31.12.2008 Official Journal of the European Union L 352/1 | (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL 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 stocks THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploi- tation of fisheries resources under the common fisheries policy (1), and in particular Article 20 thereof, Having regard to the proposal of the Commission, Whereas: Under Article 4 of Regulation (EC) No 2371/2002 the Council is 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 any advice received from Regional Advisory Councils established under Article 31 of that Regulation. Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing oppor- tunities by fishery or group of fisheries and to allocate them in accordance with prescribed criteria. The latest scientific advice from the International Council for the Exploration of the Sea (ICES) concerning certain stocks of fish found in the deep sea indicates that those () O] L 358, 31.12.2002, p. 59. ) ) stocks are harvested unsustainably, and that fishing opportunities for those stocks should be reduced in order to assure their sustainability. The ICES has further advised that the exploitation rate of orange roughy in ICES subarea VII is much too high. Scientific advice further indicates that orange roughy in subarea VI is heavily depleted, and areas of vulnerable aggregations of that species have been identified. It is therefore appropriate to prohibit fishing for orange roughy in those areas. In accordance with Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (?), the fishing opportu- nities for deep-sea species, as defined in Annex I to that Regulation, are decided on a bi-annual basis. Never- theless, an exception is made for the stocks of greater silver smelt and blue ling for which the fishing opportu- nities depend on the outcome of the annual negotiations with Norway. The fishing possibilities for those stocks therefore remain to be established in the annual fishing opportunities regulation decided by the Council in December. In order to ensure effective management of quotas, the specific conditions under which fishing operations occur should be established. In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (%), it is necessary to indicate which stocks are subject to the various measures fixed therein. 351, 28.12.2002, p. 6. o L OJ L 115, 9.5.1996, p. 3.