CHAPTER IIIFISHING EFFORT LIMITATION

Article 14Member States’ obligations

1.

For the vessels flying its flag, each Member State shall decide on a method for allocating the maximum allowable fishing effort to individual vessels or a group of vessels, in the light of a number of criteria, including, for example:

(a)

promotion of good fishing practices, including data collection enhancement, discard reduction and minimisation of the impact on juvenile fish;

(b)

participation in cooperative programmes to avoid unnecessary by-catches of cod;

(c)

low impact on the environment, including fuel consumption and greenhouse gas emissions;

(d)

proportionality with respect to allocation of fishing opportunities in terms of fish quota.

2.

For each of the areas set out in Annex I to this Regulation, each Member State shall issue special fishing permits in accordance with Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits9 for vessels flying its flag which engage in fishing activities in that area and using a gear belonging to one of the gear groupings set out in Annex I to this Regulation.

3.

For each of the areas set out in Annex I, the total capacity expressed in kW of the vessels having special fishing permits issued in accordance with paragraph 2 shall not be greater than the maximum capacity of the vessels that have been active in 2006 or 2007 using a regulated gear and fishing in the geographical area concerned.

4.

Each Member State shall establish and maintain a list of vessels holding the special permit referred to in paragraph 2 and make it available on its official website to the Commission and other Member States.