Council Regulation (EC) No 40/2008Show full title

NUMBER OF DAYS ABSENT FROM PORT ALLOCATED TO FISHING VESSELS U.K.

8. Maximum number of days U.K.

8.1. During the 2008 management period, the maximum number of days at sea for which a Member State may authorize a vessel flying its flag to 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. U.K.

8.2. When fishing in the Kattegat, a day present in the area during the period between 1 February 2008 and 30 April 2008 shall be counted as 2.5 days. U.K.

8.3. For the purpose of fixing the maximum number of days at sea a fishing vessel may be authorized by its flag Member State to be present within any one of the geographical areas defined in point 2.1 of this Annex, the following special conditions shall apply during the 2008 management period in accordance with Table I. U.K.

(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 catches retained on board evaluated in live weight and consigned in the Community logbook shall consist of less than 5 % of cod and of more than 70 % of Norway lobster.

(c)

Catches retained on board shall consist of less than 5 % of cod.

(d)

Catches retained on board shall consist of less than 5 % of cod, sole and plaice.

(e)

Catches retained on board shall consist of less than 5 % of cod and more than 60 % of plaice.

(f)

Catches retained on board shall consist of less than 5 % of cod and more than 5 % of turbot and lumpsucker.

(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 of, 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. If a system of automatic suspension that has been approved by the Commission in the past continues to apply without changes, the Member State has only to notify the Commission on the continuation of the approved system of automatic suspension of fishing licences.

(i)

The vessel must have been present in the area in the year 2003, 2004, 2005, 2006 or 2007 and equipped with fishing gear belonging to groupings referred to in point 4.1(b) In 2008 catches retained on board during each trip, evaluated in live weight and consigned in the Community logbook shall consist of less than 5 % of cod. 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)

Catches retained on board shall consist of less than 5 % of cod and more than 60 % of plaice 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°30′W in the months of May to October inclusive.

(l)

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

8.4. To be qualified to fish in any of the geographical areas defined in point 2.1 according to special conditions in point 8.3.(c), (d), (e), (f) or (k), the vessel, or the vessel or vessels it has replaced using similar gears and qualifying for any of such special conditions in accordance with Community law, shall have track records indicating that catches retained on board evaluated in live weight and consigned in the Community logbook, complied during 2002 with conditions on catch compositions as laid down in such special conditions and for such specific geographical area. U.K.

Alternatively, the vessel shall comply during each trip of the 2008 management period with the catch composition as laid down in the relevant special condition and shall be involved in an observer's plan submitted by its flag Member State to the Commission for approval in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

Observers shall be independent of the owner of the vessel and shall not be a member of the fishing vessel crew.

8.5. During the 2008 management period a Member State may manage its fishing effort allocations according to a kilowatt days system. By that system it may authorise any vessel concerned for any one of the combination of groupings of fishing gears and special conditions laid down in Table 1 to be present within any one of the geographical areas defined in point 2.1 of this Annex for a maximum number of days which is different from that set out in that Table provided that the overall amounts of kilowatt days corresponding to such a combination is respected. U.K.

For a specific combination of geographical areas, groupings of fishing gears and special condition, the overall amounts of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific combination. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if the provisions of this point were not applied.

8.6. The re-allocation of fishing days referred to in point 8.5. shall be made with a view to a more efficient use of fishing opportunities or in order to stimulate fishing practices that lead to reduced discards and lower fishing mortality of both juvenile and adult fish. These practices may take the form of fishing plans designed in collaboration with the fishing industry including, as appropriate: U.K.

(a)

a specific target to reduce cod discards to below 10 % of cod catch;

(b)

real-time closures for juveniles and for spawners;

(c)

Cod avoidance measures;

(d)

trying out new selective devices;

(e)

adequate monitoring by observers and

(f)

arrangements for follow-up and reporting.

8.7. A Member State wishing to benefit from the provisions laid down in point 8.5 shall submit a request to the Commission with reports in electronic format containing for each combination of geographical areas, groupings of fishing gears and special conditions as laid down in Table I the details of the calculation based on U.K.

(a)

list of vessels authorized to fish by indicating their Community Fleet Register number (CFR) and their engine power;

(b)

track records of 2002 for such vessels reflecting the catch composition defined in special conditions in point 8.3(c), (d), (e), (f) or (k), if these vessels are qualified for such special conditions and if they are not involved in observers plans as foreseen in point 8.4;

(c)

the number of days at sea [X1 for which each vessel would have initially] been authorized to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 8.5.

Editorial Information

X1 Substituted by Corrigendum to Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 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 (Official Journal of the European Union L 19 of 23 January 2008).

On the basis of that description, the Commission may authorize that Member State to benefit from the provisions defined in point 8.5.

8.8. During the 2008 management period, the maximum number of days at sea for which a vessel may be authorized by its flag Member State to 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. U.K.

8.9. 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 this Annex and point 3 of Annex IIC. U.K.

8.10. 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. U.K.

9. Management periods U.K.

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. U.K.

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. U.K.

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 19. U.K.

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

10.1. An additional number of days at sea on which a vessel may be authorized by its flag Member State to be present within any one of the geographical areas defined in point 2.1 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, either in accordance with Article 7 of Regulation (EC) No 2792/1999(1) or resulting from other circumstances duly motivated by Member States. U.K.

The effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant geographical area shall be divided by the effort expended by all vessels using that gear during 2001.

The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. 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 wishing to benefit from the allocations referred to in point 10.1 shall submit a request to the Commission with reports in electronic format containing for each combination of geographical areas, groupings of fishing gears and special conditions as laid down in Table I the details of the calculation based on: U.K.

(a)

lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power;

(b)

the fishing activity deployed by such vessels in 2001 calculated in days at sea by concerned combination of geographical area, grouping of fishing gears and if necessary special condition.

10.3. On the basis of such a request the Commission may amend the number of days defined in point 8.1 for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002. U.K.

10.4. During the 2008 management period, a Member State may re-allocate those additional numbers of days at sea to all the vessels remaining in fleet and qualified for the relevant combination of geographical areas, groupings of fishing gears and special conditions or to part of them by applying, mutatis mutandis, the provisions laid down in points 8.5 and 8.7. U.K.

10.5. Any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission remains allocated in 2008. U.K.

11. Amendment of the number of days at sea in case of inconsistencies in the fishing opportunities on plaice and sole in geographical area 2.1(b) U.K.

11.1 The number of days at sea on which a vessel may be authorized by its flag Member State to be present within the geographical area laid down in point 2.1(b) targeting plaice and sole with any of the following combinations of groupings of fishing gears and special conditions, may be amended by the Commission in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002, when such an amendment is necessary for the Member State to be able to catch its quota: U.K.

• 4.1(a)(iv)/none;

• 4.1(b)(i)/none;

• 4.1(b)(iii)/none;

• 4.1(b)(iv)/none;

• [X1 4.1(d)/8.3(g)].

11.2 Member States wishing to benefit from an amendment as laid down in point 11.1 shall submit a request to the Commission including reports in electronic format containing the state on 31 July 2008 of their quota consumption of plaice and sole and the fishing effort deployed by vessels flying their flag. U.K.

12. Allocation of additional days for enhanced observer coverage U.K.

12.1. 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 2008 and 31 January 2009 to Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership between scientists and the fishing industry. U.K.

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 Regulation (EC) No 1543/2000(2), Regulation (EC) No 1639/2001(3) and Regulation (EC) No 1581/2004(4) for the minimum and extended programme level.

Observers shall be independent of the owner of the vessel and shall not be a member of the fishing vessel crew.

12.2. Member States wishing to benefit from the allocations referred to in point 12.1 shall submit a description of their enhanced observer coverage programme to the Commission. U.K.

12.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 8.1 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. U.K.

12.4. If such a programme submitted by a Member Stated has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of its enhanced observer coverage programme four weeks before the beginning of the period for which the programme applies. U.K.

12.5. 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(a)(iv) and 4.1(a)(v) may be allocated between 1 February 2008 and 31 January 2009 to Member States by the Commission on the basis of an Enhanced Data Pilot Project U.K.

12.6. 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(a)(iv) and 4.1(a)(v) may be allocated between 1 February 2008 and 31 January 2009 to Member States by the Commission on the basis of an Enhanced Data Pilot Project. U.K.

12.7. Member States wishing to benefit from the allocations referred to in points 12.5 and 12.6 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 in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002. U.K.

12.8. If such an Enhanced Data Pilot Project submitted by a Member State has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of its enhanced observer coverage programme four weeks before the beginning of the period for which the programme applies. U.K.

12.9. During the 2008 management period, the Commission may authorize a Member State after consultation with STECF, in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002, to allocate up to twelve additional days at sea to vessels flying its flag and present within any of the geographical areas defined in point 2 when carrying on board any of the groupings of fishing gears referred to in point 4.1, only if owners of these vessels sign up to a discard reduction plan. U.K.

The plan shall focus in particular on levels of discarding of Cod or other species with similar discard problems such as plaice and sole, for which either a management plan or a recovery plan is adopted, and shall include:

(a)

measures designed to encourage the avoidance of juvenile and spawning fish of the fish species concerned;

(b)

the trialling and implementation of technical measures to improve selectivity for those species;

(c)

increased rates of observation of the fleet concerned;

(d)

arrangements for regular provision of data to the Commission and for monitoring annually the outcomes delivered by the plan.

12.10. Member States wishing to benefit from the allocations referred to in point 12.9 shall submit a description of their discard reduction plan to the Commission and the list of fishing vessels flying their flag which will be involved in such a plan. U.K.

12.11. During the 2008 management period, where owners of these vessels participate in the cod avoidance reference fleet programme laid down in point 12.13, following authorisation by the Commission a Member State may allocate: U.K.

(a)

12 additional days at sea to vessels flying its flag and present within the area laid down in point 2.1(b) when carrying on board any of the groupings of fishing gears referred to in point 4.1; or

(b)

10 additional days at sea to vessels flying its flag and present within the area laid down in point 2.1(d) when carrying on board any of the groupings of fishing gears referred to in point 4.1.

Vessels participating in a cod avoidance reference fleet programme shall meet a specific target to reduce cod discards to below 10 % of cod catches. A cod avoidance reference fleet programme shall be subject to observation at a rate of at least 10 %.

12.12. The days at sea allocations referred to in point 12.11 may be allocated in addition to the allocations referred to in point 12.9. U.K.

12.13. Member States wishing to benefit from the allocations referred to in point 12.11 shall submit a description of their cod avoidance reference fleet programme to the Commission and a list of vessels flying their flag which will be involved in such a programme. The number of vessels participating in the cod avoidance reference fleet programme shall be such that their accumulated capacity expressed in kW does not exceed 10 % of the cumulated capacity in kW of all the vessels belonging to the same gear category. U.K.

12.14. On the basis of the description and the list referred to in point 12.13, and after consultation with the STECF, the Commission may in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002 authorise Member States to apply the provisions set out in point 12.11. U.K.

13. Special conditions for the allocation of days U.K.

13.1. The special fishing permit referred to in point 5.1 for any vessel benefiting of any special conditions listed in point 8.3 shall identify such conditions. U.K.

13.2. If a number of days is allocated to a vessel resulting from compliance with any of the special conditions listed in points 8.3(b), (c), (d), (e), (f), (k) or (i), 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. U.K.

14.

Table I
Maximum days a vessel may be present in 2008 within an area by fishing gear
a Only the denominations in points 4.1 and 8.3 are used.
b Application of Title V of Regulation (EC) No 850/98 where restrictions exist.
c For Member States whose quotas are less than 5 % of the Community share of the TACs of both plaice and sole, the number of days at sea shall be 205.
			Areas as defined in point:
Gear Point 4.1	Special condition Point 8	Denominationa	2.1.aKattegat	2.1.b(i) — Skaggerak[X1 (ii) — part of ICES zone IIIa not covered by Skagerrak and Kattegat; ICES zone IV and EC waters of ICES zone IIa](iii) — VIId			2.1.cVIIa	2.1.dVIa
				(i)	(ii)	(iii)
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.	184	199	184	204
a.iii		Trawls or Danish seines with mesh size ≥ 90 and < 100 mm	71	86	188		227	227
a.iv		Trawls or Danish seines with mesh size ≥ 100 and < 120 mm	103	86			86	69
a.v		Trawls or Danish seines with mesh size ≥ 120 mm	103	86			114	70
a.iii	8.3(a)	Trawls or Danish seines with mesh size ≥ 90 and < 100 mm with a 120 mm square mesh window (Appendix 1)	126	126	227		227	227
a.iv	8.3(a)	Trawls or Danish seines with mesh size ≥ 100 and < 120 mm with a 120 mm square mesh window (Appendix 1)	137	137	103		114	91
a.v	8.3(a)	Trawls or Danish seines with mesh size ≥ 120 mm with a 120 mm square mesh window (Appendix 1)	137	137	103		114	91
a.v.	8.3(j)	Trawls or Danish seines with mesh size ≥ 120 mm with a 140 mm square mesh window (Appendix 2)	149	149	115		126	103
a.ii	8.3(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	8.3(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	8.3(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	8.3(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	8.3(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	8.3(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	8.3(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	8.3(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	8.3(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	8.3(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	8.3(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	8.3(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	8.3(h) 8.3(j)	Trawls or Danish seines with mesh size >120 mm with a 140 mm square mesh window (Appendix 2) 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.	119b		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.	129		Unl.	143	143
b.iv		Beam trawls with mesh size ≥ 120 mm	n.r.	129		Unl.	143	143
b.iii	8.3(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	8.3(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	8.3(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	8.3(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	8.3(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	126			140	140
c.iii		Gillnets and entangling nets with mesh sizes ≥ 150 mm and < 220 mm	140	117			115	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	8.3(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	8.3(g)	Trammel nets with mesh size < 110 mm. The vessel shall be absent from the port no more than 24 h.	140	140	185c		140	140
e		Long-lines	173	173			173	173

n.r. means ‘non relevant’

(1)

Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10). Regulation as repealed by Regulation (EC) No 1198/2006 (OJ L 223, 15.8.2006, p. 1)).

(2)

Council Regulation (EC) No 1543/2000 of 29 June 2000 establishing a Community framework for the collection and management of the data needed to conduct the common fisheries policy (OJ L 176, 15.7.2000, p. 1). Regulation as amended by Regulation (EC) No 1343/2007 (OJ L 300, 17.11.2007, p. 24).

(3)

Commission Regulation (EC) No 1639/2001 of 25 July 2001 establishing the minimum and extended Community programmes for the collection of data in the fisheries sector and laying down detailed rules for the application of Council Regulation (EC) No 1543/2000 (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).

(4)

Commission Regulation (EC) No 1581/2004 of 27 August 2004 amending Regulation (EC) No 1639/2001 establishing the minimum and extended Community programmes for the collection of data in the fisheries sector and laying down detailed rules for the application of Council Regulation (EC) No 1543/2000 (OJ L 289, 10.9.2004, p. 6)