Council Regulation (EC) No 1342/2008 (repealed)Show full title

Article 12 Fishing effort allocations

1. Each year, the Council shall decide on the maximum allowable fishing effort for each effort group by Member State.

2. The maximum allowable fishing effort shall be calculated by means of a baseline established as follows:

(a) for the first year of application of this Regulation the baseline shall be established for each effort group as the average effort in kW-days spent during the years 2004-2006 or 2005-2007, according to the preference of the Member State concerned, based on the advice of STECF;

(b) for the subsequent years of application of this Regulation the baseline shall be equal to the maximum allowable fishing effort of the previous year.

3. The effort groups for which an annual adjustment in the maximum allowable fishing effort shall be applied shall be decided on the following basis:

(a) the catches of cod taken by vessels in each of the effort groups shall be evaluated on the basis of data submitted by Member States in accordance with Articles 18, 19 and 20 of 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(1);

(b) a list shall be compiled for each of the areas defined in Annex I to this Regulation of the aggregated effort groups and their corresponding cod catches, including discards. This list shall be arranged in ascending order of cod catch in each effort group;

(c) the cumulative catches of cod in the lists established according to point (b) shall be calculated in following way. For each aggregated effort group, the sum shall be calculated of the cod catch by that effort group and the cod catches made by all aggregated effort groups in the preceding entries in the list;

(d) the cumulative catches calculated according to point (c) shall be calculated as a percentage of the total cod catch by all aggregated effort groups in the same area.

4. For aggregated effort groups where the percentage cumulative catch calculated according to paragraph 3(b) is equal to or exceeds 20 %, annual adjustments shall apply to the effort groups concerned. The maximum allowable fishing effort of the groups concerned shall be calculated as follows:

(a) where Articles 7 or 8 applies, by applying to the baseline the same percentage adjustment as that set out in those Articles for fishing mortality;

(b) where Article 9 applies, by applying to the baseline the same percentage adjustment in fishing effort as the reduction of the TAC.

5. For effort groups other than those referred to in paragraph 4, the maximum allowable fishing effort shall be maintained at the level of the baseline.

(1)

OJ L 60, 5.2.2008, p. 1.