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 permits(1) 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.