Council Regulation (EU) No 23/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009

Species:	Krill Euphausia superba	Krill Euphausia superba	Krill Euphausia superba	Zone:	FAO 48 (KRI/F48.)
TAC	TAC	3 470 000	[^E0254]
Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:
Division 48.1 (KRI/F48.1.)	Division 48.1 (KRI/F48.1.)	155 000
Division 48.2 (KRI/F48.2.)	Division 48.2 (KRI/F48.2.)	279 000
Division 48.3 (KRI/F48.3.)	Division 48.3 (KRI/F48.3.)	279 000
Division 48.4 (KRI/F48.4.)	Division 48.4 (KRI/F48.4.)	93 000

This TAC is applicable for the period from 1 December 2009 to 30 November 2010.

Species:	Krill Euphausia superba	Krill Euphausia superba	Krill Euphausia superba	Zone:	FAO 58.4.1 Antarctic (KRI/F5841.)
TAC	TAC	440 000	[^E0255]
Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:
Division 58.4.1 west of 115° E (KRI/*F-41W)	Division 58.4.1 west of 115° E (KRI/*F-41W)	277 000
Division 58.4.1 east of 115° E (KRI/*F-41E)	Division 58.4.1 east of 115° E (KRI/*F-41E)	163 000

This TAC is applicable for the period from 1 December 2009 to 30 November 2010.

Species:	Krill Euphausia superba	Krill Euphausia superba	Krill Euphausia superba	Zone:	FAO 58.4.2 Antarctic (KRI/F5842.)
TAC	TAC	2 645 000	[^E0256]
Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:	Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the subareas specified:
Division 58.4.2 west of 55° E (KRI/*F-42W)	Division 58.4.2 west of 55° E (KRI/*F-42W)	1 448 000
Division 58.4.2 east of 55° E (KRI/*F-42E)	Division 58.4.2 east of 55° E (KRI/*F-42E)	1 080 000

This TAC is applicable for the period from 1 December 2009 to 30 November 2010.

Species:	Grey rockcod Lepidonotothen squamifrons	Grey rockcod Lepidonotothen squamifrons	Grey rockcod Lepidonotothen squamifrons	Zone:	FAO 58.5.2 Antarctic (NOS/F5852.)
TAC	TAC	80
Species:	Crabs Paralomis spp.	Crabs Paralomis spp.	Crabs Paralomis spp.	Zone:	FAO 48.3 Antarctic (PAI/F483.)
---	---	---	---	---	---
TAC	TAC	1 600	[^E0257]

This TAC is applicable for the period from 1 December 2009 to 30 November 2010.

| Species: | Grenadiers Macrourus spp. | Grenadiers Macrourus spp. | Grenadiers Macrourus spp. | Zone: | FAO 58.5.2 Antarctic (GRV/F5852.) |

| --- | --- | --- | --- | --- | --- | | TAC | TAC | 360 | | | | | Species: | Other species | Other species | Other species | Zone: | FAO 58.5.2 Antarctic (OTH/F5852.) | | --- | --- | --- | --- | --- | --- | | TAC | TAC | 50 | | | | | Species: | Skates and rays Rajidae | Skates and rays Rajidae | Skates and rays Rajidae | Zone: | FAO 58.5.2 Antarctic (SRX/F5852.) | | --- | --- | --- | --- | --- | --- | | TAC | TAC | 120 | [^E0258] | | |

This TAC is applicable for the period from 1 December 2009 to 30 November 2010.

ANNEX IF

SOUTH-EAST ATLANTIC OCEAN

SEAFO Convention Area

These TACs are not allocated to the members of SEAFO and hence the Union share is undetermined. Catches are monitored by the Secretariat of SEAFO, who will communicate when fishing must cease due to TAC exhaustion.

Species:	Alfonsinos Beryx spp.	Alfonsinos Beryx spp.	Alfonsinos Beryx spp.	Zone:	SEAFO (ALF/SEAFO)
TAC	TAC	200			Analytical TAC
Species:	Deep-sea red crab Chaceon (Geryon) quinquedens	Deep-sea red crab Chaceon (Geryon) quinquedens	Deep-sea red crab Chaceon (Geryon) quinquedens	Zone:	SEAFO Sub-Division B1 [^E0259] (CRR/F47NAM)
---	---	---	---	---	---
TAC	TAC	0			Analytical TAC

[^E0259]: (¹)

For the purpose of this TAC, the area open to the fishery is defined as having: — its western boundary on the longitude 0° E, — its northern boundary on the latitude 20° S, — its southern boundary on the latitude 28° S, and — the eastern boundary outer limits of the Namibian EEZ.

| Species: | Deep-sea red crab Chaceon (Geryon) quinquedens | Deep-sea red crab Chaceon (Geryon) quinquedens | Deep-sea red crab Chaceon (Geryon) quinquedens | Zone: | SEAFO, excluding Sub-Division B1 (CRR/F47X) |

| --- | --- | --- | --- | --- | --- | | TAC | TAC | 200 | | | Analytical TAC | | Species: | Patagonian toothfish Dissostichus eleginoides | Patagonian toothfish Dissostichus eleginoides | Patagonian toothfish Dissostichus eleginoides | Zone: | SEAFO (TOP/SEAFO) | | --- | --- | --- | --- | --- | --- | | TAC | TAC | 200 | | | Analytical TAC | | Species: | Orange roughy Hoplostethus atlanticus | Orange roughy Hoplostethus atlanticus | Orange roughy Hoplostethus atlanticus | Zone: | SEAFO Sub-Division B1 [^E0260] (ORY/F47NAM) | | --- | --- | --- | --- | --- | --- | | TAC | TAC | 0 | | | Analytical TAC |

For the purpose of this Annex, the area open to the fishery is defined as having: — its western boundary on the longitude 0° E, — its northern boundary on the latitude 20° S, — its southern boundary on the latitude 28° S, and — the eastern boundary outer limits of the Namibian EEZ.

Species:	Orange roughy Hoplostethus atlanticus	Orange roughy Hoplostethus atlanticus	Orange roughy Hoplostethus atlanticus	Zone:	SEAFO, excluding Sub-Division B1 (ORY/F47X)
TAC	TAC	50			Analytical TAC

ANNEX IG

SOUTHERN BLUEFIN TUNA – All areas

Species:	Southern bluefin tuna Thunnus maccoyii	Southern bluefin tuna Thunnus maccoyii	Southern bluefin tuna Thunnus maccoyii	Zone:	All areas (SBF/F41-81)
EU	EU	10	[^E0261]
TAC	TAC	9 449			Analytical TAC

[^E0261]: (¹)

Exclusively for by-catches. No directed fisheries are permitted under this quota.

ANNEX IH

WCFPC area

Species:	Swordfish Xiphias gladius	Swordfish Xiphias gladius	Swordfish Xiphias gladius	Zone:	That part of the WCPFC Area south of 20° S (F7120S)
EU	EU	3 170,36
TAC	TAC	Not relevant			Analytical TAC

ANNEX IJ

SPRFMO Convention Area

Species:	Jack mackerel Trachurus murphyi	Jack mackerel Trachurus murphyi	Jack mackerel Trachurus murphyi	Zone:	SPRFMO Convention Area (CJM)
Germany	Germany	49 553
The Netherlands	The Netherlands	47 449
Lithuania	Lithuania	37 998
Poland	Poland	44 000
EU	EU	179 000

Appendix to annex I

• 1.1. Member States shall take measures to distribute, in the course of the year 2010, the use of cod quotas by vessels flying their flag, operating in the North Sea and Skagerrak and using bottom trawls, Danish seines and similar towed gear, with the exception of beam trawls, and to limit cod discards by those vessels, in accordance with conditions set out in points 1.2 to 1.6.

- 1.2. Member States shall adapt the use of the gears mentioned in point 1.1 in respect of the utilisation of their cod quotas. For this purpose, Member States shall establish utilisation targets of their cod quotas by the end of each quarter of 2010, and communicate these to the Commission by 1 February 2010.

• 1.3. If, at the end of any of the first three quarters of 2010, the utilisation of the cod quota is more than 10 % above the target quantity, the Member State concerned shall put in place measures to ensure that its vessels referred to in point 1.1 apply technical changes to their fishing gears deployed which allow for a reduction in cod by-catches to such an extent as sufficient to meet the target for the utilisation of the quota at the end of the following quarter.

- 1.4. Within one month from the end of the quarter in which the target quantity has been exceeded, Member States shall inform the Commission of the measures referred to in point 1.3, outlining the technical changes that are to be introduced to the gears and the vessels that will be affected, together with supporting evidence of the likely effect on catch rates of cod.

• 1.5. Where the cod quota of a Member State has been utilised up to a level of 90 % at any time before 15 October 2010, it shall be obligatory for all vessels of that Member State referred to in point 1.1 using gears with a mesh size of 80 mm or greater, with the exception of vessels using Danish seines, to use for the remainder of the year the fishing gear described in Appendix 4 to Annex III of Regulation (EC) No 43/2009 or any other gear the technical attributes of which result in similar catch rates of cod, as confirmed by STECF, or, for vessels targeting Norway lobster, a sorting grid as described in Appendix 3 to that Annex or any other gear with a proven equivalent escapement capability.

• 1.6. Notwithstanding point 1.5, Member States may also apply the measures referred to in that point to individual vessels or to groups of vessels that, at any time before 15 November 2010, have used 90 % of the part of the national cod quota that was made available to them in accordance with the national method of allocating fishing opportunities.

- 1.7. Notwithstanding points 1.3 and 1.5, Member States may also apply the measures referred to in those points with respect to individual vessels or to groups of vessels to which part of the national cod quota has been made available in accordance with the national method of allocating fishing opportunities.

• 2.1. Member States shall take measures to distribute, in the course of the year 2010, the use of cod quotas by vessels flying their flag, operating in the Eastern Channel and using bottom trawls, Danish seines and similar towed gear, with the exception of beam trawls, and to limit cod discards by those vessels, in accordance with conditions set out in points 2.2, 2.3 and 2.4.

- 2.2. Member States shall adapt the use of the gears mentioned in point 2.1 in respect of the utilisation of its cod quota. For this purpose, Member States shall establish utilisation targets of its cod quotas by the end of each quarter of 2010, and communicate these to the Commission by 1 February 2010.

• 2.3. If, at the end of any of the second and third quarters of 2010, the utilisation of the cod quota is more than 10 % above the target quantity, the Member State concerned shall put in place measures, including real time closures, to ensure that the vessels referred to in point 2.1 flying their flag avoid cod by-catches and target non quota species, to such an extent as sufficient to meet the target for the utilisation of the cod quota at the end of the following quarter.

• 2.4. On request from the Commission, Member States shall inform the Commission of the measures referred to in point 2.3.

ANNEX IIA

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF CERTAIN STOCKS IN ICES ZONES IIIa, IV, VIa, VIIa, VIId, AND EU WATERS OF ICES ZONES IIa AND Vb

• 1.1. This Annex shall apply to EU vessels carrying on board or deploying any of the gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and present in any of the geographical areas referred to in point 2 of that Annex.

- 1.2. This Annex shall not apply to vessels of less than 10 metres' length overall. These vessels shall not be required to carry special fishing permits issued in accordance with Article 7 of Regulation (EC) No 1627/94. Member States concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using appropriate sampling methods. During 2010, the Commission shall seek scientific advice for evaluating the effort deployment of those vessels, with a view to their future inclusion into the effort regime.

For the purposes of this Annex, the regulated gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and geographical areas referred to in point 2 of that Annex shall apply.

• 3.1. The maximum allowable effort referred to in Article 12(1) of Regulation (EC) No 1342/2008 and in Article 9(2) of Regulation (EC) No 676/2007 for the 2010 management period, from 1 February 2010 to 31 January 2011, for each of the effort groups of each Member State is set out in Appendix 1.

• 3.2. The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/2003 shall not affect the maximum allowable fishing effort set in this Annex.

4. Member States' obligations

- 4.1. Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 9 of Regulation (EC) No 676/2007, Articles 4 and 13 to 17 of Regulation (EC) No 1342/2008 and Articles 26 to 34 of Regulation (EC) No 1224/2009.

- 4.2. Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood, for the purpose of cod management, as each of the geographical areas referred to in point 2 and, for the purpose of sole and plaice management, as ICES zone IV.

- 5.1. If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it shall not permit fishing with a regulated gear in any of the geographical areas to which this Annex applies by any of its vessels which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

- 5.2. A Member State may establish management periods for allocating all or parts of the maximum allowable effort to individual vessels or groups of vessels. In such case, the number of days or hours 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. During any such management periods, the Member State may reallocate effort between individual vessels or groups of vessels.

• 5.3. If a Member State authorises vessels to be present within an area by hours, the Member State shall continue measuring the consumption of days in accordance with the conditions referred to in point 4. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a vessel terminating presences in the area before the end of a 24-hour period.

- 6.1. Without prejudice to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States shall transmit to the Commission on its request the data on fishing effort deployed by their fishing vessels in the previous month and the months before, using the reporting format set out in Appendix 2.

• 6.2. The data shall be sent to the appropriate electronic mailbox address, which the Commission shall communicate to the Member States. When a data transfer to the Fisheries Data Exchange System (or any future data system decided by the Commission) will become operational, the Member State shall transmit the data to the system before the fifteenth of each month, referring to the effort deployed up to the end of the previous month. The Commission shall notify Member States the date at which the system shall be used for transmission at least two months in advance of the first due date. The first fishing effort declaration that will be sent to the system shall include the effort deployed since 1 February 2010. Member States shall transmit to the Commission on its request the data on fishing effort deployed by their fishing vessels during the month of January 2010.

Appendix 1 to annex IIA

Maximum allowable fishing effort in kilowatt days

| Geographical area: | Regulated gear | DK | DE | SE |

| --- | --- | --- | --- | --- | | (a) Kattegat | TR1 | 197 929 | 4 212 | 16 610 | | (a) Kattegat | TR2 | 1 475 629 | 9 316 | 582 233 | | (a) Kattegat | TR3 | 523 126 | 0 | 55 853 | | (a) Kattegat | BT1 | 0 | 0 | 0 | | (a) Kattegat | BT2 | 0 | 0 | 0 | | (a) Kattegat | GN | 115 456 | 26 534 | 13 102 | | (a) Kattegat | GT | 22 645 | 0 | 22 060 | | (a) Kattegat | LL | 1 100 | 0 | 25 339 | | Geographical area | Regulated gear | BE | DK | DE | ES | FR | IE | NL | SE | UK | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | (b) Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId | TR1 | 432 | 4 892 761 | 1 269 111 | 2 036 | 2 214 240 | 227 | 371 757 | 248 638 | 8 938 164 | | (b) Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId | TR2 | 279 868 | 4 106 634 | 516 154 | 0 | 9 638 858 | 15 861 | 1 080 920 | 872 900 | 7 409 969 | | (b) Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId | TR3 | 0 | 4 391 356 | 3 501 | 0 | 107 041 | 0 | 48 508 | 263 772 | 21 511 | | (b) Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId | BT1 | 1 427 574 | 1 157 265 | 29 271 | 0 | 0 | 0 | 999 808 | 0 | 1 739 759 | | (b) Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId | BT2 | 6 229 751 | 88 645 | 1 691 253 | 0 | 829 504 | 0 | 34 743 212 | 0 | 7 337 669 | | (b) Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId | GN | 163 531 | 2 307 977 | 224 484 | 0 | 222 598 | 0 | 438 664 | 74 925 | 546 303 | | (b) Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId | GT | 0 | 224 124 | 467 | 0 | 2 374 073 | 0 | 0 | 48 968 | 14 004 | | (b) Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId | LL | 0 | 56 312 | 0 | 245 | 71 448 | 0 | 0 | 110 468 | 134 880 | | Geographical area | Regulated gear | BE | FR | IE | UK | NL | | --- | --- | --- | --- | --- | --- | --- | | (c) ICES zone VIIa | TR1 | 0 | 138 714 | 59 625 | 603 719 | 0 | | (c) ICES zone VIIa | TR2 | 17 409 | 552 | 778 729 | 1 934 646 | 0 | | (c) ICES zone VIIa | TR3 | 0 | 0 | 8 433 | 1 588 | 0 | | (c) ICES zone VIIa | BT1 | 0 | 0 | 0 | 0 | 0 | | (c) ICES zone VIIa | BT2 | 843 782 | 0 | 514 584 | 111 693 | 200 000 | | (c) ICES zone VIIa | GN | 0 | 158 | 18 255 | 5 970 | 0 | | (c) ICES zone VIIa | GT | 0 | 0 | 0 | 158 | 0 | | (c) ICES zone VIIa | LL | 0 | 0 | 0 | 70 614 | 0 | | Geographical area | Regulated gear | DE | ES | FR | IE | UK | | --- | --- | --- | --- | --- | --- | --- | | (d) ICES zone VIa and EU waters of ICES zone Vb | TR1 | 11 151 | 0 | 2 685 733 | 221 346 | 1 836 929 | | (d) ICES zone VIa and EU waters of ICES zone Vb | TR2 | 0 | 0 | 7 415 | 479 043 | 2 972 845 | | (d) ICES zone VIa and EU waters of ICES zone Vb | TR3 | 0 | 0 | 0 | 20 355 | 30 042 | | (d) ICES zone VIa and EU waters of ICES zone Vb | BT1 | 0 | 0 | 7 161 | 0 | 117 544 | | (d) ICES zone VIa and EU waters of ICES zone Vb | BT2 | 0 | 0 | 13 211 | 3 801 | 4 626 | | (d) ICES zone VIa and EU waters of ICES zone Vb | GN | 35 442 | 13 836 | 400 503 | 5 697 | 213 454 | | (d) ICES zone VIa and EU waters of ICES zone Vb | GT | 0 | 0 | 0 | 1 953 | 145 | | (d) ICES zone VIa and EU waters of ICES zone Vb | LL | 0 | 1 402 142 | 54 917 | 4 250 | 630 040 |

Appendix 2 to annex IIA

Table II

Reporting format

| Country | Gear | Area | Year | Month | Cumulative declaration |

| --- | --- | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | (5) | (6) |

Table III

Data format

| Name of field | Maximum number of characters/digits | Alignment [^E0262] L(eft)/R(ight) | Definition and comments |

| --- | --- | --- | --- | | (1) Country | 3 | — | Member State (Alpha-3 ISO code) in which the vessel is registered | | (2) Gear | 3 | — | one of the following gear types TR1 TR2 TR3 BT1 BT2 GN1 GT1 LL1 | | (3) Area | 8 | L | one of the following areas 03AS 02A0407D 07A 06A | | (4) Year | 4 | — | the year of the month for which the declaration is done | | (5) Month | 2 | — | month for which the fishing effort declaration is done (expressed by two digits between 01 and 12) | | (6) Cumulative declaration | 13 | R | cumulative amount of fishing effort expressed in kilowatt days from 1 January of the year (4) until the end of the month (5) |

Information relevant for transmission of data by fixed-length formatting.

ANNEX IIB

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

1. Scope

This Annex shall apply to EU vessels of 10 metres’ length overall or more carrying on board or deploying trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm or bottom longlines, and present in ICES divisions VIIIc and IXa excluding the Gulf of Cadiz.

For the purposes of this Annex:

• (a) ‘gear grouping’ means the grouping of trawls, Danish seines and similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm and bottom longlines;

• (b) ‘regulated gear’ means any of the two gear categories belonging to the gear grouping;

• (c) ‘area’ means ICES divisions VIIIc and IXa excluding the Gulf of Cadiz;

• (d) ‘2010 management period’ means the period from 1 February 2010 to 31 January 2011;

• (e) ‘special conditions’ means the special conditions set out in point 5.2;

• 3.1. A Member State shall not authorise fishing with a regulated gear in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 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 area.

• 3.2. A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in the area with a regulated gear, 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 10 or 11 of this Annex.

• 4.1. Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 8 of Regulation (EC) No 2166/2005 and Articles 26 to 34 of Regulation (EC) No 1224/2009.

- 4.2. Each Member State shall ensure that, when carrying on board any regulated gear, EU vessels flying its flag shall be present within the area for no more than the number of days specified in point 5.

• 4.3. Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as the area defined in point 2.

NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU VESSELS

- 5.1. During the 2010 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board any regulated gear is shown in Table I.

• 5.2. For the purposes of fixing the maximum number of days at sea an EU vessel may be authorised by its flag Member State to be present within the area, the following special conditions shall apply in accordance with Table I:

• (a) the total landings of hake in the year 2007 or 2008 made by the vessel shall represent less than 5 tonnes according to the landings in live weight consigned in the fishing logbook, and

• (b) the total landings of Norway lobster in the year 2007 or 2008 made by the vessel shall represent less than 2,5 tonnes according to the landings in live weight consigned in the fishing logbook.

• 5.3. The special condition referred to in point 5.2 might be transferred from one vessel to one or more other vessels which replace that vessel in the fleet, provided that the replacing vessel uses similar gear and does not have in any year of its operation a record of landings of hake and Norway lobster higher than the weights specified in point 5.2.

• 5.4. A Member State may manage its fishing effort allocations according to a kilowatt days system. By that system it may authorise any vessel concerned for any regulated gear and special conditions as set out in Table I to be present within the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to the regulated gear and to the special condition referred to in point 5.2 is respected.

This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for the regulated gear and, where applicable, the special condition. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if this point were not applied. For as long as the number of days is unlimited according to Table I, the relevant number of days the vessel would benefit from is 360.

• 5.5. A Member State wishing to benefit from point 5.4 shall submit a request to the Commission with reports in electronic format containing for the gear grouping and special condition as laid down in Table I the details of the calculation based on:

• — list of vessels authorised to fish by indicating their EU fishing fleet register number (CFR) and their engine power,

• — track records of 2007, 2008 and 2009 for such vessels reflecting the catch composition defined in special conditions 5.2(a) or (b), if these vessels are qualified for such special condition,

- — the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 5.4.

On the basis of that description, the Commission may authorise that Member State to benefit from point 5.4.

• 6.1. 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.

• 6.2. The number of days or hours for which a vessel may be present within the area during a management period shall be fixed by the Member State concerned.

In case that a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 4.1. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area that do not coincide with the end of a 24-hour period.

7. Allocation of additional days for permanent cessation of fishing activities

• 7.1. An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the area when carrying on board any regulated gear 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 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999, Article 23 of Regulation (EC) No 1198/2006 or Council Regulation (EC) No 744/2008 of 24 July 2008 instituting a temporary specific action aiming to promote the restructuring of the European Community fishing fleets affected by the economic crisis ([^E0263]), 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 gears in question shall be divided by the effort expended by all vessels using those gears during 2003. The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. 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 3 or 5.3, or when the withdrawal has already been used in previous years to obtain additional days at sea.

• 7.2. Member States wishing to benefit from the allocations referred to in point 7.1 shall submit a request to the Commission with reports in electronic format containing, for the gear grouping and special condition as laid down in Table I, the details of the calculation based on:

• — lists of withdrawn vessels with their EU fishing fleet register number (CFR) and their engine power,

• — the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of fishing gears and if necessary special condition.

- 7.3. On the basis of such a request the Commission may amend the number of days defined in point 5.1 for that Member State in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.

- 7.4. During the 2010 management period, a Member State may re-allocate those additional numbers of days at sea to all or part of the vessels remaining in fleet and qualified for the regulated gears. Additional days stemming from a withdrawn vessel that benefited from a special condition 5.2(a) or (b) may not be allocated to a vessel remaining active that does not benefit from a special condition.

• 7.5. A Member State may not reallocate in the 2010 management period any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission, unless the Commission has taken a decision that reassesses those additional numbers of days on the basis of the current gear groupings and limitations in days at sea. Upon the Member State's request to reassess the number of days, the Member State is provisionally authorised to reallocate 50 % of the additional number of days, until the Commission's decision is taken.

• 8.1. Three additional days on which a vessel may be present within the area when carrying onboard any regulated gear may be allocated 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 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy ([^E0264]) and its implementing rules for national programmes.

Observers shall be independent from the owner, the master of the vessel and any crew member.

• 8.2. Member States wishing to benefit from the allocations referred to in point 8.1 shall submit a description of their enhanced observer coverage programme to the Commission for approval.

- 8.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 5.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.

• 8.4. If an enhanced observer coverage programme submitted by a Member State has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of that programme four weeks before the beginning of the period for which the programme applies.

9. Special conditions for the allocation of days

- 9.1. If a vessel has received an unlimited number of days resulting from compliance with the special conditions, the vessel’s landings in the 2010 management period shall not exceed 5 tonnes live weight of hake and 2,5 tonnes live weight of Norway lobster.

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

- 9.3. 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 condition.

Table I

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

| Special condition | Regulated gear | Maximum number of days |

| --- | --- | --- | | | Bottom trawls, Danish seines and similar trawls of mesh size ≥32 mm, gill-nets of mesh size ≥60 mm and bottom longlines | 158 | | 5.2(a) and 5.2(b) | Bottom trawls, Danish seines and similar trawls of mesh size ≥32 mm, gill-nets of mesh size ≥60 mm and bottom longlines | Unlimited |

EXCHANGES OF FISHING EFFORT ALLOCATIONS

10. Transfer of days between vessels flying the flag of a Member State

- 10.1. A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has been authorised to another vessel flying its flag within the area provided that the product of the days received by a vessel multiplied by 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 EU fishing fleet register.

• 10.2. The total number of days present within the area transferred under point 10.1 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 fishing logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel.

• 10.3. The transfer of days as described in point 10.1 shall be permitted only between vessels operating with any regulated gear and during the same management period.

- 10.4. Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without special condition.

- 10.5. 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 information referred to in the present point may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.

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 that points 3.1, 3.2, and 10 apply mutatis mutandis. Where Member States decide to authorise such a transfer, they shall notify the Commission, before the transfer takes place, the details of the transfer, including the number of days, the fishing effort and, where applicable, the fishing quotas relating thereto.

REPORTING OBLIGATIONS

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 on a quarterly basis the information about total fishing effort deployed within the area for towed gears and static gears, effort deployed by vessels using different types of gear in the area, and the engine power of those vessels in kW.

13. Communication of relevant data

Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with the data referred to in point 12 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. Member States shall, upon the Commission's request, also send to the Commission detailed information on effort allocated and consumed covering all or parts of the 2009 and 2010 management periods, using the data format specified in Tables IV and V.

Table II

Reporting format kW-day information by year

Country	Gear	Year	Cumulative effort declaration
(1)	(2)	(3)	(4)

Table III

Data format kW-day information by year

Name of field	Maximum number of characters/digits	Alignment [^E0265] L(eft)/R(ight)	Definition and comments
(1) Country	3		Member State (Alpha-3 ISO code) in which the vessel is registered
(2) Gear	2		one of the following gear types: TR = trawls, Danish seines and similar gear ≥ 32 mm GN = gillnets ≥ 60 mm LL = bottom longlines
(3) Year	4		either 2006 or 2007 or 2008 or 2009 or 2010
(4) Cumulative effort declaration	7	R	cumulative amount of fishing effort expressed in kilowatt days deployed from 1 January until 31 December of the year

Information relevant for transmission of data by fixed-length formatting.

Table IV

Reporting format for vessel-related information

Country	CFR	External marking	Length of management period	Gear notified	Gear notified	Gear notified	Gear 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	No 1	No 2	No 3	…	No 1	No 2	No 3	…	No 1	No 2	No 3	…	No 1	No 2	No 3	…	Transfer of days
(1)	(2)	(3)	(4)	(5)	(5)	(5)	(5)	(6)	(6)	(6)	(6)	(7)	(7)	(7)	(7)	(8)	(8)	(8)	(8)	(9)

Table V

Data format for vessel-related information

| Name of field | Maximum number of characters/digits | Alignment [^E0266] L(eft)/R(ight) | Definition and comments |

| --- | --- | --- | --- | | (1) Country | 3 | | Member State (Alpha-3 ISO code) in which vessel is registered. | | (2) CFR | 12 | | EU fishing 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 Regulation (EEC) No 1381/87. | | (4) Length of management period | 2 | L | Length of the management period measured in months | | (5) Gears notified | 2 | L | One of the following gear types TR = trawls, Danish seines and similar gear ≥ 32 mm GN = gillnets ≥ 60 mm LL = bottom longlines | | (6) Special condition applying to notified gear(s) | 2 | L | Indication of which, if any, of the special condition a-b referred to in point 7.2 of Annex IIB that apply | | (7) 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 | | (8) 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 | | (9) Transfers of days | 4 | L | For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’. |

Information relevant for transmission of data by fixed-length formatting.

ANNEX IIC

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

GENERAL PROVISIONS

• 1.1. This Annex shall apply to EU vessels of 10 metres' length overall or more carrying on board or deploying any of the gears defined in point 3, and present in zone VIIe. For the purposes of this Annex, a reference to the 2010 management period means the period from 1 February 2010 to 31 January 2011.

• 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 fishing 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 during the 2010 management period;

- (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 2010 and 31 January 2011 on these vessels' track records for sole in 2004 and catches of sole in 2010.

When either of these conditions is not met, the vessels concerned shall with immediate effect cease to be exempted from the provisions of this Annex.

2. 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.

• 3.1. Member States shall manage the maximum allowable effort in accordance with Articles 26 to 34 of Regulation (EC) No 1224/2009.

• 3.2. Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as the ICES zone VIIe.

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

- 4.1. Vessels using gear types identified in point 2 and fishing in areas defined in point 1 shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

• 4.2. A Member State shall not permit fishing with a gear belonging to a grouping of fishing gears defined in point 2 in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

• 4.3. However, a vessel with a track record of using a gear belonging to a grouping of fishing gears defined in point 2 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.

• 4.4. 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 2, 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 10 or 11 of this Annex.

5. Limitations in activity

Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears referred to in point 2, fishing vessels flying its flag and registered in the Union shall be present within the area for no more than the number of days set out in point 6.

NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU VESSELS

• 6.1. During the 2010 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board and used any one of the fishing gears referred to in point 2 is shown in Table I.

• 6.2. During the 2010 management period, the number of days at sea 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, where the vessel is subject to allocations of maximum effort for its presence in areas covered by Annex IIA alone, it shall comply with the maximum effort thus fixed.

• 6.3. During the 2010 management period, a Member State may manage its fishing effort allocation according to a kilowatt days system. By that system it may authorise any vessel concerned to be present within the area for a maximum number of days which is different from that set out in Table I for any one of the groupings of fishing gears laid down in that Table, provided that the overall amount of kilowatt days corresponding to such a grouping is respected.

For a specific grouping of fishing gears, the overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific grouping. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if this point were not applied.

• 6.4. A Member State wishing to benefit from point 6.3 shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on:

• — list of vessels authorised to fish by indicating their EU fishing fleet register number (CFR) and their engine power,

- — the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 6.3.

On the basis of that description, the Commission may authorise that Member State to benefit from point 6.3.

• 7.1. 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.

• 7.2. The number of days or hours 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.

In case that a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 3. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area that do not coincide with the end of a 24-hours-period.

• 8.1. An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the geographical area when carrying on board any of the gears referred to in point 2 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 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or Article 23 of Regulation (EC) No 1198/2006 or Regulation (EC) No 744/2008, or resulting from other circumstances duly motivated by Member States.

The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question shall be divided by the effort expended by all vessels using that gear during 2003. The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. 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 4.2 or when the withdrawal has already been used in previous years to obtain additional days at sea.

- 8.2. Member States wishing to benefit from the allocations referred to in point 8.1 shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on:

• — lists of withdrawn vessels with their EU fishing fleet register number (CFR) and their engine power,

• — the fishing activity deployed by such vessels in 2003 calculated in days at sea by concerned grouping of fishing gears.

• 8.3. On the basis of such a request the Commission may amend the number of days defined in point 6.2 for that Member State in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.

• 8.4. During the 2010 management period, a Member State may re-allocate those additional numbers of days at sea to all or parts of the vessels remaining in fleet and qualified for the relevant grouping of fishing gears.

- 8.5. A Member State may not reallocate in the 2010 management period any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission, unless the Commission has taken a decision that reassesses those additional numbers of days on the basis of the current gear groupings and limitations in days at sea. Upon the Member State's request to reassess the number of days, the Member State is provisionally authorised to reallocate 50 % of the additional number of days, until the Commission's decision is taken.

- 9.1. 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 2 may be allocated between 1 February 2010 and 31 January 2011 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 199/2008 and Regulation (EC) No 665/2008 for national programmes.

Observers shall be independent from the owner, the master of the fishing vessel and any crew member.

• 9.2. Member States wishing to benefit from the allocations referred to in point 9.1 shall submit a description of their enhanced observer coverage programme to the Commission for approval.

- 9.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 6.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.

• 9.4. If an enhanced observer coverage programme submitted by a Member State has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of that programme four weeks before the beginning of the period for which the programme applies.

Table I

Maximum number of days a vessel may be present within the area by gear grouping per year

Gear point 3	Denomination Only the gear groupings as defined in point 3 are used	Western Channel
3(a)	Beam trawls of mesh size ≥ 80 mm	164
3(b)	Static nets with mesh size < 220 mm	164

EXCHANGES OF FISHING EFFORT ALLOCATIONS

10. Transfer of days between fishing vessels flying the flag of a Member State

• 10.1. A Member State may permit any of its fishing vessels flying its flag to transfer days present within the area for which it has been authorised to another of its vessels flying its flag within the area 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 EU fishing fleet register.

• 10.2. The total number of days present within the area, 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 fishing logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel.

- 10.3. The transfer of days as described in point 10.1 shall be permitted only between vessels operating within the same gear grouping referred to in point 2 and during the same management period.

- 10.4. On request from the Commission, Member States shall provide reports on the transfers that have taken place. A detailed format of spreadsheet for making these reports available to the Commission may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.

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 that points 4.2, 4.4, 6 and 10 apply mutatis mutandis. Where Member States decide to authorise such a transfer, as a preliminary they shall notify the Commission before the transfer takes place, the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the fishing quotas relating thereto, as agreed between them.

REPORTING OBLIGATIONS

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.

13. Communication of relevant data

Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with the data referred to in point 12 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. Member States shall, upon the Commission's request, also send to the Commission detailed information on effort allocated and consumed covering all or parts of the 2009 and 2010 management periods, using the data format specified in Tables IV and V.

Table II

Reporting format kW-day information by year

Country	Gear	Year	Cumulative effort declaration
(1)	(2)	(3)	(4)

Table III

Data format kW-day information by year

Name of field	Maximum number of characters/digits	Alignment [^E0267] L(eft)/R(ight)	Definition and comments
(1) Country	3		Member State (Alpha-3 ISO code) in which the vessel is registered
(2) Gear	2		one of the following gear types: BT = beam trawls ≥ 80 mm GN = gillnet < 220 mm TN = trammel net or entangling net < 220 mm
(3) Year	4		either 2006 or 2007 or 2008 or 2009 or 2010
(4) Cumulative effort declaration	7	R	cumulative amount of fishing effort expressed in kilowatt days deployed from 1 January until 31 December of the year

Information relevant for transmission of data by fixed-length formatting.

Table IV

Reporting format for vessel-related information

Country	CFR	External marking	Length of management period	Gear notified	Gear notified	Gear notified	Gear notified	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	No 1	No 2	No 3	…	No 1	No 2	No 3	…	No 1	No 2	No 3	…	Transfer of days
(1)	(2)	(3)	(4)	(5)	(5)	(5)	(5)	(6)	(6)	(6)	(6)	(7)	(7)	(7)	(7)	(8)

Table V

Data format for vessel-related information

Name of field	Maximum number of characters/digits	Alignment [^E0268] L(eft)/R(ight)	Definition and comments
(1) Country	3		Member State (Alpha-3 ISO code) in which vessel is registered.
(2) CFR	12		EU fishing 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 Regulation (EEC) No 1381/87
(4) Length of management period	2	L	Length of the management period measured in months
(5) Gears notified	2	L	One of the following gear types: BT = beam trawls ≥ 80 mm GN = gillnet < 220 mm TN = trammel net or entangling net < 220 mm
(6) Special condition applying to notified gear(s)	3	L	Number of days for which the vessel is eligible under Annex IIC for the choice of gears and length of management period notified
(8) 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
(9) Transfers of days	4	L	For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’.

Information relevant for transmission of data by fixed-length formatting.

ANNEX IID

FISHING OPPORTUNITIES FOR VESSELS FISHING FOR SANDEEL IN ICES ZONES IIa, IIIa AND IV

• 1. The conditions laid down in this Annex shall apply to EU vessels fishing in EU waters of ICES zones IIa, IIIa and IV with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm.

• 1. The conditions laid down in this Annex shall apply to third-country vessels authorised to fish for sandeel in EU waters of ICES zone IV unless otherwise specified, or as a consequence of consultations between the Union and Norway as set out in the Agreed Record of conclusions between the European Union and Norway.

- 3. For the purposes of this Annex, a day present within the area shall be:

- (a) the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period; or

• (b) any continuous period of 24 hours as recorded in the fishing logbook between the date and time of departure and the date and time of arrival or any part of any such time period.

• 1. Each Member State concerned shall maintain a data base containing for EU waters of ICES zones IIa, IIIa and IV and for each vessel flying its flag or registered within the Union which have been fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm, the following information:

• (a) the name and internal registration number of the vessel;

• (b) the installed engine power of the vessel in kilowatts measured in accordance with Article 5 of Regulation (EEC) No 2930/86;

• (c) the number of days present within the area when fishing with demersal trawl, seine or similar towed gear with a mesh size of less than 16 mm;

• (d) the kilowatt-days as the product of the number of days present within the area and the installed engine power in kilowatts.

- 5. Exploratory fishery relating to sandeel abundance shall start no earlier than 1 April 2010 and end no later than 6 May 2010.

The total ceiling of fishing effort allowed in the exploratory fishery relating to sandeel abundance in 2010 shall be determined on the basis of the total fishing effort deployed by EU vessels in 2007 established in accordance with point 4 and shall be divided among Member States in accordance with the quota allocations for this TAC.

• 1. The TAC and quotas for sandeel in EU waters of ICES zones IIa, IIIa and IV as laid down in Annex I shall be revised by the Commission as early as possible based on advice from ICES and the STECF on the size of the 2009 year class of North Sea sandeel, taking into account the following principles as well as other relevant elements contained in the scientific advice:

The TAC for EU waters of ICES zones IIa and IV shall be established according to the following function:

TAC 2010 = -333+R1,2010*3,692

where R1,2010 is the stock size of age 1 sandeel in billions on 1 January 2010 and the TAC is expressed in 1 000 tonnes.

• 1. If the TAC calculated in point 6 exceeds 400 000 tonnes, the TAC shall be set at 400 000 tonnes.

• 1. Commercial fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited from 1 August 2010 until 31 December 2010.

ANNEX III

Quantitative limitations of fishing authorisations for EU vessels fishing in third-country waters

Area of fishing	Fishery	Number of fishing authori-sations	Allocation of fishing authorisations amongst Member States	Maximum number of vessels present at any time
Norwegian waters and fishery zone around Jan Mayen	Herring, north of 62°00′ N	93 [^E0269]	DK: 32, DE: 6, FR: 1, IE: 9, NL: 11, PL: 1, SV: 12, UK: 21	69
Norwegian waters and fishery zone around Jan Mayen	Demersal species, north of 62°00′ N	80 [^E0269]	DE: 16, IE: 1, ES: 20, FR: 18, PT: 9, UK: 14	50
Norwegian waters and fishery zone around Jan Mayen	Mackerel	97 [^E0270]	DK: 15, DE: 4, FR: 2, IE: 23, NL: 11, SE: 6, UK: 36	70
Norwegian waters and fishery zone around Jan Mayen	Industrial species, south of 62°00′ N	480 [^E0269]	DK: 450, UK: 30	150
Faroese waters	All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines	26	BE: 0, DE: 4, FR: 4, UK: 18	13
Faroese waters	Directed fisheries for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62°28′ N and east of 6°30′ W	8 [^E0271]		4
	Trawl fisheries outside 21 miles from the Faroese baseline. In the periods from 1 March to 31 May and from 1 October to 31 December, these vessels may operate in the area between 61°20′ N and 62°00′ N and between 12 and 21 miles from the baselines.	70	BE: 0, DE: 10, FR: 40, UK: 20	26
	Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61°30′ N and west of 9°00′ W and in the area between 7°00′ W and 9°00′ W south of 60°30′ N and in the area south-west of a line between 60°30′ N, 7°00′ W and 60°00′ N, 6°00′ W	70	DE: 8 [^E0272], FR: 12 [^E0272], UK: 0 [^E0272]	20 [^E0273]
	Directed trawl fisheries for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend	70		22 [^E0273]
	Fisheries for blue whiting. The total number of fishing authorisations may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called ‘main fishing area of blue whiting’.	36	DE: 3, DK: 19, FR: 2, NL: 5, UK: 5	20
	Line fisheries	10	UK: 10	36
	Mackerel	12	DK: 12	12
	Herring, north of 61° N	21	DK: 7, DE: 1, IE: 2, FR: 0, NL: 3, SV: 3, UK: 5	21

The fishing authorisations for fishing activities in these waters may only be granted as from 26 January 2010.

The fishing authorisations for fishing activities in these waters may only be granted as from 4 June 2010.

Following the Agreed Record of 1999, the figures for the directed fishing for cod and haddock are included in the figures for ‘All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines’.

These figures refer to the maximum number of vessels present at any time.

These figures are included in the figures for ‘Trawl fisheries outside 21 miles from the Faroese baselines’.

ANNEX IV

ICCAT CONVENTION AREA

• 1. Maximum number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic

Spain	63
France	44
EU	107

• 1. Maximum number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean