Council Regulation (EU) No 23/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009
Modified by
  • Council Regulation (EU) No 219/2010of 15 March 2010amending Regulation (EU) No 53/2010 as regards the fishing opportunities for certain fish stocks and following the conclusion of the bilateral fisheries arrangements for 2010 with Norway and the Faroe Islands, 32010R0219, March 19, 2010
  • Commission Regulation (EU) No 421/2010of 17 May 2010amending Regulation (EU) No 53/2010 as regards catch limits for capelin in Greenland waters, 32010R0421, May 18, 2010
  • Commission Regulation (EU) No 589/2010of 5 July 2010amending Council Regulation (EU) No 53/2010 as regards catch limits for the fisheries on sandeel in EU waters of IIIa and EU waters of IIa and IV, 32010R0589, July 6, 2010
  • Council Regulation (EU) No 685/2010of 26 July 2010establishing the fishing opportunities for anchovy in the Bay of Biscay for the 2010/11 fishing season and amending Regulation (EU) No 53/2010, 32010R0685, July 31, 2010
  • Council Regulation (EU) No 712/2010of 26 July 2010amending Regulation (EU) No 53/2010 as regards certain fishing opportunities and amending Regulation (EC) No 754/2009, 32010R0712, August 10, 2010
Corrected by
  • Corrigendum to Council Regulation (EU) No 23/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009, 310R0053R(01), January 28, 2010
Council Regulation (EU) No 53/2010of 14 January 2010fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof, Having regard to Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocksOJ L 348, 24.12.2008, p. 20., and in particular Article 11 thereof, Having regard to the proposal from the European Commission, Whereas: (1)According to Article 43(3) of the Treaty, the Council, on a proposal from the Commission, shall adopt measures on the fixing and allocation of fishing opportunities. (2)Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries PolicyOJ L 358, 31.12.2002, p. 59. requires the Council to establish measures governing access to waters and resources and the sustainable pursuit of fishing activities, taking into account available scientific, technical and economic advice and in particular reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF). (3)It is incumbent upon the Council to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be distributed among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy established in Regulation (EC) No 2371/2002. Moreover, in order for the fishing opportunities to be optimal and applied in an effective way, certain conditions essential to and functionally linked to them should be fixed. (4)The TACs should be established on the basis of the available scientific advice and by taking into account the biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors. In this regard, it is necessary to take account of the opinions expressed during the consultation of stakeholders, in particular at the meeting on 23 July 2009 with the Advisory Committee for Fisheries and Aquaculture, the concerned Regional Advisory Councils and Member States and on 29 September 2009 with the Advisory Committee for Fisheries and Aquaculture and the concerned Regional Advisory Councils. (5)For stocks subject to specific multiannual plans, the TACs should be established in accordance with the rules laid down in those plans. Consequently, the TACs for stocks of hake, of Norway lobster, of sole in the Bay of Biscay, the Western Channel and the North Sea, of plaice in the North Sea, of herring to the west of Scotland and of cod in the Kattegat, North Sea, Skagerrak, eastern Channel, to the west of Scotland and in the Irish Sea should be established in accordance with the rules laid down in Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stockOJ L 150, 30.4.2004, p. 1., Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian PeninsulaOJ L 345, 28.12.2005, p. 5., Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of BiscayOJ L 65, 7.3.2006, p. 1., Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western ChannelOJ L 122, 11.5.2007, p. 7., Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North SeaOJ L 157, 19.6.2007, p. 1., Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stockOJ L 344, 20.12.2008, p. 6., Regulation (EC) No 1342/2008 and Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and MediterraneanOJ L 96, 15.4.2009, p. 1. respectively. (6)In accordance with Article 2 of Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified. (7)Fishing operations conducted solely for the purpose of scientific investigations should not be included in the scope of this Regulation, with the exception of the operations carried out by vessels participating in initiatives regarding fully documented fisheries. (8)For certain species, such as certain species of sharks, even a limited fishing activity could result in a serious risk to their conservation. Fishing opportunities for such species should therefore be fully restricted through a general prohibition to fish those species. (9)It is necessary to establish the maximum allowable effort ceilings for 2010 in accordance with Article 8 of Regulation (EC) No 2166/2005, Article 5 of Regulation (EC) No 509/2007, Article 9 of Regulation (EC) No 676/2007, Articles 11 and 12 of Regulation (EC) No 1342/2008 and Articles 5 and 9 of Regulation (EC) No 302/2009, while taking into account Council Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008OJ L 214, 19.8.2009, p. 16.. (10)It is necessary, following the advice from the ICES, to maintain and revise a system to manage the fishing effort on sandeel in EU waters of ICES zones IIa, IIIa and IV. (11)In the light of the most recent scientific advice from the ICES and in accordance with the international commitments in the context of the North East Atlantic Fisheries Convention (NEAFC), it is necessary to limit the fishing effort on certain deep-sea species. (12)Fishing opportunities should be used in accordance with the Union legislation on the subject, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fishOJ L 276, 10.10.1983, p. 1., Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vesselsOJ L 274, 25.9.1986, p. 1., Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vesselsOJ L 132, 21.5.1987, p. 9., Article 21 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policyOJ L 261, 20.10.1993, p. 1., Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permitsOJ L 171, 6.7.1994, p. 7., Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organismsOJ L 125, 27.4.1998, p. 1., Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocksOJ L 351, 28.12.2002, p. 6., Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resourcesOJ L 289, 7.11.2003, p. 1., Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring SystemsOJ L 333, 20.12.2003, p. 17., Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resourcesOJ L 97, 1.4.2004, p. 16., Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries OrganisationOJ L 340, 23.12.2005, p. 3.,Regulation (EC) No 2166/2005, Regulation (EC) No 388/2006, Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensingOJ L 409, 30.12.2006, p. 1., Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean SeaOJ L 36, 8.2.2007, p. 6., Regulation (EC) No 509/2007, Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory speciesOJ L 123, 12.5.2007, p. 3., Regulation (EC) No 676/2007, Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries OrganisationOJ L 318, 5.12.2007, p. 1., Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishingOJ L 286, 29.10.2008, p. 1., Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community watersOJ L 286, 29.10.2008, p. 33.,Commission Regulation (EC) No 1077/2008 of 3 November 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensingOJ L 295, 4.11.2008, p. 3., Regulation (EC) No 1300/2008, Regulation (EC) No 1342/2008, Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast)OJ L 87, 31.3.2009, p. 1., Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast)OJ L 87, 31.3.2009, p. 42., Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast)OJ L 87, 31.3.2009, p. 70., Regulation (EC) No 302/2009 and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policyOJ L 343, 22.12.2009, p. 1.. (13)In accordance with the procedure provided for in the agreements or protocols on fisheries relations with NorwayAgreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48)., the Faroe IslandsAgreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faeroe Islands, of the other part (OJ L 226, 29.8.1980, p. 12). and GreenlandFisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other (OJ L 172, 30.6.2007, p. 4) and Protocol setting out the fishing opportunities and financial contribution provided for in that Agreement (OJ L 172, 30.6.2007, p. 9)., the Union has held consultations on fishing rights with those partners. The consultations with Greenland were concluded on 25 November 2009 with the establishment of the fishing opportunities available for 2010 for EU vessels in Greenland waters. The consultations with the Faroe Islands and Norway have not been finalised and the arrangements for 2010 with those partners are expected to be concluded early 2010. In order to avoid interruption of Union fishing activities whilst allowing for the necessary flexibility for the conclusion of those arrangements early 2010, it is appropriate for the Union to establish the fishing opportunities for stocks subject to those arrangements on a provisional basis awaiting their conclusion. (14)The Union is a contracting party to several fisheries organisations and participates in other organisations as a cooperating non-party. Moreover, by virtue of the 2003 Act of Accession fisheries agreements previously concluded by the Republic of Poland, such as the Convention on the Conservation and Management of Pollock resources in the central Bering Sea, are as from the date of accession of Poland to the European Union managed by the Union. Those fisheries organisations have recommended the introduction for 2010 of a number of measures, including fishing opportunities for EU vessels. Those fishing opportunities should be implemented by the Union. (15)The Inter-American Tropical Tuna Commission (IATTC) failed to adopt catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna at its Annual Meeting in 2009, and although the Union is not a member of the IATTC, it is necessary to regulate the fishing opportunities for resource under the jurisdiction of the IATTC in order to ensure its sustainable management. (16)At its Annual Meeting in 2009, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted tables indicating the under-utilisation and over-utilisation of the fishing possibilities of the ICCAT contracting parties. In that context, ICCAT adopted a decision observing that during the year 2008, the Union had under-exploited its quota for Northern and Southern swordfish, bigeye tuna and Northern albacore. In order to respect the adjustments to the Union quotas established by the ICCAT, it is necessary for the distribution of the fishing opportunities arising from this under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the under-utilisation without modifying the distribution key established in this Regulation concerning the annual allocation of TACs. At the same meeting the recovery plan for bluefin tuna was amended. ICCAT further adopted a recommendation on the conservation of bigeye thresher sharks. In order to contribute to the conservation of fish stocks it is necessary to implement those measures. (17)During the Third International Meeting, held in May 2007, for the creation of a Regional Fisheries Management Organisation (SPRFMO) in the high seas of the South Pacific, the participants adopted interim measures, including fishing opportunities, in order to regulate pelagic fishing activities as well as bottom fisheries in that area until the establishment of such RFMO. Those measures were revised during the Eighth International Meeting for the creation of that SPRFMO held in November 2009. According to the agreement reached by the participants, those interim measures are voluntary and are not legally binding under international law. It is nevertheless advisable, in the light of the related provisions of the United Nations Fish Stock Agreement, to incorporate those measures into Union law. (18)At its Annual Meeting in 2009, the South East Atlantic Fisheries Organisation (SEAFO) adopted catch limits for two additional fish stocks in the SEAFO Convention Area. It is necessary to implement those catch limits into Union law. (19)For continuity reasons, certain third-country fishing vessels should be allowed to fish in EU waters under certain conditions and subject to Regulation (EC) No 1006/2008 and its implementing provisions. (20)Within the context of establishing fishing opportunities and in accordance with Article 11 of Regulation (EC) No 1342/2008, the Council may, on the basis of information provided by Member States and assessed by the STECF, exclude certain groups of vessels from the effort regime established in that Regulation, provided that appropriate data is available on cod catches and discards of the vessels concerned, that the percentage of cod catches does not exceed 1,5 % of the total catches of the group of vessels and that the inclusion of the group in the effort regime would constitute an administrative burden disproportionate to its overall impact on cod stocks. Poland provided information on the cod catches by a group of vessels consisting of one vessel targeting saithe in the North Sea with bottom trawls of mesh size equal to or larger than 100 mm. The United Kingdom provided information on the cod catches of two groups of vessels using bottom trawls to the west of Scotland. On the basis of that information as assessed by STECF, it can be established that the cod catches, including discards, of those groups of vessels do not exceed 1,5 % of their total catches. Having moreover regard to control and monitoring measures in place ensuring the monitoring and control of the fishing activities of those groups of vessels and considering that the inclusion of these groups would constitute an administrative burden disproportionate to the overall impact of that inclusion on cod stocks, it is appropriate to exclude those groups of vessels from the application of Chapter III of Regulation (EC) No 1342/2008, thus allowing to establish the effort limits for the concerned Member States accordingly. (21)In accordance with Article 291 of the Treaty, the measures necessary for the fixing of the catch limits for certain short-lived stocks should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the CommissionOJ L 184, 17.7.1999, p. 23. for reasons of urgency, HAS ADOPTED THIS REGULATION:
TITLE ISCOPE AND DEFINITIONS
Article 1 Subject matter 1. This Regulation fixes the following fishing opportunities and the conditions functionally linked to the use of those fishing opportunities: for the year 2010, fishing opportunities for certain fish stocks and groups of fish stocks, and for the year 2011, certain effort limitations, and, for the periods set out in Section 2 of Chapter III of Title II and in Annexes IE and V, fishing opportunities for certain Antarctic stocks. 2. This Regulation also fixes provisional fishing opportunities for certain fish stocks or groups of fish stocks subject to the bilateral fisheries agreements with Norway and the Faroe Islands, pending the consultations on the arrangements for 2010.
Article 2 Scope 1. If not otherwise provided for, this Regulation shall apply to: (a)EU vessels; and (b)fishing vessels flying the flag of, and registered in, third countries ("third-country vessels") in EU waters. 2. By way of derogation from paragraph 1, this Regulation, except footnote 1 to the table set out in Part B of Annex V, shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State whose flag the vessel concerned is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations. 3. Paragraph 2 shall not apply to fishing operations by vessels participating in initiatives regarding fully documented fisheries where such fisheries benefit from additional quotas.
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)"EU vessels" means fishing vessels defined in Article 3(d) of Regulation (EC) No 2371/2002; (b)"EU waters" means waters defined in Article 3(a) of Regulation (EC) No 2371/2002; (c)"total allowable catches" (TAC) means the quantity that can be taken and landed from each stock each year; (d)"quota" means a proportion of the TAC allocated to the Union, Member States or third countries; (e)"international waters" means waters falling outside the sovereignty or jurisdiction of any State; (f)"mesh size" means the mesh size as determined in accordance with Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing netsOJ L 151, 11.6.2008, p. 5..; (g)"EU fishing fleet register" means the register set up by the Commission in accordance with Article 15(3) of Regulation (EC) No 2371/2002; (h)"fishing logbook" means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009.
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 (EC) No 218/2009; (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 Cádiz" means the area of ICES zone IXa east of longitude 7o 23' 48″ W; (e)CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009; (f)NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Regulation (EC) No 217/2009; (g)SEAFO (South East Atlantic Fisheries Organisation) Convention Area is as defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic OceanConcluded by Council Decision 2002/738/EC (OJ L 234, 31.8.2002, p. 39).; (h)the ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area is as defined in the International Convention for the Conservation of Atlantic TunasThe European Community acceded by Council Decision 86/238/EEC (OJ L 162, 18.6.1986, p. 33).; (i)CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) Convention Area is as defined in Regulation (EC) No 601/2004; (j)the IATTC (Inter American Tropical Tuna Convention) Convention Area is as defined in 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 RicaConcluded by Council Decision 2006/539/EC (OJ L 224, 16.8.2006, p. 22).; (k)the IOTC (Indian Ocean Tuna Commission) Area is as defined in the Agreement for the establishment of the Indian Ocean Tuna CommissionThe European Community acceded by Council Decision 95/399/EC (OJ L 236, 5.10.1995, p. 24).; (l)"SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area" means the high seas area south of 10o N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries AgreementConcluded by Council Decision 2008/780/EC (OJ L 268, 9.10.2008, p. 27)., and west of the areas of fisheries jurisdictions of South American States; (m)the WCPFC (Western and Central Pacific Fisheries Convention) Convention Area is as defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific OceanThe European Community acceded by Council Decision 2005/75/EC (OJ L 32, 4.2.2005, p. 1).. (n)"high seas of the Bering Sea" means the area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured.
 TITLE IIFISHING OPPORTUNITIES FOR EU VESSELS CHAPTER IGeneral provisions
Article 5 Catch limits and allocations 1. The catch limits for EU vessels in EU waters or in certain non-EU waters and the allocation of such catch limits among Member States and additional conditions in accordance with Article 2 of Regulation (EC) No 847/96 are set out in Annex I. 2. EU vessels are hereby authorised to make catches, within the quota limits set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the conditions set out in Article 12 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008 and its implementing provisions. 3. The Commission shall fix the catch limits for the fisheries on sandeel in EU waters of ICES zones IIa, IIIa and IV according to the rules laid down in point 6 of Annex IID. 4. The Commission shall fix catch limits for capelin in Greenland waters of ICES zones V and XIV available to the Union at 7,7 % of the capelin TAC as soon as the TAC has been established. 5. Catch limits for the stock of Norway pout in EU waters of ICES zones IIa, IIIa and IV and for the stock of sprat in EU waters of ICES zones IIa and IV may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2010. 6. As a consequence of a revision of the stock of Norway pout in accordance with paragraph 5, the catch limits for the stocks of whiting in EU waters of ICES zone IIa, IIIa and IV and for the stocks of haddock in EU waters of ICES zone IIa, III and IV may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 to take into account industrial by-catches in the Norway pout fishery. 7. The Commission may fix the catch limits for the stock of anchovy in ICES zone VIII in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2010.
Article 6 Prohibited species It shall be prohibited for EU vessels to fish for, to retain on board, to tranship and to land the following species: (a)basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all EU and non-EU waters; (b)angel shark (Squatina squatina) in all EU waters; (c)common skate (Dipturus batis) in EU waters of ICES zones IIa, III, IV, VI, VII, VIII, IX and X; (d)undulate ray (Raja undulata) and white skate (Rostroraja alba) in EU waters of ICES zones VI, VII, VIII, IX and X, and (e)porbeagle (Lamna nasus) in international waters.
Article 7 Special provisions on allocations 1. 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 Article 21(3) of Regulation (EEC) No 2847/93 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008; (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 Articles 105, 106 and 107 of Regulation (EC) No 1224/2009. 2. Except where otherwise specified in Annex I of this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation to stocks subject to analytical TAC.
Article 8 Fishing effort limits From 1 February 2010 to 31 January 2011, the fishing effort measures laid down in: (a)Annex IIA shall apply for the management of certain stocks in the Kattegat, the Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, ICES zones IV, VIa, VIIa, VIId and EU waters of ICES zones IIa and Vb; (b)Annex IIB shall apply for the recovery of hake and Norway lobster in ICES zones VIIIc and IXa with the exception of the Gulf of Cádiz; (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 EU waters of ICES zones IIa, IIIa and IV.
Article 9 Catch and effort limits deep-sea fisheries 1. In addition to the catch limits laid down in Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocksOJ L 352, 31.12.2008, p. 1., it shall be prohibited to catch and to retain on board, to tranship or to land any aggregate quantity of the deep-sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-sea permit issued in accordance with Article 3 of Regulation (EC) No 2347/2002. 2. Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit. 3. Member States shall ensure that for 2010 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits do not exceed 65 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held and/or deep-sea species, as listed in Annexes I and II to Regulation (EC) No 2347/2002, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep-sea species, other than greater silver smelt, were caught.
Article 10 Conditions for landing catches and by-catches 1. 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 share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted. 2. 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. 3. All landings shall count against the quota or, if the Union quota has not been allocated between Member States by quotas, against the Union quota, except for catches made in accordance with paragraph 2. 4. The percentage of by-catches and their disposal shall be determined in accordance with Articles 4 and 11 of Regulation (EC) No 850/98.
Article 11 Restrictions on the use of certain fishing opportunities During the period from 1 May to 31 July 2010 it shall be prohibited to fish for or retain on board any marine organisms other than herring, mackerel, pilchard/sardines, horse mackerel, sprat, blue whiting and argentines within the area bounded by rhumb lines sequentially joining the following positions:
Point Latitude Longitude
1 52o 27' N 12o 19' W
2 52o 40' N 12o 30' W
3 52o 47' N 12o 39,600' W
4 52o 47' N 12o 56' W
5 52o 13,5' N 13o 53,830' W
6 51o 22' N 14o 24' W
7 51o 22' N 14o 03' W
8 52o 10' N 13o 25' W
9 52o 32' N 13o 07,500' W
10 52o 43' N 12o 55' W
11 52o 43' N 12o 43' W
12 52o 38,800' N 12o 37' W
13 52o 27' N 12o 23' W
14 52o 27' N 12o 19' W
Article 12 Unsorted landings in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa 1. When catch limits of a Member State for herring in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa are exhausted, vessels flying the flag of that Member State, registered in the Union and operating within the fisheries to which the relevant catch limitations apply shall be prohibited from landing catches which are unsorted and which contain herring. 2. Member States shall ensure that an adequate sampling programme is in place allowing an efficient monitoring of unsorted landings by species caught in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa. 3. Unsorted catches in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa shall be landed only at ports and landing locations where a sampling programme as referred to in paragraph 2 is in place.
Article 13 Data transmission When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.
 CHAPTER IIFishing authorisation in third-country waters
Article 14 Fishing authorisations 1. The maximum number of fishing authorisations for EU vessels fishing in waters of a third country is set out in Annex III. 2. Where one Member State transfers quota to another Member State (swap) in the fishing areas set out in Annex III on the basis of Article 20(5) of Regulation (EC) No 2371/2002, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Annex III, shall not be exceeded.
 CHAPTER IIIFishing opportunities in waters of regional fisheries management organisations Section 1ICCAT convention Area
Article 15 Fishing and farming and fattening capacity limitations for bluefin tuna 1. The number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic shall be limited as set out in point 1 of Annex IV. 2. The number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex IV. 3. The number of EU vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex IV. 4. The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV. 5. The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV. 6. The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.
Article 16 Additional conditions to the bluefin tuna quota allocated in Annex ID In addition to Article 7(2) of Regulation (EC) No 302/2009, purse-seine fishing for bluefin tuna shall be prohibited in the eastern Atlantic and Mediterranean during the period from 15 April to 15 May 2010.
Article 17 Recreational and sport fisheries Member States shall allocate a specific quota of bluefin tuna for recreational and sport fisheries from their quotas allocated set out in Annex ID.
Article 18 Sharks 1. Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) in any fishery shall be prohibited. 2. It shall be prohibited to undertake a directed fishery for species of thresher sharks of the genus Alopias.
 Section 2CCAMLR convention Area
Article 19 Prohibitions and catch limitations 1. Direct fishing of the species set out in Annex V, Part A, shall be prohibited in the zones and during the periods set out in that Annex. 2. For new and exploratory fisheries, the catch and by-catch limits set out in Annex V, Part B, shall apply in the subareas set out in that Part.
Article 20 Exploratory fisheries 1. Fishing vessels flying the flag of, and registered in a Member State that have been notified to CCAMLR in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 may participate in longline exploratory fisheries for Dissostichus spp. in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1 and 58.4.2 outside areas of national jurisdiction. 2. With regard to FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 total catch and by-catch limits per subarea and division, and their distribution among Small Scale Research Units (SSRUs) within each of them, shall be as set out in Annex V, Part B. Fishing in any SSRU shall cease when the reported catch reaches the specified catch limit, and that SSRU shall be closed to fishing for the remainder of the season. 3. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1 and 58.4.2 shall be prohibited in depths less than 550 m.
Article 21 Krill fishery during the 2010/2011 fishing season 1. Only those Member States which are Members of the CCAMLR Commission may fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2010/2011 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the CCAMLR Secretariat and the Commission in accordance with Article 5a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2010: (a)of its intention to fish for krill, using the format laid down in Annex V, Part C; (b)of the net configuration form, using the format laid down in Annex V, Part D. 2. The notification referred to in paragraph 1 shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery. 3. Member States intending to fish for krill in the CCAMLR Convention Area shall only notify authorised vessels flying its flag at the time of the notification. 4. Member States shall be entitled to authorise participation in a krill fishery by a vessel other than those notified to CCAMLR in accordance with paragraphs 1, 2 and 3, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member State concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing: (a)full details of the intended replacement vessel(s) referred to in paragraph 2, including information provided for in Article 3 of Regulation (EC) No 601/2004; (b)a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references. 5. Member States shall not authorise a vessel on either of the CCAMLR IUU Vessel Lists to participate in krill fisheries.
Article 22 Closure of all fisheries 1. Following notification by the CCAMLR Secretariat of the closure of a fishery due to the exhaustion of the TAC as set out in Annex IE, Member States shall ensure that all vessels flying their flag and fishing in the area, management area, subarea, division, SSRU or other management unit, subject to the closure notice, shall remove all their fishing gear from the water by the notified closure date and time. 2. On receipt of such notification by the vessel, no further longlines may be set within 24 hours of the notified date and time. If such notification is received less than 24 hours before the closure date and time, no further longlines may be set following receipt of that notification. 3. In the case of closure of the fishery referred to in paragraph 1, all vessels shall depart from the fishing area as soon as all fishing gear has been removed from the water. 4. Where a vessel is unable to remove all its fishing gear from the water by the notified closure date and time for reasons relating to: (a)the safety of the vessel and crew; (b)the limitations which may arise from adverse weather conditions; (c)sea-ice cover; or (d)the need to protect the Antarctic marine environment,the vessel shall notify its flag Member State of the situation. The Member States shall promptly notify the CCAMLR Secretariat and the Commission. The vessel shall nonetheless make all reasonable efforts to remove all its fishing gear from the water as soon as possible. 5. If paragraph 4 applies, Member States shall carry out an investigation of the vessel’s actions and, according to its domestic procedures, report the CCAMLR Secretariat and the Commission of its findings no later than before the next CCAMLR meeting. The final report shall assess whether the vessel made all reasonable efforts to remove all its fishing gear from the water: (a)by the notified closure date and time; and (b)as soon as possible after the notification referred to in paragraph 4. 6. Where a vessel does not depart from the closed area as soon as all fishing gear has been removed from the water, the flag Member State shall ensure that the CCAMLR Secretariat and the Commission are informed.
 Section 3IOTC Area
Article 23 Limitation of fishing capacity of vessels fishing in the IOTC Area 1. The maximum number of EU vessels fishing for tropical tunas in the IOTC Area and the corresponding capacity in gross tonnage (GT) shall be as set out in point 1 of Annex VI. 2. The maximum number of EU vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Area and the corresponding capacity in GT shall be as set out in point 2 of Annex VI. 3. Member States may change the number of vessels referred to in paragraphs 1 and 2 by gear type provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved. 4. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of vessels of other tuna regional fisheries organisations. No vessels featuring on the list of vessels engaged in illegal, unreported and unregulated fishing activities (IUU vessels) of any regional fisheries management organisation may be transferred. 5. In order to take into account the implementation of the development plans submitted to the IOTC, Member States may only increase the limitations of fishing capacity, as mentioned in this Article, within the limits set out in those development plans.
 Section 4SPRFMO convention Area
Article 24 Pelagic fisheries – capacity limitation Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 shall limit the total level of GT of vessels flying their flag and fishing for pelagic stocks in 2010 to the levels of total 78610 GT in the SPRFMO Convention Area in such manner that sustainable exploitation of the pelagic fishery resources in South Pacific is ensured.
Article 25 Pelagic fisheries - catch limits 1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in the years 2007, 2008 or 2009, as referred to in Article 24, may fish for pelagic stocks in this Area in accordance with the catch limits set out in Annex IJ. 2. Member States shall notify the Commission on a monthly basis of the names and characteristics, including GT, of their vessels engaged in the fishery referred to in this Article. 3. For the purpose of monitoring the fishery referred to in this Article, Member States shall send to the Commission, for forwarding to the SPRFMO Interim Secretariat, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifteenth day of the following month.
Article 26 Bottom fisheries Member States shall limit bottom fishing effort or catch in the SPRFMO Convention Area to the average annual levels over the period from 1 January 2002 to 31 December 2006 in terms of the number of fishing vessels and other parameters that reflect the level of catch, fishing effort and fishing capacity and to only those parts of the SPRFMO Convention Area where bottom fisheries has occurred during the previous fishing season.
 Section 5IATTC convention Area
Article 27 Purse-seine fisheries 1. The fishing by purse-seine vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited: (a)either from 29 July to 28 September 2010 or from 10 November 2010 to 18 January 2011 in the area defined by the following limits: the Pacific coastlines of the Americas, longitude 150° W, latitude 40° N, latitude 40° S; (b)from 29 September to 29 October 2010 in the area defined by the following limits: longitude 94° W, longitude 110° W, latitude 3° N, latitude 5° S. 2. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1(a) before 1 April 2010. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the defined area during the period selected. 3. Purse-seine vessels fishing for tuna in the IATTC Regulatory Area shall retain on board and then land all yellowfin, bigeye and skipjack tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.
 Section 6SEAFO convention Area
Article 28 Measures for the protection of deep water sharks Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited: skates (Rajidae), spiny dogfish (Squalus acanthias), blurred smooth lanternshark (Etmopterus bigelowi), shorttail lanternshark (Etmopterus brachyurus), great lanternshark (Etmopterus princeps), smooth lanternshark (Etmopterus pusillus), ghost catshark (Apristurus manis), velvet dogfish (Scymnodon squamulosus) and deep-sea sharks of super-order Selachimorpha.
 Section 7WCPFC convention Area
Article 29 Fishing effort limitations for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore Member States shall ensure that the total fishing effort for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), skipjack tuna (Katsuwonus pelamis) and south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area is limited to the fishing effort provided for in fisheries partnership agreements between the Union and coastal States in the region.
Article 30 Closed area for FAD fishing 1. In the part of the WCPFC Convention Area located between 20° N and 20° S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours on 1 July 2010 and 24:00 hours on 30 September 2010. During this period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that at no time does the vessel: (a)deploy or service a FAD or associated electronic device; (b)fish on schools in association with FADs. 2. All purse-seine vessels fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna caught. 3. Paragraph 2 shall not apply in the following cases: (a)in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish; (b)where the fish is unfit for human consumption for reasons other than those connected with size; or (c)when a serious malfunction of freezer equipment occurs.
Article 30a Closed areas for purse-seine fisheries The fishing by purse-seine vessels for bigeye tuna and yellowfin tuna shall be prohibited in the following high seas areas: (a)the international waters enclosed by the boundaries of the exclusive economic zones of Indonesia, Palau, Micronesia and Papua New Guinea; (b)the international waters enclosed by the boundaries of the exclusive economic zones of Micronesia, Marshall Islands, Nauru, Kiribati, Tuvalu, Fiji, Solomon Islands and Papua New Guinea.
Article 31 Limitations to the number of vessels authorised to fish swordfish The maximum number of EU vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention Area shall be as indicated in Annex VII.
 Section 8Bering Sea
Article 32 Prohibition to fish in the high seas of the Bering SeaFishing for pollock (Theragra chalcogramma) in the high seas of the Bering Sea shall be prohibited.
 TITLE IIIFISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN EU WATERS
Article 33 Catch limits Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in EU waters within the catch limits set out in Annex I and subject to the conditions provided for in Chapter III of Regulation (EC) No 1006/2008 and in this Title.
Article 34 Fishing authorisations 1. The maximum number of fishing authorisations for third-country vessels fishing in EU waters is laid down in Annex VIII. 2. Fish from stocks for which catch limits are fixed shall not be retained on board or landed unless the catches have been taken by third-country vessels having a quota and that quota is not exhausted.
Article 35 Prohibited species It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship and to land the following species: (a)basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all EU waters; (b)angel shark (Squatina squatina) in all EU waters; (c)common skate (Dipturus batis) in EU waters of ICES zones IIa, III, IV, VI, VII, VIII, IX and X; and (d)undulate ray (Raja undulata) and white skate (Rostroraja alba) in EU waters of ICES zones VI, VII, VIII, IX and X.
 TITLE IVFINAL PROVISIONS
Article 36 Amendment of Regulation (EC) No 1359/2008 In Part 2 of the Annex to Regulation (EC) No 1359/2008, the entry concerning roundnose grenadier in Community waters and waters not under the sovereignty or jurisdiction of third countries of ICES subarea III is replaced by the following:
No directed fishery for roundnose grenadier shall be conducted in ICES zone IIIa pending consultations between the European Union and Norway."
"Species: Roundnose grenadierCoryphaenoides rupestris Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of III(RNG/03-)
Year 2009 2010
Denmark 804 804
Germany 5 5
Sweden 41 41
EC 850 850
Article 37 Amendment of Regulation (EC) No 754/2009 In Article 1 of Regulation (EC) No 754/2009, the following points are added: "c)the group of vessels flying the flag of the United Kingdom, participating in the fishery indicated in the request from the United Kingdom dated 18 June 2009, targeting Norway lobster and using bottom trawls and seines of mesh size equal to or larger than 70 mm and less than 100 mm in the West of Scotland, in particular in the Minch (ICES statistical rectangles 42 E3, 42 E4, 43 E3, 43 E4, 44 E3, 44 E4, 45 E3); d)the group of vessels flying the flag of the United Kingdom, participating in the fishery indicated in the request from the United Kingdom dated 18 June 2009, targeting Norway lobster and using bottom trawls and seines of mesh size equal to or larger than 70 mm and less than 100 mm in the West of Scotland, in particular in the Firth of Clyde (ICES statistical rectangles 39 E5 and 40 E5); e)the group of vessels flying the flag of Poland, participating in the fishery indicated in the request from Poland dated 24 April 2009 as completed by correspondence dated 11 July 2009, targeting saithe and using bottom trawls of mesh size equal to or larger than 100 mm in the North Sea and EU waters of ICES zone IIa with full-time observer coverage.".
Article 38 Amendment of Regulation (EC) No 1226/2009 Article 2 of Council Regulation (EC) No 1226/2009 of 20 November 2009 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2010OJ L 330, 16.12.2009, p. 1. is replaced by the following:
"Article 2 Scope 1. This Regulation shall apply to Community fishing vessels ("Community vessels") operating in the Baltic Sea. 2. By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State whose flag the vessel concerned is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations. 3. Paragraph 2 shall not apply to fishing operations by vessels participating in initiatives regarding fully documented fisheries where such fisheries benefit from additional quotas."
Article 39 Amendment of Regulation (EC) No 1287/2009 Article 2 of Council Regulation (EC) No 1287/2009 of 27 November 2009 fixing the fishing opportunities and the conditions relating thereto for certain fish stocks applicable in the Black Sea for 2010OJ L 347, 24.12.2009, p. 1. is replaced by the following:
"Article 2 Scope 1. This Regulation shall apply to Community fishing vessels ("Community vessels") operating in the Black Sea. 2. By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State whose flag the vessel concerned is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations. 3. Paragraph 2 shall not apply to fishing operations by vessels participating in initiatives regarding fully documented fisheries where such fisheries benefit from additional quota."
Article 40 Entry into force and application This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.It shall apply from 1 January 2010.Where the fishing opportunities for the CCAMLR Convention Area are set for periods starting before 1 January 2010, Section 2 of Chapter III of Title II and Annexes IE and V shall apply with effect from the beginning of the respective periods of application of those fishing opportunities.
This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX I CATCH LIMITS APPLICABLE TO EU VESSELS IN AREAS WHERE CATCH LIMITS EXIST AND FOR THIRD-COUNTRY VESSELS IN EU WATERS, BY SPECIES AND BY AREA (iN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)All catch limits set out in this Annex shall be considered as quotas for the purposes of Article 5 of this Regulation and shall therefore be subject to the rules set out in Regulation (EC) No 1224/2009, and in particular Articles 33 and 34 thereof.The references to fishing zones are references to ICES zones, unless otherwise specified.Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. The following table of correspondences of Latin names and common names is given for the purposes of this Regulation:
Scientific name Alpha-3 code Common name
Amblyraja radiata RJR Starry ray
Ammodytes spp. SAN Sandeels
Argentina silus ARU Greater silver smelt
Beryx spp. ALF Alfonsinos
Brosme brosme USK Tusk
Centrophorus squamosus GUQ Leafscale gulper shark
Centroscymnus coelolepis CYO Portuguese dogfish
Chaceon (Geryon) quinquedens CRR Deep sea red crab
Champsocephalus gunnari ANI Antarctic icefish
Chionoecetes spp. PCR Snow crab
Clupea harengus HER Herring
Coryphaenoides rupestris RNG Roundnose grenadier
Dalatias licha SCK Kitefin shark
Deania calcea DCA Birdbeak dogfish
Dipturus batis RJB Common skate
Dissostichus eleginoides TOP Patagonian toothfish
Engraulis encrasicolus ANE Anchovy
Etmopterus princeps ETR Great lanternshark
Etmopterus pusillus ETP Smooth lanternshark
Euphausia superba KRI Krill
Gadus morhua COD Cod
Galeorhinus galeus GAG Tope shark
Glyptocephalus cynoglossus WIT Witch flounder
Hippoglossoides platessoides PLA American plaice
Hippoglossus hippoglossus HAL Atlantic halibut
Hoplostethus atlanticus ORY Orange roughy
Illex illecebrosus SQI Shortfin squid
Lamna nasus POR Porbeagle
Lepidonotothen squamifrons NOS Grey rockcod
Lepidorhombus spp. LEZ Megrims
Leucoraja circularis RJI Sandy ray
Leucoraja fullonica RJF Shagreen ray
Leucoraja naevus RJN Cuckoo ray
Limanda ferruginea YEL Yellowtail flounder
Limanda limanda DAB Dab
Lophiidae ANF Anglerfish
Macrourus spp. GRV Grenadiers
Makaira nigricans BUM Blue marlin
Mallotus villosus CAP Capelin
Martialia hyadesi SQS Squid
Melanogrammus aeglefinus HAD Haddock
Merlangius merlangus WHG Whiting
Merluccius merluccius HKE Hake
Micromesistius poutassou WHB Blue whiting
Microstomus kitt LEM Lemon sole
Molva dypterygia BLI Blue ling
Molva molva LIN Ling
Nephrops norvegicus NEP Norway lobster
Pandalus borealis PRA Northern prawn
Paralomis spp. PAI Crabs
Penaeus spp. PEN "Penaeus" shrimps
Platichthys flesus FLE Flounder
Pleuronectes platessa PLE Plaice
Pleuronectiformes FLX Flatfish
Pollachius pollachius POL Pollack
Pollachius virens POK Saithe
Psetta maxima TUR Turbot
Raja brachyura RJH Blonde ray
Raja clavata RJC Thornback ray
Raja (Dipturus) nidarosiensis JAD Norwegian skate
Raja microocellata RJE Small-eyed ray
Raja montagui RJM Spotted ray
Raja undulata RJA Undulate ray
Rajiformes - Rajidae SRX-RAJ Skates and rays
Reinhardtius hippoglossoides GHL Greenland halibut
Rostroraja alba RJA White skate
Scomber scombrus MAC Mackerel
Scophthalmus rhombus BLL Brill
Sebastes spp. RED Redfish
Solea solea SOL Common sole
Soleidae. SOX Sole
Sprattus sprattus SPR Sprat
Squalus acanthias DGS Spurdog/dogfish
Tetrapturus albidus WHM White marlin
Thunnus maccoyii SBF Southern bluefin tuna
Thunnus obesus BET Bigeye tuna
Thunnus thynnus BFT Bluefin tuna
Trachurus spp. JAX Horse mackerel
Trisopterus esmarkii NOP Norway pout
Urophycis tenuis HKW White hake
Xiphias gladius SWO Swordfish
The following table of correspondences of common names and Latin names is given exclusively for explanatory purposes:
Alfonsinos ALF Beryx spp.
American plaice PLA Hippoglossoides platessoides
Anchovy ANE Engraulis encrasicolus
Anglerfish ANF Lophiidae
Antarctic icefish ANI Champsocephalus gunnari
Atlantic halibut HAL Hippoglossus hippoglossus
Bigeye tuna BET Thunnus obesus
Birdbeak dogfish DCA Deania calcea
Blonde ray RJH Raja brachyura
Blue ling BLI Molva dypterygia
Blue marlin BUM Makaira nigricans
Blue whiting WHB Micromesistius poutassou
Bluefin tuna BFT Thunnus thynnus
Brill BLL Scophthalmus rhombus
Capelin CAP Mallotus villosus
Cod COD Gadus morhua
Common skate RJB Dipturus batis
Common sole SOL Solea solea
Crabs PAI Paralomis spp.
Cuckoo ray RJN Leucoraja naevus
Dab DAB Limanda limanda
Deep sea red crab CRR Chaceon (Geryon) quinquedens
Flatfish FLX Pleuronectiformes
Flounder FLE Platichthys flesus
Great lanternshark ETR Etmopterus princeps
Greater silver smelt ARU Argentina silus
Greenland halibut GHL Reinhardtius hippoglossoides
Grenadiers GRV Macrourus spp.
Grey rockcod NOS Lepidonotothen squamifrons
Haddock HAD Melanogrammus aeglefinus
Hake HKE Merluccius merluccius
Herring HER Clupea harengus
Horse mackerel JAX Trachurus spp.
Kitefin shark SCK Dalatias licha
Krill KRI Euphausia superba
Leafscale gulper shark GUQ Centrophorus squamosus
Lemon sole LEM Microstomus kitt
Ling LIN Molva molva
Mackerel MAC Scomber scombrus
Megrims LEZ Lepidorhombus spp.
Northern prawn PRA Pandalus borealis
Norway lobster NEP Nephrops norvegicus
Norway pout NOP Trisopterus esmarkii
Norwegian skate JAD Raja (Dipturus) nidarosiensis
Orange roughy ORY Hoplostethus atlanticus
Patagonian toothfish TOP Dissostichus eleginoides
"Penaeus" shrimps PEN Penaeus spp.
Plaice PLE Pleuronectes platessa
Pollack POL Pollachius pollachius
Porbeagle POR Lamna nasus
Portuguese dogfish CYO Centroscymnus coelolepis
Redfish RED Sebastes spp.
Roundnose grenadier RNG Coryphaenoides rupestris
Saithe POK Pollachius virens
Sandeels SAN Ammodytes spp.
Sandy ray RJI Leucoraja circularis
Shagreen ray RJF Leucoraja fullonica
Shortfin squid SQI Illex illecebrosus
Skates and rays SRX-RAJ Rajiformes - Rajidae
Small-eyed ray RJE Raja microocellata
Smooth lanternshark ETP Etmopterus pusillus
Snow crab PCR Chionoecetes spp.
Sole SOX Soleidae
Southern bluefin tuna SBF Thunnus maccoyii
Spotted ray RJM Raja montagui
Sprat SPR Sprattus sprattus
Spurdog/dogfish DGS Squalus acanthias
Squid SQS Martialia hyadesi
Starry ray RJR Amblyraja radiata
Swordfish SWO Xiphias gladius
Thornback ray RJC Raja clavata
Tope shark GAG Galeorhinus galeus
Turbot TUR Psetta maxima
Tusk USK Brosme brosme
Undulate ray RJA Raja undulata
White hake HKW Urophycis tenuis
White marlin WHM Tetrapturus albidus
White skate RJA Rostroraja alba
Whiting WHG Merlangius merlangus
Witch flounder WIT Glyptocephalus cynoglossus
Yellowtail flounder YEL Limanda ferruginea
 ANNEX IIA FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF CERTAIN STOCKS IN ICES ZONES IIIa, IV, VIa, VIIa, VIId, AND EU WATERS OF ICES ZONES IIa AND Vb 1.Scope 1.1. This Annex shall apply to EU vessels carrying on board or deploying any of the gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and present in any of the geographical areas referred to in point 2 of that Annex. 1.2. This Annex shall not apply to vessels of less than 10 metres' length overall. These vessels shall not be required to carry special fishing permits issued in accordance with Article 7 of Regulation (EC) No 1627/94. Member States concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using appropriate sampling methods. During 2010, the Commission shall seek scientific advice for evaluating the effort deployment of those vessels, with a view to their future inclusion into the effort regime. 2.Regulated gears and geographical areas For the purposes of this Annex, the regulated gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and geographical areas referred to in point 2 of that Annex shall apply. 3.Maximum allowable fishing effort 3.1. The maximum allowable effort referred to in Article 12(1) of Regulation (EC) No 1342/2008 and in Article 9(2) of Regulation (EC) No 676/2007 for the 2010 management period, from 1 February 2010 to 31 January 2011, for each of the effort groups of each Member State is set out in Appendix 1. 3.2. The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/2003 shall not affect the maximum allowable fishing effort set in this Annex. 4.Member States' obligations 4.1. Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 9 of Regulation (EC) No 676/2007, Articles 4 and 13 to 17 of Regulation (EC) No 1342/2008 and Articles 26 to 34 of Regulation (EC) No 1224/2009. 4.2. Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood, for the purpose of cod management, as each of the geographical areas referred to in point 2 and, for the purpose of sole and plaice management, as ICES zone IV. 5.Allocation of fishing effort 5.1. If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it shall not permit fishing with a regulated gear in any of the geographical areas to which this Annex applies by any of its vessels which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area. 5.2. A Member State may establish management periods for allocating all or parts of the maximum allowable effort to individual vessels or groups of vessels. In such case, the number of days or hours for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned. During any such management periods, the Member State may reallocate effort between individual vessels or groups of vessels. 5.3. If a Member State authorises vessels to be present within an area by hours, the Member State shall continue measuring the consumption of days in accordance with the conditions referred to in point 4. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a vessel terminating presences in the area before the end of a 24-hour period. 6.Communication of relevant data 6.1. Without prejudice to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States shall transmit to the Commission on its request the data on fishing effort deployed by their fishing vessels in the previous month and the months before, using the reporting format set out in Appendix 2. 6.2. The data shall be sent to the appropriate electronic mailbox address, which the Commission shall communicate to the Member States. When a data transfer to the Fisheries Data Exchange System (or any future data system decided by the Commission) will become operational, the Member State shall transmit the data to the system before the fifteenth of each month, referring to the effort deployed up to the end of the previous month. The Commission shall notify Member States the date at which the system shall be used for transmission at least two months in advance of the first due date. The first fishing effort declaration that will be sent to the system shall include the effort deployed since 1 February 2010. Member States shall transmit to the Commission on its request the data on fishing effort deployed by their fishing vessels during the month of January 2010. ANNEX IIB FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NORWAY LOBSTER STOCKS IN ICES DIVISIONS VIIIc AND IXa EXCLUDING THE GULF OF CADIZ 1.Scope This Annex shall apply to EU vessels of 10 metres’ length overall or more carrying on board or deploying trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm or bottom longlines, and present in ICES divisions VIIIc and IXa excluding the Gulf of Cadiz. 2.Definitions For the purposes of this Annex: (a)"gear grouping" means the grouping of trawls, Danish seines and similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm and bottom longlines; (b)"regulated gear" means any of the two gear categories belonging to the gear grouping; (c)"area" means ICES divisions VIIIc and IXa excluding the Gulf of Cadiz; (d)"2010 management period" means the period from 1 February 2010 to 31 January 2011; (e)"special conditions" means the special conditions set out in point 5.2; 3.Vessels concerned by fishing effort limitations 3.1. A Member State shall not authorise fishing with a regulated gear in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 in the area, excluding the record of fishing activities as a result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area. 3.2. A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in the area with a regulated gear, unless the vessel is allocated a quota after a transfer as permitted according to the Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 10 or 11 of this Annex. 4.General obligations and limitation in activity 4.1. Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 8 of Regulation (EC) No 2166/2005 and Articles 26 to 34 of Regulation (EC) No 1224/2009. 4.2. Each Member State shall ensure that, when carrying on board any regulated gear, EU vessels flying its flag shall be present within the area for no more than the number of days specified in point 5. 4.3. Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as the area defined in point 2. NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU VESSELS 5.Maximum number of days 5.1. During the 2010 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board any regulated gear is shown in Table I. 5.2. For the purposes of fixing the maximum number of days at sea an EU vessel may be authorised by its flag Member State to be present within the area, the following special conditions shall apply in accordance with Table I: (a)the total landings of hake in the year 2007 or 2008 made by the vessel shall represent less than 5 tonnes according to the landings in live weight consigned in the fishing logbook, and (b)the total landings of Norway lobster in the year 2007 or 2008 made by the vessel shall represent less than 2,5 tonnes according to the landings in live weight consigned in the fishing logbook. 5.3. The special condition referred to in point 5.2 might be transferred from one vessel to one or more other vessels which replace that vessel in the fleet, provided that the replacing vessel uses similar gear and does not have in any year of its operation a record of landings of hake and Norway lobster higher than the weights specified in point 5.2. 5.4. A Member State may manage its fishing effort allocations according to a kilowatt days system. By that system it may authorise any vessel concerned for any regulated gear and special conditions as set out in Table I to be present within the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to the regulated gear and to the special condition referred to in point 5.2 is respected.This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for the regulated gear and, where applicable, the special condition. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if this point were not applied. For as long as the number of days is unlimited according to Table I, the relevant number of days the vessel would benefit from is 360. 5.5. A Member State wishing to benefit from point 5.4 shall submit a request to the Commission with reports in electronic format containing for the gear grouping and special condition as laid down in Table I the details of the calculation based on: list of vessels authorised to fish by indicating their EU fishing fleet register number (CFR) and their engine power, track records of 2007, 2008 and 2009 for such vessels reflecting the catch composition defined in special conditions 5.2(a) or (b), if these vessels are qualified for such special condition, the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 5.4. On the basis of that description, the Commission may authorise that Member State to benefit from point 5.4. 6.Management periods 6.1. A Member State may divide the days present within the area given in Table I into management periods of durations of one or more calendar months. 6.2. The number of days or hours for which a vessel may be present within the area during a management period shall be fixed by the Member State concerned.In case that a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 4.1. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area that do not coincide with the end of a 24-hour period. 7.Allocation of additional days for permanent cessation of fishing activities 7.1. An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the area when carrying on board any regulated gear 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 either in accordance with Article 7 of Regulation (EC) No 2792/1999, Article 23 of Regulation (EC) No 1198/2006 or Council Regulation (EC) No 744/2008 of 24 July 2008 instituting a temporary specific action aiming to promote the restructuring of the European Community fishing fleets affected by the economic crisisOJ L 202, 31.7.2008, p. 1., or resulting from other circumstances duly motivated by Member States. Any vessels that can be shown to have been definitively withdrawn from the area may also be considered.The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gears in question shall be divided by the effort expended by all vessels using those gears during 2003. The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. This point shall not apply where a vessel has been replaced in accordance with point 3 or 5.3, or when the withdrawal has already been used in previous years to obtain additional days at sea. 7.2. Member States wishing to benefit from the allocations referred to in point 7.1 shall submit a request to the Commission with reports in electronic format containing, for the gear grouping and special condition as laid down in Table I, the details of the calculation based on: lists of withdrawn vessels with their EU fishing fleet register number (CFR) and their engine power, the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of fishing gears and if necessary special condition. 7.3. On the basis of such a request the Commission may amend the number of days defined in point 5.1 for that Member State in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 7.4. During the 2010 management period, a Member State may re-allocate those additional numbers of days at sea to all or part of the vessels remaining in fleet and qualified for the regulated gears. Additional days stemming from a withdrawn vessel that benefited from a special condition 5.2(a) or (b) may not be allocated to a vessel remaining active that does not benefit from a special condition. 7.5. A Member State may not reallocate in the 2010 management period any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission, unless the Commission has taken a decision that reassesses those additional numbers of days on the basis of the current gear groupings and limitations in days at sea. Upon the Member State's request to reassess the number of days, the Member State is provisionally authorised to reallocate 50 % of the additional number of days, until the Commission's decision is taken. 8.Allocation of additional days for enhanced observer coverage 8.1. Three additional days on which a vessel may be present within the area when carrying onboard any regulated gear may be allocated to Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries PolicyOJ L 60, 5.3.2008, p. 1. and its implementing rules for national programmes.Observers shall be independent from the owner, the master of the vessel and any crew member. 8.2. Member States wishing to benefit from the allocations referred to in point 8.1 shall submit a description of their enhanced observer coverage programme to the Commission for approval. 8.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 5.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 8.4. If an enhanced observer coverage programme submitted by a Member State has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of that programme four weeks before the beginning of the period for which the programme applies. 9.Special conditions for the allocation of days 9.1. If a vessel has received an unlimited number of days resulting from compliance with the special conditions, the vessel’s landings in the 2010 management period shall not exceed 5 tonnes live weight of hake and 2,5 tonnes live weight of Norway lobster. 9.2. The vessel shall not tranship any fish at sea to another vessel. 9.3. When either of these conditions is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the allocation of days corresponding to the given special condition.
Table I Maximum number of days a vessel may be present within the area by fishing gear per year
Special condition Regulated gear Maximum number of days
Bottom trawls, Danish seines and similar trawls of mesh size ≥32 mm, gill-nets of mesh size ≥60 mm and bottom longlines 158
5.2(a) and 5.2(b) Bottom trawls, Danish seines and similar trawls of mesh size ≥32 mm, gill-nets of mesh size ≥60 mm and bottom longlines Unlimited
 EXCHANGES OF FISHING EFFORT ALLOCATIONS 10.Transfer of days between vessels flying the flag of a Member State 10.1. A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has been authorised to another vessel flying its flag within the area provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the EU fishing fleet register. 10.2. The total number of days present within the area transferred under point 10.1 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 fishing logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel. 10.3. The transfer of days as described in point 10.1 shall be permitted only between vessels operating with any regulated gear and during the same management period. 10.4. Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without special condition. 10.5. On request from the Commission, Member States shall provide information on the transfers that have taken place. Formats of spreadsheet for the collection and transmission of information referred to in the present point may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 11.Transfer of days between fishing vessels flying the flag of different Member States Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided that points 3.1, 3.2, and 10 apply mutatis mutandis. Where Member States decide to authorise such a transfer, they shall notify the Commission, before the transfer takes place, the details of the transfer, including the number of days, the fishing effort and, where applicable, the fishing quotas relating thereto. REPORTING OBLIGATIONS 12.Collection of relevant data Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect on a quarterly basis the information about total fishing effort deployed within the area for towed gears and static gears, effort deployed by vessels using different types of gear in the area, and the engine power of those vessels in kW. 13.Communication of relevant data Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with the data referred to in point 12 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission. Member States shall, upon the Commission's request, also send to the Commission detailed information on effort allocated and consumed covering all or parts of the 2009 and 2010 management periods, using the data format specified in Tables IV and V.
Table II Reporting format kW-day information by year
Country Gear Year Cumulative effort declaration
(1) (2) (3) (4)
Table III Data format kW-day information by year Information relevant for transmission of data by fixed-length formatting.
Name of field Maximum number of characters/digits AlignmentL(eft)/R(ight) Definition and comments
(1)Country 3 Member State (Alpha-3 ISO code) in which the vessel is registered
(2)Gear 2 one of the following gear types:TR = trawls, Danish seines and similar gear ≥ 32 mmGN = gillnets ≥ 60 mmLL = bottom longlines
(3)Year 4 either 2006 or 2007 or 2008 or 2009 or 2010
(4)Cumulative effort declaration 7 R cumulative amount of fishing effort expressed in kilowatt days deployed from 1 January until 31 December of the year
Table IV Reporting format for vessel-related information
Country CFR External marking Length of management period Gear notified Special condition applying to notified gear(s) Days eligible using notified gear(s) Days spent with notified gear(s) Transfer of days
No 1 No 2 No 3 … No 1 No 2 No 3 … No 1 No 2 No 3 … No 1 No 2 No 3 …
(1) (2) (3) (4) (5) (5) (5) (5) (6) (6) (6) (6) (7) (7) (7) (7) (8) (8) (8) (8) (9)
Table V Data format for vessel-related information Information relevant for transmission of data by fixed-length formatting.
Name of field Maximum number of characters/digits AlignmentL(eft)/R(ight) Definition and comments
(1)Country 3 Member State (Alpha-3 ISO code) in which vessel is registered.
(2)CFR 12 EU fishing fleet register numberUnique 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 L Under Regulation (EEC) No 1381/87.
(4)Length of management period 2 L Length of the management period measured in months
(5)Gears notified 2 L One of the following gear typesTR = trawls, Danish seines and similar gear ≥ 32 mmGN = gillnets ≥ 60 mmLL = bottom longlines
(6)Special condition applying to notified gear(s) 2 L Indication of which, if any, of the special condition a-b referred to in point 7.2 of Annex IIB that apply
(7)Days eligible using notified gear(s) 3 L Number of days for which the vessel is eligible under Annex IIB for the choice of gears and length of management period notified
(8)Days spent with notified gear(s) 3 L Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period
(9)Transfers of days 4 L For days transferred indicate "– number of days transferred" and for days received indicate "+ number of days transferred".
 ANNEX IIC FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF WESTERN CHANNEL SOLE STOCKS ICES ZONE VIIe GENERAL PROVISIONS 1.Scope 1.1. This Annex shall apply to EU vessels of 10 metres' length overall or more carrying on board or deploying any of the gears defined in point 3, and present in zone VIIe. For the purposes of this Annex, a reference to the 2010 management period means the period from 1 February 2010 to 31 January 2011. 1.2. Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with track records of less than 300 kg live weight of sole according to the fishing logbook in 2004 shall be exempt from the provisions of this Annex on the conditions that: (a)such vessels catch less than 300 kg live weight of sole during the 2010 management period; (b)such vessels shall not tranship any fish at sea to another vessel; and (c)each Member State concerned makes a report to the Commission by 31 July 2010 and 31 January 2011 on these vessels' track records for sole in 2004 and catches of sole in 2010. When either of these conditions is not met, the vessels concerned shall with immediate effect cease to be exempted from the provisions of this Annex. 2.Fishing gear For the purposes of this Annex, the following groupings of fishing gears shall apply: (a)beam trawls of mesh size equal to or greater than 80 mm; (b)static nets including gill-nets, trammel-nets and tangle-nets with mesh size less than 220 mm. 3.General obligations and limitation in activity 3.1. Member States shall manage the maximum allowable effort in accordance with Articles 26 to 34 of Regulation (EC) No 1224/2009. 3.2. Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as the ICES zone VIIe. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS 4.Vessels concerned by fishing effort limitations 4.1. Vessels using gear types identified in point 2 and fishing in areas defined in point 1 shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94. 4.2. A Member State shall not permit fishing with a gear belonging to a grouping of fishing gears defined in point 2 in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area. 4.3. However, a vessel with a track record of using a gear belonging to a grouping of fishing gears defined in point 2 may be authorised to use a different fishing gear, 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. 4.4. A vessel flying the flag of a Member State having no quotas in the area defined in point 1 shall not be permitted to fish in that area with a gear belonging to a grouping of fishing gear defined in point 2, unless the vessel is allocated a quota after a transfer as permitted according to the Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 10 or 11 of this Annex. 5.Limitations in activity Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears referred to in point 2, fishing vessels flying its flag and registered in the Union shall be present within the area for no more than the number of days set out in point 6. NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU VESSELS 6.Maximum number of days 6.1. During the 2010 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board and used any one of the fishing gears referred to in point 2 is shown in Table I. 6.2. During the 2010 management period, the number of days at sea for which a vessel is present within the total area covered by this Annex and Annex IIA shall not exceed the number shown in Table I of this Annex. However, where the vessel is subject to allocations of maximum effort for its presence in areas covered by Annex IIA alone, it shall comply with the maximum effort thus fixed. 6.3. During the 2010 management period, a Member State may manage its fishing effort allocation according to a kilowatt days system. By that system it may authorise any vessel concerned to be present within the area for a maximum number of days which is different from that set out in Table I for any one of the groupings of fishing gears laid down in that Table, provided that the overall amount of kilowatt days corresponding to such a grouping is respected.For a specific grouping of fishing gears, the overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific grouping. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if this point were not applied. 6.4. A Member State wishing to benefit from point 6.3 shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on: list of vessels authorised to fish by indicating their EU fishing fleet register number (CFR) and their engine power, the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 6.3. On the basis of that description, the Commission may authorise that Member State to benefit from point 6.3. 7.Management periods 7.1. A Member State may divide the days present within the area given in Table I into management periods of durations of one or more calendar months. 7.2. The number of days or hours for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned.In case that a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 3. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area that do not coincide with the end of a 24-hours-period. 8.Allocation of additional days for permanent cessations of fishing activities 8.1. An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the geographical area when carrying on board any of the gears referred to in point 2 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 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or Article 23 of Regulation (EC) No 1198/2006 or Regulation (EC) No 744/2008, or resulting from other circumstances duly motivated by Member States.The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question shall be divided by the effort expended by all vessels using that gear during 2003. The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be rounded to the nearest whole day.This point shall not apply where a vessel has been replaced in accordance with point 4.2 or when the withdrawal has already been used in previous years to obtain additional days at sea. 8.2. Member States wishing to benefit from the allocations referred to in point 8.1 shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on: lists of withdrawn vessels with their EU fishing fleet register number (CFR) and their engine power, the fishing activity deployed by such vessels in 2003 calculated in days at sea by concerned grouping of fishing gears. 8.3. On the basis of such a request the Commission may amend the number of days defined in point 6.2 for that Member State in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 8.4. During the 2010 management period, a Member State may re-allocate those additional numbers of days at sea to all or parts of the vessels remaining in fleet and qualified for the relevant grouping of fishing gears. 8.5. A Member State may not reallocate in the 2010 management period any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission, unless the Commission has taken a decision that reassesses those additional numbers of days on the basis of the current gear groupings and limitations in days at sea. Upon the Member State's request to reassess the number of days, the Member State is provisionally authorised to reallocate 50 % of the additional number of days, until the Commission's decision is taken. 9.Allocation of additional days for enhanced observer coverage 9.1. Three additional days on which a vessel may be present within the area when carrying onboard any of the groupings of fishing gear referred to in point 2 may be allocated between 1 February 2010 and 31 January 2011 to Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 199/2008 and Regulation (EC) No 665/2008 for national programmes.Observers shall be independent from the owner, the master of the fishing vessel and any crew member. 9.2. Member States wishing to benefit from the allocations referred to in point 9.1 shall submit a description of their enhanced observer coverage programme to the Commission for approval. 9.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 6.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 9.4. If an enhanced observer coverage programme submitted by a Member State has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of that programme four weeks before the beginning of the period for which the programme applies.
Table I Maximum number of days a vessel may be present within the area by gear grouping per year
Gearpoint 3 DenominationOnly the gear groupings as defined in point 3 are used Western Channel
3(a) Beam trawls of mesh size ≥ 80 mm 164
3(b) Static nets with mesh size < 220 mm 164
 EXCHANGES OF FISHING EFFORT ALLOCATIONS 10.Transfer of days between fishing vessels flying the flag of a Member State 10.1. A Member State may permit any of its fishing vessels flying its flag to transfer days present within the area for which it has been authorised to another of its vessels flying its flag within the area provided that the product of the days received by a vessel and its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the EU fishing fleet register. 10.2. The total number of days present within the area, 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 fishing logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel. 10.3. The transfer of days as described in point 10.1 shall be permitted only between vessels operating within the same gear grouping referred to in point 2 and during the same management period. 10.4. On request from the Commission, Member States shall provide reports on the transfers that have taken place. A detailed format of spreadsheet for making these reports available to the Commission may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 11.Transfer of days between fishing vessels flying the flag of different Member States Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided that points 4.2, 4.4, 6 and 10 apply mutatis mutandis. Where Member States decide to authorise such a transfer, as a preliminary they shall notify the Commission before the transfer takes place, the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the fishing quotas relating thereto, as agreed between them. REPORTING OBLIGATIONS 12.Collection of relevant data Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed within the area for towed gears and static gears and effort deployed by vessels using different types of gear in the area concerned by this Annex. 13.Communication of relevant data Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with the data referred to in point 12 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission. Member States shall, upon the Commission's request, also send to the Commission detailed information on effort allocated and consumed covering all or parts of the 2009 and 2010 management periods, using the data format specified in Tables IV and V.
Table II Reporting format kW-day information by year
Country Gear Year Cumulative effort declaration
(1) (2) (3) (4)
Table III Data format kW-day information by year Information relevant for transmission of data by fixed-length formatting.
Name of field Maximum number of characters/digits AlignmentL(eft)/R(ight) Definition and comments
(1)Country 3 Member State (Alpha-3 ISO code) in which the vessel is registered
(2)Gear 2 one of the following gear types:BT = beam trawls ≥ 80 mmGN = gillnet < 220 mmTN = trammel net or entangling net < 220 mm
(3)Year 4 either 2006 or 2007 or 2008 or 2009 or 2010
(4)Cumulative effort declaration 7 R cumulative amount of fishing effort expressed in kilowatt days deployed from 1 January until 31 December of the year
Table IV Reporting format for vessel-related information
Country CFR External marking Length of management period Gear notified Days eligible using notified gear(s) Days spent with notified gear(s) Transfer of days
No 1 No 2 No 3 … No 1 No 2 No 3 … No 1 No 2 No 3 …
(1) (2) (3) (4) (5) (5) (5) (5) (6) (6) (6) (6) (7) (7) (7) (7) (8)
Table V Data format for vessel-related information Information relevant for transmission of data by fixed-length formatting.
Name of field Maximum number of characters/digits AlignmentL(eft)/R(ight) Definition and comments
(1)Country 3 Member State (Alpha-3 ISO code) in which vessel is registered.
(2)CFR 12 EU fishing fleet register numberUnique identification number of a fishing vesselMember 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 L Under Regulation (EEC) No 1381/87
(4)Length of management period 2 L Length of the management period measured in months
(5)Gears notified 2 L One of the following gear types:BT = beam trawls ≥ 80 mmGN = gillnet < 220 mmTN = trammel net or entangling net < 220 mm
(6)Special condition applying to notified gear(s) 3 L Number of days for which the vessel is eligible under Annex IIC for the choice of gears and length of management period notified
(8)Days spent with notified gear(s) 3 L Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period
(9)Transfers of days 4 L For days transferred indicate "– number of days transferred" and for days received indicate "+ number of days transferred".
 ANNEX IID FISHING OPPORTUNITIES FOR VESSELS FISHING FOR SANDEEL IN ICES ZONES IIa, IIIa AND IV 1. The conditions laid down in this Annex shall apply to EU vessels fishing in EU waters of ICES zones IIa, IIIa and IV with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm. 2. The conditions laid down in this Annex shall apply to third-country vessels authorised to fish for sandeel in EU waters of ICES zone IV unless otherwise specified, or as a consequence of consultations between the Union and Norway as set out in the Agreed Record of conclusions between the European Union and Norway. 3. For the purposes of this Annex, a day present within the area shall be: (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 fishing logbook between the date and time of departure and the date and time of arrival or any part of any such time period. 4. Each Member State concerned shall maintain a data base containing for EU waters of ICES zones IIa, IIIa and IV and for each vessel flying its flag or registered within the Union which have been fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm, the following information: (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 present within the area 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 present within the area and the installed engine power in kilowatts. 5. Exploratory fishery relating to sandeel abundance shall start no earlier than 1 April 2010 and end no later than 6 May 2010.The total ceiling of fishing effort allowed in the exploratory fishery relating to sandeel abundance in 2010 shall be determined on the basis of the total fishing effort deployed by EU vessels in 2007 established in accordance with point 4 and shall be divided among Member States in accordance with the quota allocations for this TAC. 6. The TAC and quotas for sandeel in EU waters of ICES zones IIa, IIIa and IV as laid down in Annex I shall be revised by the Commission as early as possible based on advice from ICES and the STECF on the size of the 2009 year class of North Sea sandeel, taking into account the following principles as well as other relevant elements contained in the scientific advice:The TAC for EU waters of ICES zones IIa and IV shall be established according to the following function:TAC 2010 = -333+R1,2010*3,692where R1,2010 is the stock size of age 1 sandeel in billions on 1 January 2010 and the TAC is expressed in 1000 tonnes. 7. If the TAC calculated in point 6 exceeds 400000 tonnes, the TAC shall be set at 400000 tonnes. 8. Commercial fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited from 1 August 2010 until 31 December 2010. ANNEX III
Quantitative limitations of fishing authorisations for EU vessels fishing in third-country waters The fishing authorisations for fishing activities in these waters may only be granted as from 26 January 2010. The fishing authorisations for fishing activities in these waters may only be granted as from 4 June 2010. 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". These figures refer to the maximum number of vessels present at any time. These figures are included in the figures for "Trawl fisheries outside 21 miles from the Faroese baselines".
Area of fishing Fishery Number of fishing authori-sations Allocation of fishing authorisations 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 93 DK: 32, DE: 6, FR: 1, IE: 9, NL: 11, PL: 1, SV: 12, UK: 21 69
Demersal species, north of 62°00′ N 80 DE: 16, IE: 1, ES: 20, FR: 18, PT: 9, UK: 14 50
Mackerel 97 DK: 15, DE: 4, FR: 2, IE: 23, NL: 11, SE: 6, UK: 36 70
Industrial species, south of 62°00′ N 480 DK: 450, UK: 30 150
Faroese waters 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 fisheries 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 4
Trawl fisheries outside 21 miles from the Faroese baseline. In the periods from 1 March to 31 May and from 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, FR: 12, UK: 0 20
Directed trawl fisheries for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend 70 22
Fisheries for blue whiting. The total number of fishing authorisations 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". 36 DE: 3, DK: 19, FR: 2, NL: 5, UK: 5 20
Line fisheries 10 UK: 10 36
Mackerel 12 DK: 12 12
Herring, north of 61° N 21 DK: 7, DE: 1, IE: 2, FR: 0, NL: 3, SV: 3, UK: 5 21
 ANNEX IV ICCAT CONVENTION AREA 1. Maximum number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic
Spain 63
France 44
EU 107
 2. Maximum number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean
Spain 139
France 86
Italy 35
Cyprus 25
Malta 83
EU 368
 3. Maximum number of EU vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes
Italy 68
EU 68
 4. Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean
Table A Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line) From which 8 vessels used as longliners
Number of fishing vessels
Cyprus Greece Italy France Spain Malta
Purse Seiners 1 1 24 19 6 0
Longliners 12 0 30 0 81 83
Bait boat 0 0 0 8 61 0
Handline 0 0 0 29 2 0
Trawler 0 0 0 78 0 0
Other artisanal 0 256 0 87 33 0
Table B Temporary cessation of activities in 2010 Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line)
Total capacity in gross tonnage
Cyprus Greece Italy France Spain Malta
Purse Seiners 51 260 4826 1608 0
Longliners 409 — 1196 0 4416,73 1365,64
Bait boat — — — 243 10335,58 0
Handline — — — 1436 20,96 0
Trawler — — — 9212 0 0
Other artisanal — 3343,21 — 943 489,83 0
 5. Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State
Number of traps
Spain 6
Italy 6
Portugal 1
 6. Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean
Table A
Maximum tuna farming capacity and fattening capacity
Number of farms Capacity (in tonnes)
Spain 14 11852
Italy 15 13000
Greece 2 2100
Cyprus 3 3000
Malta 8 12300
Table B
Maximum input of wild caught bluefin tuna (in tonnes)
Spain 5855
Italy 3764
Greece 785
Cyprus 2195
Malta 8768
 ANNEX V CCAMLR CONVENTION AREA Part A PROHIBITION OF DIRECTED FISHING IN CCAMLR CONVENTION AREA
Except for scientific research purposes. Excluding waters subject to national jurisdiction (EEZs).
Target species Zone Period of prohibition
Sharks (all species) Convention Area All year
Notothenia rossii FAO 48.1 Antarctic, in the Peninsula AreaFAO 48.2 Antarctic, around the South OrkneysFAO 48.3 Antarctic, around South Georgia All year
Finfish FAO 48.1 AntarcticFAO 48.2 Antarctic All year
Gobionotothen gibberifronsChaenocephalus aceratusPseudochaenichthys georgianusLepidonotothen squamifronsPatagonotothen guntheriElectrona carlsbergiv FAO 48.3 All year
Dissostichus spp. FAO 48.5 Antarctic 1.12.2009 to 30.11.2010
Dissostichus spp. FAO 88.3 AntarcticFAO 58.5.1 AntarcticFAO 58.5.2 Antarctic east of 79° 20' E and outside the EEZ to the west of 79° 20' EFAO 88.2 Antarctic north of 65° SFAO 58.4.4 AntarcticFAO 58.6 AntarcticFAO 58.7 Antarctic All year
Lepidonotothen squamifrons FAO 58.4.4 All year
All species except Champsocephalus gunnari and Dissostichus eleginoides FAO 58.5.2 Antarctic 1.12.2009 to 30.11.2010
Dissostichus mawsoni FAO 48.4 Antarctic within the area bounded by latitudes 55o 30' S and 57o 20' S and by longitudes 25o 30' W and 29o 30' W All year
 Part B CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE CCAMLR CONVENTION AREA IN 2009/10
Rules for catch limits for by-catch species per SSRU, applicable within total by-catch limits per Subarea: skates and rays: 5 % of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greatest, Macrourus spp.: 16 % of the catch limit for Dissostichus spp., other species: 20 tonnes per SSRU.
Subarea/Division Region Season SSRU Dissotichus spp. catch limit (tonnes) By-catch catch limit (tonnes)
Skates and rays Macrourus spp. Other species
58.4.1 Whole Division 1.12.2009 to 30.11.2010 SSRU A, B, D, F and H: 0SSRU C: 100SSRU E: 50SSRU G: 60 Total 210 AllDivision: 50 AllDivision: 33 AllDivision: 20
58.4.2 Whole Division 1.12.2009 to 30.11.2010 SSRU A: 30SSRU B, C and D: 0SSRU E: 40 Total 70 AllDivision: 50 AllDivision: 20 AllDivision: 20
88.1 All Subarea 1.12.2009 to 31.08.2010 SSRU A: 0SSRUs B, C and G: 372SSRUs D, E and F: 0SSRUs H, I and K: 2104SSRUs J and L: 374SSRU M: 0 Total 2850 142SSRU A: 0SSRU B, C and G: 50SSRU D, E and F: 0SSRU H, I and K: 105SSRU J and L: 50SSRU M: 0 430SSRU A: 0SSRU B, C and G: 40SSRU D, E and F: 0SSRU H, I and K: 320SSRU J and L: 70SSRU M: 0 20SSRU A: 0SSRU B, C and G: 60SSRU D, E and F: 0SSRU H, I and K: 60SSRU J and L: 40SSRU M: 0
88.2 South of 65o S 1.12.2009 to 31.08.2010 SSRU A and B: 0SSRUs C, D, F and G: 214SSRU E: 361 Total 575 50SSRU A and B: 0SSRU C, D, F and G: 50SSRU E: 50 92SSRU A and B: 0SSRU C, D, F and G: 34SSRU E: 58 20SSRU A and B: 0SSRU C, D, F and G: 80SSRU E: 20
 Part C NOTIFICATION OF INTENT TO PARTICIPATE IN A FISHERY FOR EUPHAUSIA SUPERBA Contracting Party:Fishing season:Name of vessel:Expected level of catch (tonnes):
Fishing technique:  Conventional trawl
 Continuous fishing system
 Pumping to clear codend
 Other approved methods: Please specify _
Products to be derived from the catch and their conversion factors:
Information to be provided to the extent possible. Conversion factor = whole weight/processed weight.
Product type % of catch Conversion factor
Subarea/Division Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
48.1
48.2
48.3
48.4
48.5
48.6
58.4.1
58.4.2
88.1
88.2
88.3
X Tick boxes where and when you are most likely to operate.
Precautionary catch limits not set, therefore considered as exploratory fisheries.
Note that the details you provide here are for information only and do not preclude you from operating in areas or times which you did not specify Part D NET CONFIGURATION AND USE OF FISHING TECHNIQUES
Net opening (mouth) circumference (m) Vertical opening (m) Horizontal opening (m)
Net panel length and mesh size
Panel Length (m) Mesh size (mm)
1st panel
2nd panel
3rd panel
…
Final panel (Codend)
Provide diagram of each net configuration usedUse of multiple fishing techniqueIf yes, frequency of switch between fishing techniques:: Yes No
Fishing technique Expected proportion of time to be used (%)
1
2
3
4
5
… Total 100 %
Presence of marine mammal exclusion deviceIf yes, provide design of the device:: Yes No Provide explanation of fishing techniques, gear configuration and characteristics and fishing patterns: ANNEX VI IOTC AREA 1. Maximum number of EU vessels authorised to fish for tropical tunas in the IOTC Area
Member State Maximum number of vessels Capacity (GT)
Spain 22 61364
France 21 31467
Italy 1 2137
Portugal 5 1627
EU 49 96595
 2. Maximum number of EU vessels authorised to fish for swordfish and albacore in the IOTC Area
Member State Maximum number of vessels Capacity (GT)
Spain 27 11600
France 25 1940
Portugal 15 6925
United Kingdom 4 1400
EU 71 21865
 3. The vessels referred to in point 1 shall also be authorised to fish for swordfish and albacore in the IOTC Area. 4. The vessels referred to in point 2 shall also be authorised to fish for tropical tunas in the IOTC Area. ANNEX VII WCPFC CONVENTION AREAMaximum number of EU vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC Convention Area
Spain 14
EU 14
 ANNEX VIII Quantitative limitations of fishing authorisations for third-country vessels fishing in EU waters
The fishing authorisations for fishing vessels flying the flag of Norway may only be granted as from the date of conclusion of the bilateral fisheries arrangement with Norway for 2010. The fishing authorisations for fishing vessels flying the flag of Faroe Islands may only be granted as from the date of conclusion of the bilateral fisheries arrangement with the Faroe Islands for 2010. To issue these licences, proof must be produced that a valid contract exists between the vessel owner applying for the licence and a processing undertaking situated in the Department of French Guyana and that it includes an 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. The contract referred to above must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guyanese economy. A copy of the duly endorsed contract shall be appended to the licence application. Where the endorsement referred to above is refused, the French authorities shall notify this refusal and state their reasons for it to the party concerned and to the Commission.
Flag State Fishery Number of fishing authorisations Maximum number of vessels present at any time
Norway Herring, north of 62° 00' N 20 20
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, II, VIa (north of 56° 30' N), VIb, VII (west of 12° 00' W) 20 20
Blue ling 16 16
Venezuela Snappers (French Guyana waters) 41 pm
Sharks (French Guyana waters) 4 pm