1.   The Commission shall, on the basis of advice from ICES and STECF, evaluate the impact of the recovery measures on the stocks concerned and the fisheries on those stocks in the second year of application of this Regulation and in each of the following years.

2.   Where the Commission finds, on the basis of the annual evaluation, that any of the stocks concerned have reached the objective set out in Article 2, the Council shall decide by qualified majority on a proposal from the Commission to replace, for that stock, the recovery plan provided for in this Regulation by a management plan in accordance with Article 6 of Regulation (EC) No 2371/2002.

3.   Where the Commission finds, on the basis of the annual evaluation, that any of the stocks concerned do not show proper signs of recovery, the Council shall decide by qualified majority on a proposal from the Commission on additional and/or alternative measures in order to ensure recovery of the stock concerned.

1.   Each year, the Council shall decide by qualified majority on the basis of a proposal from the Commission on a TAC for the following year for the stocks concerned.

2.   The TAC for the stock referred to in Article 1(a) shall be set in accordance with Article 5.

3.   The TACs for the stocks referred to in Article 1(b) and (c) shall be set in accordance with Article 6.

1.   Where the fishing mortality rate for the stock referred to in Article 1(a) has been estimated by the STECF in the light of the most recent report of ICES to be above 0,3 per year, the TAC shall not exceed a level of catches which, according to a scientific evaluation carried out by the STECF in the light of the most recent report of ICES, will result in a reduction of 10 % in the fishing mortality rate in the year of its application as compared with the fishing mortality rate estimated for the preceding year.

2.   Where the fishing mortality rate for the stock referred to in Article 1(a) has been estimated by the STECF in the light of the most recent report of ICES to be equal to or below 0,3 per year, the TAC shall be set at a level of catches which, according to a scientific evaluation carried out by the STECF in the light of the most recent report of ICES, will result in a fishing mortality rate of 0,27 per year in the year of its application.

3.   Where STECF, in the light of the most recent report of ICES, is able to calculate a level of catches corresponding to the mortality rates specified in paragraphs 1 and 2 for only a part of ICES Divisions VIIIc and IXa, the TAC shall be set at a level that is compatible with both:

The method of calculation used shall be that provided in the Annex to this Regulation.

1.   The TACs referred to in Chapter II shall be complemented by a system of fishing effort limitation based on the geographical areas and groupings of fishing gear, and the associated conditions for the use of these fishing opportunities specified in Annex IVb to Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (5).

2.   Each year, the Council shall decide by qualified majority on the basis of a proposal from the Commission on an adjustment to the maximum number of fishing days available for vessels subject to the system of fishing effort limitation referred to in paragraph 1. The adjustment shall be in the same proportion as the annual adjustment in fishing mortality that is estimated by ICES and STECF as being consistent with the application of the fishing mortality rates established according to the method described in Article 5.

3.   By way of derogation from paragraphs 1 and 2, each Member State concerned may implement a different method of effort management in that part of Area IXa lying east of longitude 7°23′48″ W as measured according to the WGS84 standard. Such a method shall establish a reference level of fishing effort equal to the fishing effort deployed in the year 2005. For 2006 and subsequent years, the fishing effort shall be adjusted by an amount that shall be decided by qualified majority by the Council on the basis of a proposal by the Commission. This adjustment shall be proposed after considering the most recent advice from STECF in the light of the most recent report from ICES. In the absence of a decision by the Council, Member States concerned shall ensure that the fishing effort does not exceed the reference level.

4.   Each Member State taking up the derogation in paragraph 3 may be requested by the Commission to provide a report on the implementation of any different method of effort management. The Commission will communicate this report to all other Member States.

5.   For the purposes of paragraph 3, fishing effort shall be measured as the sum, in any calendar year, of the products across all relevant vessels of their installed engine power measured in kW and their number of days fishing in the area.

1.   By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish (6), the permitted margin of tolerance, in estimation of quantities of the stocks concerned, in kilograms retained on board of vessels shall be 8 % of the logbook figure. In the event that no conversion factor is laid down in Community legislation, the conversion factor adopted by the Member State whose flag the vessel is flying shall apply.

2.   Paragraph 1 shall not apply if the quantity of the stocks concerned on board is less than 50 kg.

1.   When quantities of the stock referred to in Article 1(a) greater than 50 kg are stowed on board a vessel, it shall be prohibited to retain on board a Community fishing vessel in a container any quantity of the stocks referred to in Article 1 mixed with any other species of marine organisms.

2.   The masters of Community fishing vessels shall give Member States’ inspectors such assistance as will enable the quantities declared in the logbook and the catches of the stocks concerned that are retained on board to be cross-checked.

1.   The competent authorities of a Member State may require that any quantity of the stock referred to in Article 1(a) exceeding 300 kg or the stocks referred to in Article 1(b) and/or (c) exceeding 150 kg caught in any of the geographical areas referred to in Article 1 and first landed in that Member State is weighed before being transported elsewhere from the port of first landing.

2.   By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities of the stock referred to in Article 1(a) exceeding 300 kg which are transported to a place other than that of landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of Regulation (EEC) No 2847/93 pertaining to the quantities of these species transported. The exemption provided for in Article 13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.