Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking into account available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries.

Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council, to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be allocated to Member States and third countries in accordance with the criteria laid down in Article 20 of that Regulation.

In order to ensure effective management of the TACs and quotas, the specific conditions under which fishing operations occur should be established.

It is necessary to establish the principles and certain procedures of fishery management at Community level, so that Member States can ensure the management of the vessels flying their flag.

Pursuant to the Article 6 of the 2003 Act of Accession, fisheries agreements concluded by Latvia and Lithuania with third countries shall be managed by the Community. In accordance with these agreements, the Community has held consultations with the Russian Federation.

The Community is a Contracting Party to several regional fisheries organisations. Those fisheries organisations have recommended the setting of catch limitations and other conservation rules for certain species. Those recommendations should therefore be implemented by the Community.

At its Annual Meeting in June 2004, the Inter-American Tropical Tuna Commission (IATTC) adopted catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna, and technical measures as regards the treatment of by-catches. Although the Community is not a member of the IATTC, it is necessary to implement those measures to ensure sustainable management of the resource under the jurisdiction of that Organisation.

At its Annual Meeting in 2004, 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, the ICCAT adopted a Decision observing that during the year 2003, the European Community had under-exploited its quota for several stocks.

In order to respect the adjustments to the Community quotas established by the ICCAT, it is necessary for the distribution of the fishing opportunities arising from the under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the underutilisation without modifying the distribution key established in this Regulation concerning the annual allocation of TACs.

At its Annual Meeting in 2004, the North East Atlantic Fisheries Commission (NEAFC) has adopted a recommendation to restrict fishing within certain areas in order to protect vulnerable deep-water habitats. This recommendation should be implemented by the Community.

As a temporary measure, catches of herring in mixed fisheries as referred to in Article 2 of Regulation (EC) No 973/2001 should be counted against the relevant quota for herring.

As a temporary measure, the fishing effort concerning certain deep-sea species should be reduced in accordance with scientific advice from the International Council for the Exploration of the Sea (ICES).

In order to contribute to the conservation of fish stocks, certain complementary measures on control and technical conditions of fishing should be implemented in 2005.

For the stocks of sole in the Western channel, of Southern hake and of Nephrops, it is necessary to apply a provisional effort management scheme. For the cod stocks in the Kattegat, in the North Sea, Skagerrak and the Western channel, in the Irish Sea and in the west of Scotland, the existing effort management scheme needs to be adapted.

Under Article 20 of Regulation (EC) No 2371/2002 it is incumbent upon the Council to decide on the conditions associated with the limits on catches and/or fishing effort limits. Scientific advice indicates that substantial catches in excess of agreed TACs result in prejudice to the sustainability of fishing operations. It is therefore appropriate to introduce associated conditions that will result in improved implementation of the agreed fishing possibilities.

It is necessary, following the advice from the ICES, to apply a temporary system to manage the fishing effort of the industrial fishery for sandeel in ICES Sub-area IV and Division IIIa North.

Scientific advice indicates that the stock of North Sea plaice is not fished sustainably and that levels of discards are very high. Scientific advice and advice from the North Sea Regional Advisory Council indicates that it is appropriate to adjust the fishing opportunities in terms of fishing effort of vessels targeting plaice.

For the adjustment of fishing effort limitations on cod as laid down in Regulation (EC) No 423/2004 alternative arrangements are proposed in order to manage fishing effort consistently with the TAC, as laid down in Article 8(3) of the said Regulation.

At its 25th Annual Meeting of 15 to 19 September 2003, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a rebuilding plan for Greenland halibut in NAFO Sub-area 2 and divisions 3KLMNO. The plan foresees a reduction of the TAC level until 2007 as well as additional measures to ensure its effectiveness. It is necessary to implement that plan for 2005 pending the adoption of a Council Regulation implementing multiannual measures to rebuild the Greenland halibut stock.

At its 26th Annual Meeting of 13 to 17 September 2004, the NAFO adopted Management Measures for a number of previously unregulated stocks, namely skates in Division 3LNO, redfish in Division 3O and white hake in Division 3NO. It is therefore necessary to implement these measures and to establish an allocation between Member States.

In order to comply with international obligations undertaken by the Community as a Contracting Party to the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), including the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by that Commission for the 2004-2005 season and the corresponding season limit dates should be applied.

At its XXIII Annual meeting in 2004, the CCAMLR adopted relevant catch limits for the stocks open to established fisheries by any CCAMLR Member. CCAMLR also approved the participation of Community fishing vessels in exploratory fisheries for Dissostichus spp. in Sub-areas FAO 88.1 and in Divisions 58.4.1, 58.4.2, 58.4.3a) and 58.4.3b) and made the relevant fishing activities subject to catch and by-catch limits, as well as to certain specific technical measures. Those limits and technical measures should also be applied.

In order to ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2005. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities,