Council Regulation (EC) No 41/2006Show full title

NUMBER OF DAYS ABSENT FROM PORT ALLOCATED TO FISHING VESSELS

8. Maximum number of days

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

(a)

The vessel must comply with the conditions laid down in Appendix 1.

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

The vessel must comply with conditions laid down in Appendix 2.

(k)

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

(l)

The vessel must comply with conditions laid down in Appendix 3.

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

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

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

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

9. Management periods

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

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

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

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

10.1. An additional number of days on which a vessel may be present within the area when carrying on board any of the gears referred to in point 4.1. may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2002. The effort expended in 2002 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during 2002. The additional number of days shall be then calculated by multiplying the ratio so obtained by the number of days originally allocated. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. This point shall not apply where a vessel has been replaced in accordance with point 5.2 or when the withdrawal has already been used in previous years to obtain additional days at sea.

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

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

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

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

11. Allocation of additional days for enhanced observer coverage

11.1. Three additional days on which a vessel may be present within the area when carrying onboard any of the groupings of fishing gear referred to in point 4.1. may be allocated between 1 February 2007 and 31 January 2008 to Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Council Regulation (EC) No 1543/2000(1), Commission Regulation (EC) No 1639/2001(2) and Commission Regulation (EC) No 1581/2004 for the minimum and extended programme level.

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

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

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

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

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

12. Special conditions for the allocation of days

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

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

13.

Table I
Maximum days a vessel may be present in 2007 within an area by fishing gear
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)	Trawls 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
b.i		Beam trawls with mesh size ≥80 and < 90 mm	n.r.	132b	Unl.		132	143b
b.ii		Beam trawls with mesh size ≥90 and < 100 mm	n.r.	143b	Unl.		143	143b
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 ≥100and < 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 ≥ 120mm 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
c.iii	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’

(1)

OJ L 176, 15.7.2000, p. 1

(2)

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).