fishing plan on the basis of which the licence was issued. (3)The annual number of days at sea is limited to 200. (4)To be fished exclusively with long lines or traps (snappers) or long lines or mesh nets having a minimum mesh of 100 mm, at depths greater than 30 m (sharks). To issue these licences, proof must be produced that a valid contract exists between the ship owner applying for the licence and a processing undertaking situated in the French Department of Guyana, and that it includes and obligation to land at least 75 % of all snapper catches, or 50 % of all shark catches from the vessel concerned in that department so that they may be processed in that undertaking's plant. (5)Applicable from 1 January to 30 April 2005. (6)Pending the conclusion of fisheries consultations with Norway for 2005. (7)The annual number of days at sea is limited to pm. (8)The annual number of days at sea is limited to 350. (9)To be fished exclusively with longlines. (10)Of which at any given time a maximum of 10 for vessels fishing cod with gillnets.

PART III

DECLARATION PURSUANT TO ARTICLE 15 (2)

ANNEX VII

PART I

INFORMATION TO BE RECORDED IN THE LOGBOOK

When fishing is carried out within the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries, the following details are to be entered in the log-book immediately after the following events:

After each haul:

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

1.2. the date and the time of the haul;

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

1.4. the fishing method used.

After each trans-shipment to or from another vessel:

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

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

2.3. the name, external identifications letters and numbers of the vessel to or from which the trans-shipment occurred;

2.4. trans-shipment of cod is not allowed.

After each landing in a port of the Community:

3.1. name of the port;

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

After each transmission of information to the Commission of the European Communities:

4.1. date and time of the transmission;

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

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

PART II

LOG-BOOK MODEL

ANNEX VIII

The information to be transmitted to the Commission of the European Communities and the timetable for its transmission are as follows:

1.1. On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries: (a)the information specified under 1.5; (b)the quantity (in kilograms) of each species of fish in the hold; (c)the date and ICES division within which the master intends to commence fishing. Where the fishing operations necessitate more than one entry into these zones on a given day, one communication shall suffice on first entry.

1.2. On each occasion the vessel leaves the zone referred to under 1.1: (a)the information specified under 1.5; (b)the quantity (in kilograms live-weight) of each species of fish in the hold; (c)the quantity (in kilograms live-weight) of each species caught since the previous transmission; (d)the ICES division in which the catches were taken; (e)the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the vessel entered the zone and the identification of the vessel to which the transfer was made; (f)the quantity (in kilograms live-weight) of each species landed in a port of the Community since the vessel entered the zone. Where the fishing operations necessitate more than one entry into the zones referred to under 1.1 on a given day, one single communication on the last exit will be sufficient.

1.3. At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1.1 when fishing for herring and mackerel, and at weekly intervals, commencing on the seventh day after the vessel first enters the zones referred to under 1.1 when fishing for all species other than herring and mackerel: (a)the information specified under 1.5; (b)the quantity (in kilograms live-weight) of each species caught since the previous transmission; (c)the ICES division in which the catches were made.

1.4. On each occasion the vessel moves from one ICES division to another: (a)the information specified under 1.5; (b)the quantity (in kilograms live-weight) of each species caught since the previous transmission; (c)the ICES division in which the catches have been taken.

1.5. (a)the name, call sign, external identification letters and numbers of the vessel and the name of its master; (b)the licence number if the vessel is under licence; (c)the serial number of the message for the voyage concerned; (d)identification of the type of message; (e)the date, the time and the geographical position of the vessel.

2.1. The information specified under point 1 shall be transmitted to the Commission of the European Communities in Brussels by telex (SAT COM C 420599543 FISH), electronic mail (FISHERIES-telecom@cec.eu.int) or via one of the radio stations listed under point 3 below and in the form specified under point 4.

2.2. If it is impossible for reasons of force majeure for the message to be transmitted by the vessel, it may be transmitted on the vessel's behalf by another vessel.

3.	Name of radio station Call sign of radio station Lyngby OXZ Land's End GLD Valentia EJK Malin Head EJM Torshavn OXJ Bergen LGN Farsund LGZ Florø LGL Rogaland LGQ Tjøme LGT Ålesund LGA Ørlandet LFO Bodø LPG Svalbard LGS Blåvand OXB Gryt GRYT RADIO Göteborg SOG Turku OFK
Name of radio station	Call sign of radio station
Lyngby	OXZ
Land's End	GLD
Valentia	EJK
Malin Head	EJM
Torshavn	OXJ
Bergen	LGN
Farsund	LGZ
Florø	LGL
Rogaland	LGQ
Tjøme	LGT
Ålesund	LGA
Ørlandet	LFO
Bodø	LPG
Svalbard	LGS
Blåvand	OXB
Gryt	GRYT RADIO
Göteborg	SOG
Turku	OFK