Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 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

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes fishing opportunities for the year 2008, for certain fish stocks and groups of fish stocks, and the associated conditions under which such fishing opportunities may be used.

In addition, it fixes certain effort limits and associated conditions for January 2009, and for certain Antarctic stocks it fixes the fishing opportunities and specific conditions for the periods set out in Annex IE.

Article 2

Scope

If not otherwise provided for, this Regulation shall apply to:

(a) Community fishing vessels (‘Community vessels’); and

(b) Fishing vessels flying the flag of, and registered in, third countries (‘third-country fishing vessels’) in Community waters (‘EC waters’).

Article 3

Definitions

For the purposes of this Regulation, in addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, the following definitions shall apply:

(a) ‘total allowable catches’ (TAC) means the quantity that can be taken and landed from each stock each year;

(b) ‘quota’ means a proportion of the TAC allocated to the Community, Member States or third countries;

(c) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State.

Article 4

Fishing zones

For the purposes of this Regulation, the following zone definitions shall apply:

(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EEC) No 3880/91;

(b) ‘Skagerrak’ means the area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;

(c) ‘Kattegat’ means the area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

(d) ‘Gulf of Cadiz’ means the area of ICES zone IXa east of longitude 7°23′48″W;

(e) The GFCM (General Fisheries Commission for the Mediterranean) zone is as defined in Council Decision 98/416/EC of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean (³²);

(f) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are 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 (³³);

(g) ‘NEAFC Convention Area’ means the waters as set out in Article 1 of the Convention attached to Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (³⁴);

(h) ‘NEAFC Regulatory Area’ means the waters of the NEAFC Convention Area which lie beyond the waters under the jurisdiction of NEAFC Contracting Parties;

(i) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Council Regulation (EEC) No 2018/93 of 30 June 1993 on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic (³⁵);

(j) ‘NAFO Regulatory Area’ means the part of the area of the Northwest Atlantic Fisheries Organisation (NAFO) Convention not falling under the sovereignty or within the jurisdiction of coastal States;

(k) SEAFO (South East Atlantic Fisheries Organisation) zones are as defined in Council Decision 2002/738/EC of 22 July 2002 on the conclusion by the European Community of the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (³⁶);

(l) The ICCAT (International Commission for the Conservation of Atlantic Tunas) zone is as defined in Council Decision 86/238/EEC of 9 June 1986 on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 July 1984 (³⁷);

(m) CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) zones are as defined in Regulation (EC) No 601/2004;

(n) The IATTC (Inter American Tropical Tuna Convention) zone is as defined in Council Decision 2006/539/EC of 22 May 2006 on the conclusion, on behalf of the European Community, of the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (³⁸);

(o) The IOTC (Indian Ocean Tuna Commission) zone is as defined in Council Decision 95/399/EC of 18 September 1995 on the accession of the Community to the Agreement for the establishment of the Indian Ocean Tuna Commission (³⁹);

(p) The South Pacific Regional Fisheries Management Organisation (SPFO) area is the high seas area south of the Equator, north of the CCAMLR Convention area, east of the SIOFA Convention Area as defined in the Council Decision 2006/496/EC of 6 July 2006 on the signing, on behalf of the European Community, of the Southern Indian Ocean Fisheries Agreement (⁴⁰), and west of the areas of fisheries jurisdictions of South American States;

(q) The WCPFC (Western and Central Pacific Fisheries Convention) zone is as defined in Council Decision 2005/75/EC of 26 April 2004 on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (⁴¹).

CHAPTER II

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS

Article 5

Catch limits and allocations

Article 6

Prohibited species

It shall be prohibited for Community vessels to fish for, to retain on board, to tranship and to land the following species in all Community and non-Community waters:

— Basking shark (Cetorhinus maximus)

— White shark (Carcharodon carcharias).

Article 7

Special provisions on allocations

The allocation of fishing opportunities among Member States as set out in Annex I 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), 23(1) and 32(2) of Regulation (EEC) No 2847/93;

(c) additional landings allowed under Article 3 of Regulation (EC) No 847/96;

(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96.

Article 8

Fishing effort limits and associated conditions for the management of stocks

From 1 February 2008 to 31 January 2009, the fishing effort limitations and associated conditions laid down in:

(a) Annex IIA shall apply for the management of certain stocks in the Kattegat, the Skagerrak and ICES zones IV, VIa, VIIa, VIId and EC waters of ICES zone IIa;

(b) Annex IIB shall apply for the management of hake and Norway lobster in ICES zones VIIIc and IXa with the exception of the Gulf of Cadiz;

(c) Annex IIC shall apply for the management of the sole stock in ICES zone VIIe;

(d) Annex IID shall apply for the management of sandeel stocks in ICES zones IIIa and IV and EC waters of ICES zone IIa.

Article 9

Conditions for landing catches and by-catches

Fish from stocks for which catch limits are established shall be retained on board or landed only if:

(a) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

(b) the catches consist of a part of a Community share which has not been allocated by quota among Member States, and that share has not been exhausted.

By way of derogation from paragraph 1, the following fish may be retained on board and landed even if a Member State has no quotas or the quotas or shares are exhausted:

(a) species, other than herring and mackerel, where (i) they are caught mixed with other species with nets whose mesh size is less than 32 mm in accordance with Article 4 of Regulation (EC) No 850/98, and (ii) the catches are not sorted either on board or on landing; or

(b) mackerel, where (i) they are caught mixed with horse mackerel or pilchard; (ii) they do not exceed 10 % of the total weight of mackerel, horse mackerel and pilchard on board and; (iii) the catches are not sorted either on board or on landing.

Article 10

Unsorted landings in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa

Article 11

Access limits

No fishing by Community vessels shall take place in the Skagerrak within 12 nautical miles from the baselines of Norway. However, vessels flying the flag of Denmark or Sweden shall be allowed to fish up to four nautical miles from the baselines of Norway.

Article 12

Determination of mesh size and twine thickness

Mesh size and twine thickness referred to in this Regulation shall be determined in accordance with Commission Regulation (EC) No 129/2003 of 24 January 2003 laying down detailed rules for determining the mesh seize and thickness of twine of fishing nets (⁴²), when Community fishing vessels are inspected by Community inspectors, Commission inspectors and national inspectors.

Article 13

Transitional technical and control measures

Transitional technical and control measures for Community vessels shall be as set out in Annex III.

CHAPTER III

CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS

Article 14

Authorisation

Fishing vessels flying the flag of Venezuela or Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in Community waters, within the catch limits set out in Annex I, and subject to the conditions provided for in Articles 15 to 18 and 22 to 28.

Article 15

Prohibited species

It shall be prohibited for third-country fishing vessels to fish for, to retain on board, to tranship and to land the following species in all Community waters:

— Basking shark (Cetorhinus maximus)

— White shark (Carcharodon carcharias).

Article 16

Geographical restrictions

Article 17

Transit through Community waters

Third-country fishing vessels that transit through Community waters shall stow their nets so that they may not readily be used, in accordance with the following conditions:

(a) nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes,

(b) nets which are on or above deck shall be securely lashed to some part of the superstructure.

Article 18

Conditions for landing catches and by-catches

Fish from stocks for which catch limits are fixed shall not be retained on board or landed unless the catches have been taken by fishing vessels of a third-country having a quota and that quota is not exhausted.

Article 19

Transitional technical and control measures

Transitional technical and control measures for third-country fishing vessels shall be as set out in Annex III.

CHAPTER IV

LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS

Article 20

Licences and associated conditions

However, paragraph 1 shall not apply to the following Community vessels, when fishing in Norwegian waters of the North Sea:

Article 21

Faroe Islands

Community vessels licensed to conduct a directed fishery for one species in waters of the Faroe Islands may conduct directed fishery for another species provided that they give prior notification to the Faroese authorities.

CHAPTER V

LICENSING ARRANGEMENTS FOR THIRD-COUNTRY FISHING VESSELS

Article 22

Obligation to have a licence and a special fishing permit

Article 23

Application for a licence and special fishing permit

An application to the Commission for a licence and special fishing permit from an authority of a third-country shall be accompanied by the following information:

(a) name of the vessel;

(b) registration number;

(c) external identification letters and numbers;

(d) port of registration;

(e) name and address of the owner or charterer;

(f) gross tonnage and overall length;

(g) engine power;

(h) call sign and radio frequency;

(i) intended method of fishing;

(j) intended area of fishing;

(k) species for which it is intended to fish;

(l) period for which a licence is applied for.

Article 24

Number of licences

The number of licences and special associated conditions shall be fixed as set out in Part II of Annex IV.

Article 25

Cancellation and withdrawal

Article 26

Failure to comply with relevant rules

Article 27

Obligations of the licence holder

Article 28

Specific provisions concerning the Department of French Guyana

CHAPTER VI

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE MEDITERRANEAN SEA

Article 29

Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs)

By way of derogation from paragraph 1, if a Member State can demonstrate that due to bad weather, the fishing vessels flying its flag were unable to utilise their normal fishing days that Member State may carry over days lost by its vessels in FAD fisheries until 31 January of the following year. Member States wishing to benefit from this carry over shall before 1 January 2009 submit to the Commission an application for the additional number of days on which a vessel will be authorised to fish dolphinfish by using FADs during the prohibition period from 1 January 2009 until 31 January 2009. Such an application shall be accompanied by the following information:

(a) a report containing the details of the cessation of fishing activities in question, including appropriate supporting meteorological information;

(b) name of the vessel;

(c) registration number;

(d) external identification letters and numbers as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (⁴⁴).

The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.

Member States shall report to the Commission by 15 January 2009 the total landings and transhipments of dolphinfish carried out in 2008 by the fishing vessels flying their flag in all geographical sub-areas of the GFCM Agreement area as determined in Resolution GFCM/31/2007/2 as set out in Annex XIV.

The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.

Article 30

Establishment of fisheries restrictive areas in order to protect the deep-sea sensitive habitats

Fishing with towed dredges and bottom trawl nets shall be prohibited in the areas bounded by lines joining the following coordinates:

(a) Deep Sea fisheries restricted area ‘Lophelia reef off Capo Santa Maria di Leuca’ — 39° 27,72′ N, 18° 10,74′ E — 39° 27,80′ N, 18° 26,68′ E — 39° 11,16′ N, 18° 32,58′ E — 39° 11,16′ N, 18° 04,28′ E

(b) Deep Sea fisheries restricted area ‘The Nile delta area cold hydrocarbon seeps’ — 31° 30.00′ N, 33° 10.00′ E — 31° 30.00′ N, 34° 00.00′ E — 32° 00.00′ N, 34° 00.00′ E — 32° 00.00′ N, 33° 10.00′ E

(c) Deep Sea fisheries restricted area ‘The Eratosthemes Seamount’ — 33° 00.00′ N, 32° 00.00′ E — 33° 00.00′ N, 33° 00.00′ E — 34° 00.00′ N, 33° 00.00′ E — 34° 00.00′ N, 32° 00.00′ E

Article 31

Minimum mesh size of trawl nets deployed in certain local and seasonal demersal trawl fisheries

Member States shall by 15 January 2008 through the accustomed data-processing support submit to the Commission the list of vessels authorised in accordance with paragraph 1. The list of authorised vessels shall include the following information:

(a) the vessel's Community fleet register number (CFR) and external marking as defined in Annex I to Commission Regulation (EC) No 26/2004;

(b) the authorized fishery(ies) carried out by each vessel defined in terms of target stock(s), the fishing area as determined in Resolution GFCM/31/2007/2 as set out in Annex XIV and the technical mesh size characteristics of the fishing gear deployed;

(c) the authorised fishing period.

CHAPTER VII

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA

Article 32

Catch reporting

Article 33

Additional control measures

Article 34

Coral protection zone

In NAFO Division 3O the area defined in Annex VII shall be closed to all fishing activity involving bottom contact gear.

CHAPTER VIII

SPECIAL PROVISIONS FOR THE LANDING OR TRANSHIPPING OF FROZEN FISH CAUGHT BY THIRD-COUNTRY FISHING VESSELS IN THE NEAFC CONVENTION AREA

Article 35

Port State control

Without prejudice to Regulation (EEC) No 2847/93 and to Council Regulation (EC) No 1093/94 of 6 May 1994 setting the terms under which fishing vessels of a third country may land directly and market their catches at Community ports (⁴⁵) the procedures set out in this Chapter shall apply to landing or transhipping in ports of Member States of frozen fish caught by third country fishing vessels in the NEAFC Convention area.

Article 36

Designated ports

Landings and transhipments in Community waters shall only be allowed in designated ports.

Member States shall designate a place used for landings or a place close to the shore (designated ports) where landings or transhipment operations of fish, referred to in Article 35, are permitted. Member States shall notify the Commission of any changes to the list of ports designated in 2007 at least fifteen days before the change shall come into force.

The Commission shall publish the list of designated ports and changes thereto in the ‘C’ series of the Official Journal of the European Union and place it on its website.

Article 37

Prior notice of entry into port

The notification referred to in paragraph 1 of this Article shall be accompanied by the form provided for in Part I of Annex VIII with Part A duly completed as follows:

(a) Form PSC 1 shall be used where the fishing vessel is landing its own catch;