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

6. The maximum number of kilowatt-days referred to in point 5 shall be revised by the Commission as early as possible and not later than 15 May 2005, based on advice from the STECF on the size of the 2004 year class of North Sea sandeel, in accordance with the following rules:

(a)

where STECF estimates the size of the 2004 year class of North Sea sandeel to be at or above 500 000 million individuals at age 0, no restrictions in kilowatt-days shall apply for the remaining of 2005;

(b)

where STECF estimates the size of the 2004 year class of North Sea sandeel to be between 300 000 million and 500 000 million individuals at age 0, the number of kilowatt-days shall not exceed the level in 2003 as calculated in point 4(a);

(c)

where STECF estimates the size of the 2004 year class of North Sea sandeel to be below 300 000 million individuals at age 0, fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited for the remaining of 2005. However, a limited fishery will be allowed in order to monitor the sandeel stocks in the North Sea and the Skagerrak and the effects of the closure. To this end the Member States concerned shall in cooperation with the Commission develop a plan for the monitoring fishery.