Council Regulation (EC) No 41/2006 of 21 December 2006 fixing for 2007 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

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS  IN THE SKAGERRAK AND KATTEGAT ICES ZONES IV, VIA, VIIA, VIID AND EC WATERS OF ICES ZONE IIA

GENERAL PROVISIONS

The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres, carrying on board any of the gears defined in point 4 and present in the Skagerrak, Kattegat and ICES zones IV, VIa, VIIa, VIId and EC waters of ICES zone IIa. For the purposes of this Annex, a reference to the year 2007 means the period from 1 February 2007 to 31 January 2008.

• 2.1.For the purposes of this Annex, the geographical area, representing all of following areas, shall apply:

• (a) Kattegat;

• (b) Skagerrak, ICES zones IV and VIId and EC waters of ICES zone IIa;

• (c) ICES zone VIIa;

• (d) ICES zone VIa.

• 2.2.For vessels notified to the Commission as being equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003, the following definition of ICES zone VIa shall apply:

• ICES zone VIa excluding that part of ICES zone VIa that lies to west of a line drawn by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

60^o00’N, 04^o00’W

59^o45’N, 05^o00’W

59^o30’N, 06^o00’W

59^o00’N, 07^o00’W

58^o30’N, 08^o00’W

58^o00’N, 08^o00’W

58^o00’N, 08^o30’W

56^o00’N, 08^o30’W

56^o00’N, 09^o00’W

55^o00’N, 09^o00’W

55^o00’N, 10^o00’W

54^o30’N, 10^o00’W

For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the geographical areas defined in point 2.1 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.

• 4.1.For the purpose of this Annex, the following groupings of fishing gears shall apply:

• (a) Trawls, Danish seines and similar gears, except beam trawls, of mesh size:
• (i) equal to or larger than16 mm and less than 32 mm;
• (ii) equal to or larger than 70 mm and less than 90 mm;
• (iii) equal to or larger than 90 mm and less than 100 mm;
• (iv) equal to or larger than 100 mm and less than 120 mm;
• (v) equal to or larger than 120 mm;

• (b) Beam trawls of mesh size:
• (i) equal to or larger than 80 mm and less than 90 mm;
• (ii) equal to or larger than 90 mm and less than 100 mm;
• (iii) equal to or larger than 100 mm and less than 120 mm;
• (iv) equal to or larger than 120 mm;

• (c) Gillnets, entangling nets with mesh size, except trammel nets:
• (i) less than 110 mm;
• (ii) equal to or larger than 110 mm and less than 150 mm;
• (iii) equal to or larger than 150 and less than 220 mm;
• (iv) equal to or larger than 220 mm;

- (d) Trammel nets;

- (e) Longlines.

• 4.2.For the purposes of this Annex and referring to the geographical areas defined in point 2.1 and the groupings of fishing gear defined in point 4.1, the following transfer groups are defined:

• (a) grouping of fishing gears 4.1.a.i within any area;

• (b) groupings of fishing gears 4.1.a.ii within any area and 4.1.a.iii in zones IV, VIa, VIIa, VIId and EC waters of zone IIa;

- (c) groupings of fishing gears 4.1.a.iii in Skagerrak and Kattegat, 4.1.a.iv and 4.1.a.v within any area;

• (d) groupings of fishing gears 4.1.b.i, 4.1.b.ii, 4.1.b.iii, and 4.1.b.iv within any area;

- (e) groupings of fishing gears 4.1.c.i, 4.1.c.ii, 4.1.c.iii, 4.1.c.iv and 4.1.d within any area;

• (f) grouping of fishing gears 4.1.e within any area.

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

5. Vessels concerned by fishing effort limitations

• 5.1.A Member State shall not permit fishing with a gear belonging to a grouping of fishing gear defined in point 4.1 in any geographical area defined in point 2.1 by any vessels flying its flag which have no record of such fishing activity in the years 2001, 2002, 2003, 2004, 2005 or 2006 in that 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 in question.

• However, a vessel with a track record of using a gear belonging to a grouping of fishing gear defined in point 4.1 may be authorized to use a 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.

• 5.2A vessel flying the flag of a Member State having no quotas in a geographical area defined in point 2.1 shall not be permitted to fish in that area with a gear belonging to a grouping of fishing gear defined in point 4.1, unless the vessel is allocated a quota after a transfer in accordance with Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 15 of this Annex.

Each Member State shall ensure that, when carrying on board any of the groupings of fishing gear referred to in point 4.1, fishing vessels flying its flag and registered in the Community shall be present within a geographical area defined in point 2.1 for no more than the number of days set out in point 8.

A Member State shall not count against the days present within an area allocated to any of vessels flying its flag under this Annex either any days when the vessel was present within an area but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been present within an area but unable to fish because it is transporting an injured person for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from competent authorities.

NUMBER OF DAYS ABSENT FROM PORT ALLOCATED TO FISHING VESSELS

• 8.1.For the purpose of fixing the maximum number of days a fishing vessel may be present within the area, the following special conditions shall apply in accordance with Table I:

• (a) The vessel must comply with the conditions laid down in Appendix 1.

• (b) The vessel must comply with the conditions laid down in Appendix 2 to Annex III and the catch retained onboard shall consist of less than 5 % of cod and of  more than 70 % of Norway lobster.

• (c) The total landings of cod in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5 % of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

• (d) The total landings of cod, sole and plaice in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5 % of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook. Alternatively, the condition may be met that in any fishing trip during 2007 the catches of cod, sole and plaice must represent less than 5 % of the total catch during that trip and that an observer is permanently on board.

• (e) The total landings in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5 % cod and more than 60 % plaice of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

• (f) The total landings in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5 % cod and more than 5 % turbot and lumpsucker of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

• (g) The vessel must be equipped with a trammel net of mesh size ≤ 110 mm and must be absent from port for no more than 24 hours at a time.

- (h) The vessel must fly the flag and be registered in a Member State having developed a system, approved by the Commission, of automatic suspension of fishing licences in respect of infringements by vessels qualifying for this special condition.

• (i) The vessel must have been present in the area in the year 2003, 2004, 2005 or 2006 with fishing gear on board referred to in point 4.1.b. In 2007 the quantities of cod retained on board shall represent less than 5 % of the total landings of all species made by the vessel according to the landings in live weight recorded in the Community logbook. During a management period when a vessel is making use of this provision the vessel may not at any time carry on board fishing gear other than that specified in points 4.1.b.iii or 4.1.b.iv.

• (j) The vessel must comply with conditions laid down in Appendix 2.

• (k) The total landings in 2002 made by the vessel or by the vessels using similar gears and qualifying for this special condition mutatis mutandis that it has replaced in accordance with Community law, must represent less than 5 % cod and more than 60 % plaice of the total landings in live weight consigned in the Community logbook during the May — October period. At least 55 % of the maximum number of days available under this special condition shall apply in the area east of 4^o30'W in the months of May to October inclusive.

- (l) The vessel must comply with conditions laid down in Appendix 3.

• 8.2The maximum number of days per year for which a vessel may be present within any one of the geographical areas defined as in point 2.1 having carried on board any one of the fishing gears referred to in point 4.1 is shown in Table I.

• 8.3.The maximum number of days per year for which a vessel may be present within any combination of geographical areas defined in point 2.1 may not be higher than the highest number of days allocated for one of the areas composing it.

• 8.4.A day present within a geographical area defined in point 2.1 of this Annex shall also count against the total number of days present within the area defined in point 1 of Annex IIC for a vessel operating with the same gear as defined in point 4.1 of Annex IIA and point 3 of Annex IIC.

• 8.5.Where a vessel crosses between two or more geographical areas defined in point 2 of this Annex on a fishing trip, the day shall be counted against the area in which the largest proportion of time was spent during that day.

• 9.1.A Member State may divide the days within an area given in Table I into management periods of durations of one or more calendar months.

- 9.2.The number of days for which a vessel may be present within any of the geographical areas defined in point 2.1 during a management period shall be fixed at the discretion of the Member State concerned.

• 9.3.In any given management period a vessel that has used the number of days present within the area for which it is eligible shall remain in port or out of any geographical area referred to in point 2.1 for the remainder of the management period unless using only unregulated gear as described in point 18.

• 10.1.An additional number of days on which a vessel may be present within the area when carrying on board any of the gears referred to in point 4.1 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 2002. The effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during 2001. The additional number of days shall then be calculated by multiplying the ratio so obtained by the number of days originally allocated.

• 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 5.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.

• 10.2.Member States may re-allocate the additional number of days to any vessel or group of vessels using the conversion mechanism foreseen in point 14.

• 10.3.Member States wishing to benefit from the allocations referred to in point 10.1. shall submit a request to the Commission with reports containing the details of the permanent cessations of fishing activities in question.

- 10.4.On the basis of such a request the Commission may amend the number of days defined in point 8.2. for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

• 10.5.Any additional number of days resulting from permanent cessation of activity previously allocated by the Commission remains allocated in 2007.

• 11.1.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 4.1. may be allocated between 1 February 2007 and 31 January 2008 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 1543/2000 ([^E0223]), Commission Regulation (EC) No 1639/2001 ([^E0224]) and Commission Regulation (EC) No 1581/2004 for the minimum and extended programme level.

- 11.2.Member States wishing to benefit from the allocations referred to in point 11.1. shall submit a description of their enhanced observer coverage programme to the Commission.

- 11.3.On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 8.2 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

• 11.4.Six additional days on which a vessel may be present within the area referred to in point 2.1(c) when carrying on board gear referred to in point 4.1(a)(iv) and 4.1(a)(v) may be allocated between 1 February 2007 and 31 January 2008 to Member States by the Commission on the basis of an Enhanced Data Pilot Project.

• 11.5.Twelve additional days on which a vessel may be present within the area referred to in point 2.1(c) when carrying on board gear referred to in point 4.1 except gear referred to in paragraphs 4.1(a)(iv) and 4.1(a)(v) may be allocated between 1 February 2007 and 31 January 2008 to Member States by the Commission on the basis of an Enhanced Data Pilot Project.

• 11.6Member States wishing to benefit from the allocations referred to in points 11.4. and 11.5. shall submit a description of their Enhanced Data Pilot Project to the Commission, which shall go beyond the existing requirements under Community legislation. On the basis of this description the Commission may approve a Member State's proposal for an Enhanced Data Pilot Project.

- 12.1.The special fishing permit referred to in Article 7(3) for any vessel benefiting of any special conditions listed in point 8.1 shall identify such conditions.

- 12.2.If a number of days is allocated to a vessel resulting from compliance with any of the special conditions listed in points 8.1.(b), (c), (d), (e), (f) or (k), the catches taken by that vessel and retained on board shall consist of no more than the percentage of those species referred to in these points. The vessel shall not tranship any fish to another vessel. 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 conditions.

• 13.

Table I

Maximum days a vessel may be present in 2007 within an area by fishing gear

			Areas as defined in point:	Areas as defined in point:	Areas as defined in point:	Areas as defined in point:	Areas as defined in point:	Areas as defined in point:
Gear Point 4.1	Special condition Point 8	Denomination [^E0225]	2.a Kattegat	2.b 1 — Skaggerak 2 — II, IVa, b,c, 3 — VIId	2.b 1 — Skaggerak 2 — II, IVa, b,c, 3 — VIId	2.b 1 — Skaggerak 2 — II, IVa, b,c, 3 — VIId	2.c VIIa	2.d VIa
Gear Point 4.1	Special condition Point 8	Denomination [^E0225]	2.a Kattegat	1	2	3	2.c VIIa	2.d VIa
a.i		Trawls or Danish seines with mesh size ≥ 16 and < 32 mm	228	228 [^E0226]	228 [^E0226]	228 [^E0226]	228	228
a.ii		Trawls or Danish seines with mesh size ≥70 and <90 mm	n.r.	n.r.	204	221	204	227
a.iii		Trawls or Danish seines with mesh size ≥90 and <100 mm	95	95	209	209	227	227
a.iv		Trawls or Danish seines with mesh size ≥100 and <120 mm	103	95	95	95	105	84
a.v		Trawls or Danish seines with mesh size ≥120 mm	103	96	96	96	114	85
a.iii	8.1.(a)	Trawls or Danish seines with mesh size ≥90 and <100 mm with a 120 mm square mesh window	126	126	227	227	227	227
a.iv	8.1.(a)	Trawls or Danish seines with mesh size ≥100 and <120 mm with a 120 mm square mesh window	137	137	103	103	114	91
a.v	8.1.(a)	Trawls or Danish seines with mesh size ≥120 mm with a 120 mm square mesh window	137	137	103	103	114	91
a.v.	8.1.(j)	Trawls or Danish seines with mesh size ≥120 mm with a 140 mm square mesh window	149	149	115	115	126	103
a.ii	8.1.(b)	Trawls or Danish seines with mesh size ≥70 and <90 mm complying with the conditions laid down in Appendix 2 to Annex III	Unl.	Unlimited	Unlimited	Unlimited	Unl.	Unl.
a.ii	8.1.(c)	Trawls or Danish seines with mesh size ≥70 and <90 mm track records shall represent less than 5 % of cod	n.r	n.r	215	227	204	227
a.iii	8.1.(l)	Trawls or Danish seines with mesh size ≥90 and <100 mm complying with the conditions laid down in Appendix 3	132	132	238	238	238	238
a.iv	8.1.(c)	Trawls or Danish seines with mesh size ≥100 and <120 mm track records shall represent less than 5 % of cod	148	148	148	148	148	148
a.v	8.1.(c)	Trawls or Danish seines with mesh size ≥120 mm track records shall represent less than 5 % of cod	160	160	160	160	160	160
a.iv	8.1.(k)	Trawls or Danish seines with mesh size ≥100 and <120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice	n.r.	n.r.	n.r.	n.r.	166	n.r.
a.v	8.1.(k)	Trawls or Danish seines with mesh size ≥120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice	n.r.	n.r.	n.r.	n.r.	178	n.r.
a.v	8.1.(h)	Trawls or Danish seines with mesh size ≥120 mm operating under a system of automatic suspension of fishing licences	115	115	115	115	126	103
a.ii	8.1.(d)	Trawls or Danish seines with mesh size ≥70 and <90 mm track records represent less than 5 % of cod, sole and plaice	280	280	280	280	280	252
a.iii	8.1.(d)	Trawls or Danish seines with mesh size ≥90 and <100 mm track records represent less than 5 % of cod, sole and plaice	Unl.	Unl.	280	280	280	280
a.iv	8.1.(d)	Trawls or Danish seines with mesh size ≥100 and <120 mm track records represent less than 5 % of cod, sole and plaice	Unl.	Unlimited	Unlimited	Unlimited	276	276
a.v	8.1.(d)	Trawls or Danish seines with mesh size ≥ 120 mm track records represent less than 5 % of cod, sole and plaice	Unl.	Unlimited	Unlimited	Unlimited	Unl.	279
a.v	8.1.(h)8.1.(j)	Trawls or Danish seines with mesh size >120 mm with a 140 mm square mesh window and operating under a system of automatic suspension of fishing licenses	n.r.	n.r.	127	127	138	115
b.i		Beam trawls with mesh size ≥ 80 and < 90 mm	n.r.	132 [^E0226]	Unl.	Unl.	132	143 [^E0226]
b.ii		Beam trawls with mesh size ≥ 90 and < 100 mm	n.r.	143 [^E0226]	Unl.	Unl.	143	143 [^E0226]
b.iii		Beam trawls with mesh size ≥ 100 and < 120 mm	n.r.	143	Unl.	Unl.	143	143
b.iv		Beam trawls with mesh size ≥ 120 mm	n.r.	143	Unl.	Unl.	143	143
b.iii	8.1.(c)	Beam trawls with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod	n.r.	155	Unl.	Unl.	155	155
b.iii	8.1.(i)	Beam trawls with mesh size ≥ 100 and < 120 mm for vessels having used beam trawls in 2003, 2004, 2005 or 2006	n.r.	155	Unl.	Unl.	155	155
b.iv	8.1.(c)	Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod	n.r.	155	Unl.	Unl.	155	155
b.iv	8.1.(i)	Beam trawls with mesh size ≥ 120 mm for vessels having used beam trawls in 2003, 2004, 2005 or 2006	n.r.	155	Unl.	Unl.	155	155
b.iv	8.1.(e)	Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice	n.r.	155	Unl.	Unl.	155	155
c.i		Gillnets and entangling nets with mesh sizes < 110 mm	140	140	140	140	140	140
c.ii		Gillnets and entangling nets with mesh sizes ≥110 mm and < 150 mm	140	140	140	140	140	140
c.iii		Gillnets and entangling nets with mesh sizes ≥ 150 mm and < 220 mm	140	130	130	130	140	140
c.iv		Gillnets and entangling nets with mesh sizes ≥ 220 mm	140	140	140	140	140	140
d		Trammel nets	140	140	140	140	140	140
c.iv	8.1.(f)	Gillnets and entangling nets with mesh size ≥ 220 mm track records shall represent less than 5 % of cod and more than 5 % of turbot and lumpsucker	162	140	162	140	140	140
d	8.1.(g)	Trammel nets with mesh size < 110 mm. The vessel shall be absent from the port no more than 24 h.	140	140	205	205	140	140
e		Long-lines	173	173	173	173	173	173

Only the denominations in points 4.1 and 8.1 are used.

Application of Title V of Regulation (EC) No 850/98 where restrictions exist.

n.r. means ‘non relevant’

EXCHANGES OF FISHING EFFORT ALLOCATIONS

- 14.1.A Member State may permit any fishing vessel flying its flag to transfer days present within a geographical area referred to in point 2.1 for which it is eligible to another vessel flying its flag 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 Community fishing fleet register.

- 14.2.The total number of days present within an area under point 14.1. 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 excluding transfers from other vessels in that area as verified by the Community logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel. When a donor vessel uses the area definition of West of Scotland as defined in point 2.2 its track record calculation will be based on this area definition.

• For the purposes of this point, the recipient vessel is deemed to use its own allocated days before any days transferred to it. Transferred days used by the recipient vessel are counted towards the track record of the donor vessel.

- 14.3.The transfer of days as described in point 14.1 shall only be permitted between vessels operating within the same transfer group as defined in point 4.2 and during the same management period. A Member State may allow a transfer of days when a licensed donor vessel has ceased its activity.

• 14.4.Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without the special conditions laid down in point 8.1.

• By way of derogation from this point, vessels benefiting from the allocation of fishing days under the special condition referred to in point 8.1.(h), when this condition is not combined with any other special condition as laid down in point 8.1, may transfer days.

• 14.5.On request from the Commission, Member States shall provide information on the transfers that have taken place. With the purpose of making this information available to the Commission, a detailed format of spreadsheet may be adopted, in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

Member States may permit transfer of days present within an area for the same management period and within the same area between any fishing vessels flying their flags provided the same provisions as laid down in points 5.1, 5.2, 7 and 14 apply. Where Member States decide to authorise such a transfer, they shall notify the Commission before such transfers take place the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the quotas relating thereto.

USE OF FISHING GEAR

Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the geographical areas defined in point 2.1 with any of the fishing gear referred to in point 4.1.

• 17.1.A vessel may use gears belonging to more than one of the groupings of fishing gears defined under point 4.1 during one management period.

• 17.2.Whenever the master of a vessel or his representative notifies the use of more than one fishing gear, the total number of days available during the year shall be no more than the arithmetic mean of the days corresponding to each gear in accordance with Table I, rounded down to the nearest whole day.

• 17.3.If one of the gears notified has no limitation in number of days, then the total number of days available during the year for this particular gear shall remain unlimited.

- 17.4.If the number of fishing gear is two, then the vessel cannot deploy any of the gears for longer than the number of days laid down for that gear in Table I for the area concerned.

• 17.5.If the number of gears is three or greater, a vessel may at any moment use one of the gears notified, and which have a limited number of days, subject to the condition that the total number of days spent fishing with whichever gear since the beginning of the year shall be:

- (a) no more than the number of days available under point 17.2 and

• (b) no more than the number of days that would be allocated in accordance with table I if that gear was used in isolation.

• 17.6.Whenever a Member State chooses to divide the days into management periods in accordance with point 9, the conditions of points 17.2, 17.3 and 17.4 shall apply mutatis mutandis for each management period.

- 17.7.The option to use more than one gear shall only be available if the following additional monitoring arrangements are met:

- (a) during a given trip the fishing vessel may carry on board or use only one of the groupings of fishing gear referred to in point 4.1, except as provided for in point 19.2;

• (b) before any trip the master of a vessel or his representative shall give prior notice to the competent authorities of the type of fishing gear that is to be carried on board or used unless the type of fishing gear has not changed from the one notified for the previous trip.

- 17.8.Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above two requirements. Any vessel found not to be complying with these requirements shall with immediate effect no longer be permitted to use more than one grouping of fishing gears.

A vessel wishing to combine the use of one or more of the fishing gears referred to in point 4.1 (regulated gears) with any other fishing gears not referred to in point 4.1 (unregulated gears) shall not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given, none of the fishing gear referred to in point 4.1 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity with unregulated gears.

19. Prohibition of carrying on board more than one regulated fishing gear

• 19.1.A vessel which is present within any of the geographical areas defined in point 2 and carrying on board a fishing gear belonging to one of the groupings of fishing gears referred to in point 4.1 may not simultaneously carry on board any gear belonging to one of the other groupings of fishing gears referred to in point 4.1.

- 19.2.By way of derogation from point 19.1 a vessel may carry on board in a geographical area referred to in point 2.1 fishing gears belonging to different groupings of fishinggears, but then the fishing days will be taken as consumed when fishing with the gear and special condition having lesser number of days allocated under Table I.

NON-FISHING RELATED ACTIVITIES AND TRANSIT

In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 8, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.

A vessel is allowed to transit across the area provided that it has no fishing permit to operate in the area or that it has first notified its authorities of its intention to do so. While that vessel is within the area any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

MONITORING, INSPECTION AND SURVEILLANCE

22. Fishing effort messages

By way of derogation from Article 9 of Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks ([^E0227]), vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19c of Regulation (EC) No 2847/93.

VESSEL MONITORING SYSTEMS OBLIGATIONS

23. Recording of relevant data

Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Commission Regulation (EC) No 2244/2003 are recorded in a computer-readable form:

• (a) entry into, and exit from port;

- (b) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.

24. Cross-checks

Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.

REPORTING OBLIGATIONS

25. Collection of relevant data

Member States, on the basis of information used for the management of fishing days absent from port and present within the areas as set out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed in the areas defined in point 2.1 for towed gears, static gears and demersal longlines and effort deployed by vessels using different types of gear in the areas concerned by this Annex.

- 26.1.On request of the Commission, Members States shall make available to the Commission a spreadsheet with the data referred to in point 25 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.

• 26.2.A new format of spreadsheet for making the data referred to in point 25 available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

Table II

Reporting format

Country	CFR	External marking	Length of management period	Area fished	Gear(s) notified	Gear(s) notified	Gear(s) notified	Gear(s) notified	Special condition applying to notified gear(s)	Special condition applying to notified gear(s)	Special condition applying to notified gear(s)	Special condition applying to notified gear(s)	Days eligible using notified gear(s)	Days eligible using notified gear(s)	Days eligible using notified gear(s)	Days eligible using notified gear(s)	Days spent with notified gear(s)	Days spent with notified gear(s)	Days spent with notified gear(s)	Days spent with notified gear(s)	Transfers of days
Country	CFR	External marking	Length of management period	Area fished	No1	No2	No3	…	No1	No2	No3	…	No1	No2	No3	…	No1	No2	No3	…	Transfers of days
(1)	(2)	(3)	(4)	(5)	(6)	(6)	(6)	(6)	(7)	(7)	(7)	(7)	(8)	(8)	(8)	(8)	(9)	(9)	(9)	(9)	(10)

Table III

Data format

| Name of field | Maximum number of characters/digits | Alignment [^E0228] L(eft)/R(ight) | Definition and Comments |

| --- | --- | --- | --- | | (1) Country | 3 | n/r | Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. In the case of the donor vessel, it is always the reporting country | | (2) CFR | 12 | n/r | Community Fleet Register number Unique 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 Commission Regulation (EEC) No 1381/87 | | (4) Length of management period | 2 | L | Length of the management period measured in months. | | (5) Area fished | 1 | L | Indicate if vessel has been fishing in area a, b, c or d of point 2.1 of Annex IIA. | | (6) gear(s) notified | 5 | L | Indication of gear grouping notified in accordance with point 4.1 to Annex IIA (e.g a.i, a.ii. a.iii, a.iv, a.v, b.i, b.ii, b.iii, b.iv, c.i, c.ii, c.iii, d or e). | | (7) Special condition applying to notified gear(s) | 2 | L | Indication of which, if any, of the special condition a-l referred to in point 8.1 of Annex IIA apply. | | (8) Days eligible using notified gear(s) | 3 | L | Number of days for which the vessel is eligible under Annex IIA for the choice of gears and length of management period notified | | (9) Days spent with notified gear(s) | 3 | L | Number of days the vessel actually spent present within the area and using the gear notified during the notified management period according to Annex IIA | | (10) Transfers of days | 4 | L | For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’ |

Relevant information for transmission of data by fixed-length formatting.

Appendix 1 to Annex IIA

A copy of the special permits referred to in point 12.1 of this Annex shall be kept on board the fishing vessel.

• 1.When holding the special fishing permit the vessel shall only keep on board and use a towed net with an escape window as specified in point 2. The gear shall be approved by the national inspectors before commencing fishing.

• 2.Escape window

• 2.1.The window shall be inserted in the untapered section with a minimum of 80 open meshes in the circumference. The window shall be inserted into the top panel. There shall be no more than two open diamond meshes between the posterior row of meshes in the side of the window and the adjacent selvedge. The window shall terminate no more than six metres from cod-line. The joining rate shall be two diamond meshes to one square mesh when codend mesh size is equal or more than 120 mm, five diamond meshes to two square meshes when codend mesh size is equal or more than 100 mm and less than 120 mm and three diamond meshes to one square mesh when codend mesh size is equal or more than 90 mm and less than 100 mm.

- 2.2.The window shall be at least three meters in length. The meshes shall have a minimum opening of 120 mm. The meshes shall be square meshes, i.e. all four sides of the window netting will be cut bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the cod-end.

• 2.3.The netting of square-meshed panel shall be knotless single twine. The window shall be inserted in such a way that the meshes remain fully open at all times when fishing. The window shall not be obstructed in any way by either internal or external attachments.

Appendix 2 to Annex IIA

A copy of the special permits referred to in point 12.1. of this Annex shall be kept on board the fishing vessel.

• 1.When holding the special fishing permit the vessel shall only keep on board and use a towed net with an escape window as specified in point 2. The gear shall be approved by the national inspectors before commencing fishing.

• 2.Escape window

• 2.1.The window shall be inserted in the untapered section with a minimum of 80 open meshes in the circumference. The window shall be inserted into the top panel. There shall be no more than two open diamond meshes between the posterior row of meshes in the side of the window and the adjacent selvedge. The window shall terminate no more than 6 metres from cod-line. The joining rate shall be five diamond meshes to two square meshes.

- 2.2.The window shall be at least three meters in length. The meshes shall have a minimum opening of 140 mm. The meshes shall be square meshes i.e. all four sides of the window netting will be cut bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend.

- 2.3.The netting of square-meshed panel shall be knotless single twine. The window shall be inserted in such a way that the meshes remain fully open at all times when fishing. The window shall not be obstructed in any way by either internal or external attachments.

Appendix 3 to Annex IIA

• 1.A copy of the special permits referred to in point 12.1 of this Annex shall be kept on board the fishing vessel.

- 2.When holding the special fishing permit the vessel shall only keep on board and use a towed net with an escape window as specified in point 3 inserted in a codend with a mesh size equal or larger than 95 mm and with a minimum of 80 open meshes and a maximum of 100 meshes in the circumference. The gear shall be approved by the national inspectors before commencing fishing.

• 3.Escape window

- 3.1.The window shall be inserted in the top panel. There shall be no more than two open diamond meshes between the posterior row of meshes in the side of the window and the adjacent selvedge. The window shall terminate no more than 4 metres from cod-line. The joining rate shall be three diamond meshes to one square mesh.

• 3.2.The window shall be at least five meters in length. The meshes shall have a minimum opening of 120 mm. The meshes shall be square meshes i.e. all four sides of the window netting will be cut bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend.

• 3.3.The netting of square-meshed panel shall be knotless single twine. The window shall be inserted in such a way that the meshes remain fully open at all times when fishing. The window shall not be obstructed in any way by either internal or external attachments.

ANNEX IIB

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NORWAY LOBSTER STOCKS IN ICES ZONES VIIIc AND IXa EXCLUDING THE GULF OF CADIZ

1. Scope

The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres, carrying on board towed and static gears defined in point 3 and present in zones VIIIc and IXa excluding the Gulf of Cadiz. For the purposes of this Annex, a reference to the year 2007 means the period from 1 February 2007 to 31 January 2008.

For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the geographical area defined in point 1 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.

For the purpose of this Annex, the following groupings of fishing gears shall apply:

• (a) Trawls, Danish seines and similar gears of mesh size equal to or larger than 32 mm;

- (b) Gill-nets of mesh size equal to or larger than 60 mm;

• (c) Bottom long-lines.

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

4. Vessels concerned by fishing effort limitations

• 4.1.A Member State shall not permit fishing with a gear belonging to a grouping of fishing gear defined in point 3 in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005 or 2006 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 regulated area.

• However, a vessel with a track record of using a gear belonging to a grouping of fishing gear defined in point 3 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.

• 4.2.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 3, 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 13 of this Annex.

Each Member State shall ensure that, when carrying on board any of the groupings of fishing gear referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more than the number of days specified in point 7.

A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been present within the area but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been present within the area but unable to fish because it is transporting an injured person for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities.

NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS

7. Maximum number of days

• 7.1.For the purposes of fixing the maximum number of days a fishing vessel may be present within the area, the following special conditions shall apply in accordance with Table I:

• (a) The total landings of hake in the years 2001, 2002 and 2003 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, shall represent less than 5 tonnes according to the landings in live weight consigned in the Community logbook, and;

• (b) The total landings of Norway lobster in the years 2001, 2002 and 2003 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, shall represent less than 2,5 tonnes according to the landings in live weight consigned in the Community logbook.

• 7.2.The maximum number of days per year for which a vessel may be present within the area having carried on board any one of the groupings of fishing gear referred to in point 3 is shown in Table I.

- 8.1.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.

• 8.2.The number of days 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.

• 8.3.In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 7, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.

- 9.1.An additional number of days on which a vessel may be present within the area when carrying on board any of the groupings of fishing gear referred to in point 3 may be allocated to Member States by the Commission on the basis of permanent cessation of fishing activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 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 gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during the same year. The additional number of days shall be then calculated by multiplying the ratio so obtained by the number of days originally allocated. 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 4.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.

• 9.1.a.Member States may re-allocate the additional number of days to any vessel or group of vessels using the conversion mechanism foreseen in point 12.

• 9.2.Member States wishing to benefit from the allocations referred to in point 9.1. shall submit a request to the Commission with reports containing the details of the permanent cessation of fishing activities in question.

• 9.3.On the basis of such a request the Commission may amend the number of days defined in point 7.2. for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

- Any additional number of days resulting from permanent cessation of activity previously allocated by the Commission remains allocated in 2007.

- 10.1.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 3 may be allocated between 1 February 2007 and 31 January 2008 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 1543/2000, Regulation (EC) No 1639/2001 and Regulation (EC) No 1581/2004 for the minimum and extended programme levels.

- 10.2.Member States wishing to benefit from the allocations referred to in point 10.1 shall submit a description of their enhanced observer coverage programme to the Commission.

• 10.3.On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 7.2 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

• 11.1.If a vessel has received an unlimited number of days resulting from compliance with the special conditions listed in points 7.1(a) and 7.1(b), the vessel's landings in 2007 shall not exceed 5 tonnes live weight of hake and 2,5 tonnes live weight of Norway lobster.

• 11.2.The vessel shall not tranship any fish at sea to another vessel.

• 11.3.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 conditions.

Table I — Maximum number of days a vessel may be present within the area by fishing gear per year

Gear point 3	Special conditions point 7	Denomination Only the gear groupings as defined in point 3 and the special conditions as defined in point 7 are used.	Maximum number of days
3.a		Bottom trawls of mesh size ≥32 mm	216
3.b.		Gill-nets of mesh size ≥60 mm	216
3.c		Bottom long-lines	216
3.a	7.1(a) and 7.1(b)	Bottom trawls of mesh size ≥32 mm	Unlimited
3.b	7.1(a)	Gill-nets of mesh size ≥60 mm	Unlimited
3.c	7.1(a)	Bottom long-lines	Unlimited

EXCHANGES OF FISHING EFFORT ALLOCATIONS

12. Transfer of days between vessels flying the flag of a member state

• 12.1.A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it is eligible to another vessel flying its flag within the area provided that the product of the days received by a vessel multiplied by its engine 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 Community fishing fleet register.

• 12.2.The total number of days present within the area transferred under point 12.1. 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 Community logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel.

- 12.3.The transfer of days as described in point 12.1. shall be permitted only between vessels operating within the same gear group and during the same management period.

• 12.4.Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without special condition, as laid down in point 7.1.

- 12.5.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 this information may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

13. 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 the same provisions as laid down in points 5.1, 5.2, 6 and 12. Where Member States decide to authorize such a transfer, they shall notify the Commission, before such transfers take place, the details of the transfer, including the number of days, the fishing effort and, where applicable, the fishing quotas relating thereto.

USE OF FISHING GEAR

14. Notification of fishing gear

• 14.1.Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the area referred to in point 1 with any of the groupings of fishing gear referred to in point 3.

- 14.2.Point 14.1 shall not apply to fishing vessels authorised by a Member State to use only one of the groupings of fishing gear referred to in point 3.

A vessel wishing to combine the use of one or more of the fishing gear referred to in point 3 (regulated gears) with any other grouping of fishing gear not referred to in point 3 (unregulated gears) will not be restricted in their use of the unregulated gear. Such vessels must prenotify when the regulated gear is to be used. When no such notification has been given, none of the fishing gear referred to in point 3 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity with the unregulated gear.

TRANSIT

16. Transit

A vessel is allowed to transit across the area provided that it has no fishing permit to operate in the area or it has first notified its authorities of its intention to do so. While that vessel is within the area any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

MONITORING, INSPECTION AND SURVEILLANCE

17. Fishing effort messages

Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19c of Regulation (EC) No 2847/93.

18. Recording of relevant data

Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Regulation (EC) No 2244/2003 are recorded in a computer-readable form:

• (a) entry into, and exit from port;

- (b) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.

19. Cross-checks

Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.

REPORTING OBLIGATIONS

20. 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.

- 21.1.On request of the Commission, Members States shall make available to the Commission a spreadsheet with the data referred to in point 20 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.

• 21.2.A new format of spreadsheet for making the data referred to in point 20 available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

Table II

Reporting format

Country	CFR	External marking	Length of management period	Area fished	Gear(s) notified	Gear(s) notified	Gear(s) notified	Gear(s) notified	Special condition applying to notified gear(s)	Special condition applying to notified gear(s)	Special condition applying to notified gear(s)	Special condition applying to notified gear(s)	Days eligible using notified gear(s)	Days eligible using notified gear(s)	Days eligible using notified gear(s)	Days eligible using notified gear(s)	Days spent with notified gear(s)	Days spent with notified gear(s)	Days spent with notified gear(s)	Days spent with notified gear(s)	Transfer of days
Country	CFR	External marking	Length of management period	Area fished	No1	No2	No3	…	No1	No2	No3	…	No1	No2	No3	…	No1	No2	No3	…	Transfer of days
(1)	(2)	(3)	(4)	(5)	(6)	(6)	(6)	(6)	(7)	(7)	(7)	(7)	(8)	(8)	(8)	(8)	(9)	(9)	(9)	(9)	(10)

Table III

Data format

Name of field	Maximum number of characters/digits	Alignment [^E0229] L(eft)/R(ight)	Definition and Comments
(1) Country	3	n/r	Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. In the case of the donor, it is always the reporting country
(2) CFR	12	n/r	Community Fleet Register number Unique 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 Commission Regulation (EEC) No 1381/87
(4) Length of management period	2	L	Length of the management period measured in months.
(5) Area fished	1	L	Non relevant information in the case of Annex IIB.
(6) gear(s) notified	5	L	Indication of gear grouping notified in accordance with point 3 of Annex IIB (e.g a, b or c)
(7) Special condition applying to notified gear(s)	2	L	Indication of which, if any, of the special condition a-b referred to in point 7.1 of Annex IIB that apply.
(8) 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
(9) 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 according to Annex IIB.
(10) Transfers of days	4	L	For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

Relevant information for transmission of data by fixed-length formatting.

ANNEX IIC

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS ICES ZONE VIIe

GENERAL PROVISIONS

1. Scope

• 1.1.The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres carrying on board any of the gears defined in point 3, and present in zone VIIe. For the purposes of this Annex, a reference to the year 2007 means the period from 1 February 2007 to 31 January 2008.

• 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 EC 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 in 2007, and

- (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 2007 and 31 January 2008 on these vessels' track records for sole in 2004 and catches of sole in 2007.

• When either of these conditions is not met, the vessels shall with immediate effect no longer be exempted from the provisions of this Annex.

For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within zone VIIe and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.

3. 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.

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

4. Vessels concerned by fishing effort limitations

• 4.1.A Member State shall not permit fishing with a gear belonging to a grouping of fishing gear defined in point 3 in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005 or 2006 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

• However, a vessel with a track record of using a gear belonging to a grouping of fishing gear defined in point 3 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.

- 4.2.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 3, 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 13 of this Annex.

Each Member State shall ensure that, when carrying on board any of the groupings of fishing gear referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more than the number of days set out in point 7.

A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been present within the area but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been present within the area but unable to fish because it is transporting an injured person for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities.

NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS

• 7.1.The maximum number of days per year for which a vessel may be present within the area having carried on board and used any one of the fishing gears referred to in point 3 is shown in Table I.

• 7.2.The number of days per year 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 the number of days in which the vessel is present in the areas covered in Annex IIA shall comply with the maximum number fixed in accordance with Annex IIA.

- 8.1.Member States may divide the days present within the area given in Table I into management periods of durations of one or more calendar months.

• 8.2.The number of days for which a vessel may be present within the area during a management period shall be fixed at the discretion of Member States concerned.

• 8.3.In any given management period a vessel that has used the number of days present within the area for which it is eligible shall remain in port or out of the area for the remainder of the management period unless using a gear for which no maximum number of days has been fixed.

- 9.1.An additional number of days on which a vessel may be present within the area when carrying on board any of the groupings of fishing gear referred to in point 3 may be allocated to Member States by the Commission on the basis of permanent cessation of fishing activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 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 gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during the same year. The additional number of days shall then be calculated by multiplying the ratio so obtained by the number of days originally allocated. 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 4.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.

- 9.2.Member States may re-allocate the additional number of days to any vessel or group of vessels using the conversion mechanism foreseen in point 11.

• 9.3.Member States wishing to benefit from the allocations referred to in point 9.1. shall submit a request to the Commission with reports containing the details of the permanent cessation of fishing activities in question.

- 9.4.On the basis of such a request the Commission may amend the number of days defined in point 7.1 for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

Any additional number of days resulting from permanent cessation of activity previously allocated by the Commission remains allocated in 2007.

• 10.1Three 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 3 may be allocated between 1 of February 2007 and 31 of January 2008 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 1543/2000, Regulation (EC) No 1639/2001 and Regulation (EC) No 1581/2004 for the minimum and extended programme levels.

• 10.2Member States wishing to benefit from the allocations referred to in point 11.1 shall submit a description of their enhanced observer coverage programme to the Commission.