- Latest available (Revised)
- Original (As adopted by EU)
Council Regulation(EC) No 41/2007 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
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
There are outstanding changes not yet made to Council Regulation (EC) No 41/2007. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS [X1IN THE SKAGERRAK AND KATTEGAT] ICES ZONES IV, VIA, VIIA, VIID AND EC WATERS OF ICES ZONE IIA
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.
Kattegat;
Skagerrak, ICES zones IV and VIId and EC waters of ICES zone IIa;
ICES zone VIIa;
ICES zone VIa.
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:
60o00’N, 04o00’W
59o45’N, 05o00’W
59o30’N, 06o00’W
59o00’N, 07o00’W
58o30’N, 08o00’W
58o00’N, 08o00’W
58o00’N, 08o30’W
56o00’N, 08o30’W
56o00’N, 09o00’W
55o00’N, 09o00’W
55o00’N, 10o00’W
54o30’N, 10o00’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.
Trawls, Danish seines and similar gears, except beam trawls, of mesh size:
equal to or larger than16 mm and less than 32 mm;
equal to or larger than 70 mm and less than 90 mm;
equal to or larger than 90 mm and less than 100 mm;
equal to or larger than 100 mm and less than 120 mm;
equal to or larger than 120 mm;
Beam trawls of mesh size:
equal to or larger than 80 mm and less than 90 mm;
equal to or larger than 90 mm and less than 100 mm;
equal to or larger than 100 mm and less than 120 mm;
equal to or larger than 120 mm;
Gillnets, entangling nets with mesh size, except trammel nets:
less than 110 mm;
equal to or larger than 110 mm and less than 150 mm;
equal to or larger than 150 and less than 220 mm;
equal to or larger than 220 mm;
Trammel nets;
Longlines.
grouping of fishing gears 4.1.a.i within any area;
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;
groupings of fishing gears 4.1.a.iii in Skagerrak and Kattegat, 4.1.a.iv and 4.1.a.v within any area;
groupings of fishing gears 4.1.b.i, 4.1.b.ii, 4.1.b.iii, and 4.1.b.iv within any area;
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;
grouping of fishing gears 4.1.e within any area.
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.
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.
The vessel must comply with the conditions laid down in Appendix 1.
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 [X1more than 70 % of Norway lobster].
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.
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.
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.
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.
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.
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.
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.
The vessel must comply with conditions laid down in Appendix 2.
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 4o30'W in the months of May to October inclusive.
The vessel must comply with conditions laid down in Appendix 3.
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.]
Textual Amendments
Textual Amendments
Table I | ||||||||
Maximum days a vessel may be present in 2007 within an area by fishing gear | ||||||||
a Only the denominations in points 4.1 and 8.1 are used. | ||||||||
b Application of Title V of Regulation (EC) No 850/98 where restrictions exist. | ||||||||
Areas as defined in point: | ||||||||
---|---|---|---|---|---|---|---|---|
Gear Point 4.1 | Special condition Point 8 | Denominationa | 2.aKattegat | 2.b1 — Skaggerak2 — II, IVa, b,c,3 — VIId | 2.cVIIa | 2.dVIa | ||
1 | 2 | 3 | ||||||
a.i | Trawls or Danish seines with mesh size ≥ 16 and < 32 mm | 228 | 228b | 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 | 227 | 227 | ||
a.iv | Trawls or Danish seines with mesh size ≥100 and <120 mm | 103 | 95 | 105 | 84 | |||
a.v | Trawls or Danish seines with mesh size ≥120 mm | 103 | 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 | |
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 | 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 | 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 | 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 | 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 | |
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 | ||
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 | ||
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. | 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. | 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 | 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 | 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 | |
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 | 276 | 276 | ||
a.v | 8.1.(d) | [X1Trawls or Danish seines with mesh size ≥ 120 mm] track records represent less than 5 % of cod, sole and plaice | Unl. | 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 | 138 | 115 | |
[X2b.i | Beam trawls with mesh size ≥ 80 and < 90 mm | n.r. | 132 b | Unl. | 132 | 143 b | ||
b.ii | Beam trawls with mesh size ≥ 90 and < 100 mm | n.r. | 143 b | Unl. | 143 | 143 b | ||
b.iii | Beam trawls with mesh size ≥ 100 and < 120 mm | n.r. | 143 | Unl. | 143 | 143 | ||
b.iv | Beam trawls with mesh size ≥ 120 mm | n.r. | 143 | 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. | 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. | 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. | 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. | 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. | 155 | 155] | |
c.i | Gillnets and entangling nets with mesh sizes < 110 mm | 140 | 140 | 140 | 140 | |||
c.ii | Gillnets and entangling nets with mesh sizes ≥110 mm and < 150 mm | 140 | 140 | 140 | 140 | |||
c.iii | Gillnets and entangling nets with mesh sizes ≥ 150 mm and < 220 mm | 140 | 130 | 140 | 140 | |||
c.iv | Gillnets and entangling nets with mesh sizes ≥ 220 mm | 140 | 140 | 140 | 140 | |||
d | Trammel nets | 140 | 140 | 140 | 140 | |||
[X1c.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 | 140 | 140 | |
e | Long-lines | 173 | 173 | 173 | 173 |
n.r. means ‘non relevant’
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.
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.
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.
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.
no more than the number of days available under point 17.2 and
no more than the number of days that would be allocated in accordance with table I if that gear was used in isolation.
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;
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.
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.
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.
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 (3) , 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.]
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:
entry into, and exit from port;
each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.
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.
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.
Table II | |||||||||||||||||||||
Reporting format | |||||||||||||||||||||
Country | CFR | External marking | Length of management period | Area fished | Gear(s) notified | Special condition applying to notified gear(s) | Days eligible using notified gear(s) | Days spent with notified gear(s) | Transfers of days | ||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | ||||||
(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 | |||
a Relevant information for transmission of data by fixed-length formatting. | |||
Name of field | Maximum number of characters/digits | AlignmentaL(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’ |
A copy of the special permits referred to in point 12.1 of this Annex shall be kept on board the fishing vessel.
A copy of the special permits referred to in point 12.1. of this Annex shall be kept on board the fishing vessel.
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:
Trawls, Danish seines and similar gears of mesh size equal to or larger than 32 mm;
Gill-nets of mesh size equal to or larger than 60 mm;
Bottom long-lines.
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.
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.
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;
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.
Any additional number of days resulting from permanent cessation of activity previously allocated by the Commission remains allocated in 2007.
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 | DenominationOnly 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 |
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.
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.
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.
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.]
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:
entry into, and exit from port;
each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.
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.
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.
Table II | |||||||||||||||||||||
Reporting format | |||||||||||||||||||||
Country | CFR | External marking | Length of management period | Area fished | Gear(s) notified | Special condition applying to notified gear(s) | Days eligible using notified gear(s) | Days spent with notified gear(s) | Transfer of days | ||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | ||||||
(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 | |||
a Relevant information for transmission of data by fixed-length formatting. | |||
Name of field | Maximum number of characters/digits | AlignmentaL(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’ |
FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS ICES ZONE VIIe
such vessels catch less than 300 kg live weight of sole in 2007, and
such vessels shall not tranship any fish at sea to another vessel, and
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.
For the purposes of this Annex, the following groupings of fishing gears shall apply:
Beam trawls of mesh size equal to or greater than 80 mm;
Static nets including gill-nets, trammel-nets and tangle-nets with mesh size less than 220 mm.
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.
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.
Any additional number of days resulting from permanent cessation of activity previously allocated by the Commission remains allocated in 2007.
Maximum number of days a vessel may be present within the area by fishing gear per year
Gearpoint 3 | DenominationOnly the groupings of fishing gear referred to in point 3 are used | Western Channel |
---|---|---|
3.a. | Beam trawls of mesh size ≥ 80 mm | 192 |
3.b. | Static nets with mesh size < 220 mm | 192 |
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, as a preliminary they shall notify the Commission before such transfers take place of 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.
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 defined in point 1 with any of the groupings of fishing gear referred to in point 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 that time. Such vessels shall not carry any fishing gear or fish on board during that time.
A vessel shall be 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.
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.]
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:
entry into, and exit from port;
each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.
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.
Member States may implement alternative control measures to ensure compliance with the obligations referred to in point 16 which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.
The master of a Community vessel or his representative wishing to tranship any quantity retained on board or to land in a port or landing location of a third-country shall inform the competent authorities of the flag Member State at least 24 hours prior to transhipping or to landing in a third-country the information referred to in Article 19b of Regulation (EEC) No 2847/93.
By way of derogation from Article 5(2) of Regulation (EEC) No 2807/83, the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 16 shall be 8 % of the logbook figure. Where no conversion factors are laid down in Community legislation, the conversion factors adopted by the Member states whose flag the vessel is flying shall apply.
When quantities of sole greater than 50 kg are stowed on board a vessel, it shall be prohibited to retain on board a fishing vessel in any container any quantity of Sole mixed with any other species of marine organism. The masters of Community vessels shall give inspectors of Member States such assistance as will enable the quantities declared in the logbook and the catches of sole retained on board to be cross checked.
By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50 kg of any species in fisheries referred to in Article 7 of this Regulation which are transported to a place other than that of landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of Regulation (EEC) No 2847/93 pertaining to the quantities of these species transported. The exemption provided for in Article 13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.
By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for any of the stocks in fisheries referred to in Article 7 may last more than two years from their date of entry into force.
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.
Reporting format
Country | CFR | External marking | Length of management period | Area fished | Gear(s) notified | Special condition applying to notified gear(s) | Days eligible using notified gear(s) | Days spent with notified gear(s) | Transfer of days | ||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | ||||||
(1) | (2) | (3) | (4) | (5) | (6) | (6) | (6) | (6) | (7) | (7) | (7) | (7) | (8) | (8) | (8) | (8) | (9) | (9) | (9) | (9) | (10) |
Data format
a Relevant information for transmission of data by fixed-length formatting. | |||
Name of field | Maximum number of characters/digits | AlignmentaL(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 IIC. |
(6) gear(s) notified | 5 | L | Indication of gear grouping notified in accordance with point 3 to Annex IIC (a or b) |
(7) Special condition applying to notified gear(s) | 2 | L | Non relevant information in the case of Annex IIC. |
(8) Days eligible using notified gear(s) | 3 | L | Number of days for which the vessel is eligible under Annex IIC for the choice of gear groupings 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 grouping gear notified during the notified management period according to Annex IIC. |
(10) Transfers of days | 4 | L | For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’ |
FISHING OPPORTUNITIES AND FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN ICES ZONES IIIA AND IV AND IN EC WATERS OF ICES ZONE IIA
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;
any continuous period of 24 hours as recorded in the Community logbook between the date and time of departure and the date and time of arrival or any part of any such time period.
the name and internal registration number of the vessel;
the installed engine power of the vessel in kilowatts measured in accordance with Article 5 of Regulation (EEC) No 2930/86;
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;
the kilowatt-days as the product of the number of days present within the area and the installed engine power in kilowatts.
the total kilowatt-days for each year as the sum of the kilowatt-days calculated in point 3(d);
the average kilowatt-days for the period 2002 to 2006.
where ICES and the STECF estimates the size of the 2006 year class of North Sea sandeel to be equal to or smaller than 150 000 million individuals at age 1, fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited for the remainder of 2007. However, a limited fishery may be allowed in order to monitor the sandeel stocks in ICES zones IIIa and IV and the effects of the closure. To this end the Member States concerned shall, in cooperation with the Commission, develop a plan for the monitoring of this limited fishery;
where ICES and the STEFC estimates the size of the 2006 year class of North Sea sandeel to be greater than 150 000 million at age 1, the TAC (in 1 000 t) shall be established according to the following function:
TAC2007 = - 597 + (4,073*N1)
where N1 means the real-time estimate of age group 1 in billions and the TAC is in 1 000 t;
notwithstanding point 7(b), the TAC shall not exceed 400 000 tonnes;
The Commission Regulation on the revision of the TAC and quotas for sandeel in ICES zone IIIa and in EC waters of ICES zones IIa and IV following the scientific advice referred to in the points (a) and (b) shall be applicable as from the date of publication of a notice by the Commission in the Official Journal of the European Union setting out the required revision.
OJ L 222, 17.8.2001, p. 53. Regulation as amended by Regulation (EC) No 1581/2004 (OJ L 289, 10.9.2004, p. 6).
The Whole Regulation you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: