Council Regulation (EC) No 2287/2003 (repealed)Show full title

Fishing effort

5. Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 4, fishing vessels flying its flag and registered in the Community shall be present within the area and absent from port for no more than the number of days specified in point 6.

6.

(a)

The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I.

Table I — Maximum days present within the area and absent from port by fishing gear
Area defined in point	Grouping of fishing gears referred to in point
	4a	4b	4c	4d	4e	4f
2a. Kattegat, North Sea and Skagerrak, West of Scotland, Eastern Channel, Irish Sea.	10	14	14	17	22	20

(b)

A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months. Member States shall notify the Commission of their intention to aggregate management periods before the beginning of any aggregated period.

(c)

An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of the achieved results of decommissioning programmes that have taken place since 1 January 2002.

Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of their completed decommissioning programmes.

On the basis of such a request the Commission, following consultation with Member States, may amend the number of days defined in point (a) for that Member State.

(d)

Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II.

Member States wishing to allocate these additional days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the additional days are to be granted.

Table II — Derogations from days present within the area and absent from port in Table I and associated conditions
a As verified by the EC logbook — average annual landing in live weight.
b Notwithstanding this provision, the derogation shall also apply to a maximum of six vessels flying the flag of France and registered in the Community of length overall equal to or greater than 15 metres. A list of such vessels shall be submitted to the Commission before 1 February 2004.
Area Defined in point 2	Gear defined in point 4	2002 vessel track recorda	Days
2(a)	4(a) and 4(e)	Less than 5 % of each of cod, sole and plaice	no days restriction
2(a)	4(a)	Less than 5 % cod	100 to 120 mm up to 14 over 120 mm up to 15
2(a) Kattegat (ICES Division IIIa south), North Sea	4(c) gear of mesh size equal to or greater than 220 mm	Less than 5 % cod and more than 5 % of turbot and lumpfish	Up to 16 days
2(a) Eastern channel ICES Division VIId	4(c) gear of mesh size equal to or less than 110 mm	Vessels of less than 15 m in length with landings of over 35 % unregulated species and absent from port for no more than 24 hoursb	Up to 20 days

If this higher allocation of days is given to a vessel, as a result of its low percentage track record of catch of certain species, that vessel shall not at any time retain more than the percentage of those species on board as shown in Table II. When this condition is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.

(e)

Upon the request of a Member State the Commission may allocate a derogation under the first line in Table II in respect of the saithe fishery without the requirement for a track record in previous years of fishing with less than 5 % by catch. Along with its request the Member State shall submit details of the vessels that would benefit, with evidence of their quota holding and planned activity. The request shall be submitted to the Commission at least four weeks before the beginning of the first management period in which the days are to be allocated.

Any vessel allocated extra days under this provision may not at any time retain on board more than 5 % of each of the following species: cod, sole and plaice.

Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above requirement. Any vessel found to be not complying with the requirement shall with immediate effect no longer be entitled to the additional days.

(f)

In recognition of the area closure in the Irish Sea for the protection of spawning fish and the assumed reduction in fishing mortality on cod, an additional two days will be available for vessels in groupings of fishing gears 4a and 4b which spend more than half of their allocated days in a given management period fishing in the Irish Sea (ICES Division VIIa).

(a)

The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I.

Table I — Maximum days present within the area and absent from port by fishing gear
Area defined in point	Grouping of fishing gears referred to in point
	4a	4b	4c	4d	4e	4f
2a. Kattegat, North Sea and Skagerrak, West of Scotland, Eastern Channel, Irish Sea.	10	14	14	17	22	20

(b)

A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months. Member States shall notify the Commission of their intention to aggregate management periods before the beginning of any aggregated period.

(c)

An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of the achieved results of decommissioning programmes that have taken place since 1 January 2002.

Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of their completed decommissioning programmes.

On the basis of such a request the Commission, following consultation with Member States, may amend the number of days defined in point (a) for that Member State.

(d)

Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II.

Member States wishing to allocate these additional days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the additional days are to be granted.

Table II — Derogations from days present within the area and absent from port in Table I and associated conditions
a As verified by the EC logbook — average annual landing in live weight.
b Notwithstanding this provision, the derogation shall also apply to a maximum of six vessels flying the flag of France and registered in the Community of length overall equal to or greater than 15 metres. A list of such vessels shall be submitted to the Commission before 1 February 2004.
Area Defined in point 2	Gear defined in point 4	2002 vessel track recorda	Days
2(a)	4(a) and 4(e)	Less than 5 % of each of cod, sole and plaice	no days restriction
2(a)	4(a)	Less than 5 % cod	100 to 120 mm up to 14 over 120 mm up to 15
2(a) Kattegat (ICES Division IIIa south), North Sea	4(c) gear of mesh size equal to or greater than 220 mm	Less than 5 % cod and more than 5 % of turbot and lumpfish	Up to 16 days
2(a) Eastern channel ICES Division VIId	4(c) gear of mesh size equal to or less than 110 mm	Vessels of less than 15 m in length with landings of over 35 % unregulated species and absent from port for no more than 24 hoursb	Up to 20 days

If this higher allocation of days is given to a vessel, as a result of its low percentage track record of catch of certain species, that vessel shall not at any time retain more than the percentage of those species on board as shown in Table II. When this condition is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.

(e)

Upon the request of a Member State the Commission may allocate a derogation under the first line in Table II in respect of the saithe fishery without the requirement for a track record in previous years of fishing with less than 5 % by catch. Along with its request the Member State shall submit details of the vessels that would benefit, with evidence of their quota holding and planned activity. The request shall be submitted to the Commission at least four weeks before the beginning of the first management period in which the days are to be allocated.

Any vessel allocated extra days under this provision may not at any time retain on board more than 5 % of each of the following species: cod, sole and plaice.

Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above requirement. Any vessel found to be not complying with the requirement shall with immediate effect no longer be entitled to the additional days.

(f)

In recognition of the area closure in the Irish Sea for the protection of spawning fish and the assumed reduction in fishing mortality on cod, an additional two days will be available for vessels in groupings of fishing gears 4a and 4b which spend more than half of their allocated days in a given management period fishing in the Irish Sea (ICES Division VIIa).

7. 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 will not be entitled to fish within the areas defined in point 2.

Where the master of a vessel or his representative notifies the use of two of the groupings of fishing gears defined under point 4, the total number of days available during the forthcoming management period shall be no more than half the sum of the days to which the vessel is eligible for each gear, rounded down to the nearest whole day. It shall not be permitted to deploy either of the gears concerned for more days than the number of days laid down for that gear in Table I.

The option to use two gears shall only be available if the following additional monitoring arrangements are met:

• During a given trip the fishing vessel may carry on board only one fishing gear;

• 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.

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 to be not complying with these requirements shall with immediate effect no longer be permitted to use two groupings of fishing gears.

8. A vessel which is present within any of the areas defined in point 2 and carrying on board any one of the fishing gears referred to in point 4 may not simultaneously carry on board any of the other gears referred to in point 4.

9.

(a)

In any given management period a vessel that has used the number of days present within the area and absent from port to which it is eligible shall remain in port or out of any area referred to in point 2 for the remainder of the management period.

(b)

In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies the 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)

In any given management period a vessel that has used the number of days present within the area and absent from port to which it is eligible shall remain in port or out of any area referred to in point 2 for the remainder of the management period.

(b)

In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies the 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.

10.

(a)

A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port to which it is eligible to another of its vessels for the same management period and within the same 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 multiplied by 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.

(b)

The total number of days present within the area and absent from port transferred under sub-point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel.

(c)

The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping and area categories referred to in point 6(a) and during the same management period.

(d)

No transfer of days from vessels benefiting from the allocation referred to in points 6(d), 6(e) and 7 is permitted.

(e)

On request from the Commission, Member States shall provide reports on the transfers that have taken place.

(a)

A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port to which it is eligible to another of its vessels for the same management period and within the same 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 multiplied by 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.

(b)

The total number of days present within the area and absent from port transferred under sub-point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel.

(c)

The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping and area categories referred to in point 6(a) and during the same management period.

(d)

No transfer of days from vessels benefiting from the allocation referred to in points 6(d), 6(e) and 7 is permitted.

(e)

On request from the Commission, Member States shall provide reports on the transfers that have taken place.

11. A vessel with no track record of fishing in one of the areas defined in point 2 is allowed to transit across these areas provided that it has first notified its authorities of its intention to do so. While that vessel is within any of the areas defined in point 2 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.

12. A Member State shall not permit fishing with any of the gears defined in point 4 in any area defined in point 2 by any of its vessels which have no record of such fishing activity in the years 2001, 2002 or 2003 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.