http://www.legislation.gov.uk/id/eur/2010/237

ANNEX IContent and format of the requests for exclusion

1.

Requests for exclusion shall contain a detailed description of the group of vessels and their activities or technical characteristics leading to cod catches of less than 1,5 % of their total catch as set out in Tables 1, 3 and 5.

2.

If the request concerns a group of vessels that fishes solely with regulated gear the technical attributes of which result in cod catches, including discards, of less than 1,5 % of the total catches of that group, it shall be accompanied by detailed information on the technical attributes of the gear and the available scientific evidence confirming its selectivity.

3.

If the request concerns a group of vessels that fishes in a certain part of a geographical area in which the use of the regulated gear leads to cod catches, including discards, of less than 1,5 % of the total catches of that group, due to the fact that this part of the geographical area is outside the cod distribution area, it shall contain the available evidence showing that the fishing activities of the vessels concerned are restricted to the area selected.

4.

The request shall be accompanied by a description of the monitoring procedures that will be applied to the group of vessels to be excluded from the application of the effort regime in order to gather the information needed for annual reporting. The request shall also refer to the system for controlling of the group of vessels. Detailed information is required where the Member State has to ensure that the group’s activity will be restricted to parts of a geographical area.

5.

Any other relevant information which may allow the STECF to assess whether the group of vessels concerned comply with the condition set out in Article 11(2) of Regulation (EC) No 1342/2008 may be provided by the Member State.

6.

The requests shall be sent to the Commission in Excel or equivalent format.

Table 1Group of vessels activities

CFR No	kW	Month	Regulated gear	Mesh size	Area	Subarea	Range of fishing depths operated in	Cod landings	Cod discards	Total catch	Effort
Country	(1)
Year	(2)
Effort group	(3)
(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)	(12)	(13)	(14)	(15)
							Total:

Table 2Data format for Table 1

Name of the field	Maximum number of characters/digits	AlignmentL(left)/R(right)	Definitions and comments
(1) Country	3	R	Member State submitting the request or report
(2) Year	4	L	The year for which the data is submitted, which must be one of the last two immediately preceding the year in which the Member State requests exclusion
(3) Effort group	8	R	Combination of gear groupings and geographical area groupings as listed in Annex I to Regulation (EC) No 1342/2008 to which the group of vessels belongs
(4) CFR No	12	R	Community Fleet Register number of the vessel
(5) kW	4	R	The capacity expressed in kW which shall be consistent with the CFR
(6) Month	2	L	For each month of the fishing season covered by the request
(7) Regulated gear	3	R	One of the following gear types: TR1 TR2 TR3 BT1 BT2 GN GT LL
(8) Mesh size	3	L	Mesh size shall correspond to the actual mesh used by the group of vessels
(9) Area	9	R	One of the following geographical areas as listed in Annex I to Regulation (EC) No 1342/2008: (a) (b)(i) (b)(ii) (b)(iii) (c) (d)
(10) Subarea	10	R	Where applicable: specify the subarea in which the fishing operations take place
(11) Range of fishing depths operated in	8	R	This column shall be completed only where point 3 of this Annex applies
(12) Cod landings	7	L	Landings of cod related to the activity or technical characteristics of the group of vessels for which exclusion is requested
(13) Cod discards	7	L	Amount of cod discards
(14) Total catch	7	L	Total catch (landings and discards) by weight of cod and all other fish, crustaceans and molluscs by the vessel
(15) Effort	7	L	Amount of fishing effort expressed in kW-days used to obtain the total catch (13)

Table 3Format of the request for exclusion when data from onboard schemes or other sampling programmes are used

1.Where discard data per vessel are not available, the request shall be accompanied by information gathered from onboard observer schemes or other sampling programmes. The data submitted shall be relevant to the group of vessels. In order to assess the proportion of cod in the catch during the activity of the group of vessels, Member States shall provide the following information:

Trip No	CFR No	Capacity			Gear	Mesh size	Area	Depth	Month	Target species	Catches of cod		Total catch	Effort used	Total effort	Sampling intensity
Trip No	CFR No	LOA	GT	kW	Gear	Mesh size	Area	Depth	Month	Target species	Landings	Discards	Total catch	Effort used	Total effort	Sampling intensity
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)	(12)	(13)	(14)	(15)	(16)	(17)

2.

The sampling intensity shall follow sampling plans established under the Community Data Collection Framework where the group of vessels is sampled as a métier under that framework. Where the group of vessels is not covered by the Community Data Collection Framework, the sampling strategy shall follow the method developed as part of the national programme established under that framework.

Table 4Data format for Table 3

Name of the field			Maximum number of characters/digits	AlignmentL(left)/R(right)	Definitions and comments
(1) Trip No			3	L	Consecutive numbering
(2) CFR No			12	R	Community Fleet Register number of the vessel
(3)	capacity	LOA	5	L	Capacity of individual vessel used for onboard schemes or sampling programmes. Shall be consistent with data in the CFR
(4)		GT	6	L
(5)		kW	6	L
(6) Gear			3	R	One of the following gear types: TR1 TR2 TR3 BT1 BT2 GN GT LL
(7) Mesh size			3	L	Mesh size shall correspond to the actual mesh used by the group of vessels
(8) Area			8	R	One of the following geographical areas: (a) (b)(i) (b)(ii) (b)(iii) (c) (d)
(9) Depth			5/5	L	Where applicable: specify depth or range of depths in which the fishing operations take place
(10) Month			2	L	The catch and the effort data shall be provided by vessel by month of the year and for the (three) most recent calendar years
(11) Target species			7	R	Alpha-3 code of the species as set out in Annex I to Council Regulation (EC) No 43/20092
(12) Landings of cod			5	L	Amount of cod landings
(13) Discards of cod			5	L	Amount of cod discards according to a sampling plan representative of the vessel group’s activity or technical characteristics. Discard data may refer to parts of the group of vessel
(14) Total catches			6	L	Catches (landings and discards) by weight of cod and all other fish, crustaceans and molluscs
(15) Effort used			7	L	Amount of fishing effort expressed in kW-days used to obtain the total catch (12)
(16) Total effort			7	L	Total effort of the group of vessels during the fishing season
(17) Sampling intensity			3	L	Ratio of the sampled effort to the effort deployed by the group of vessels during the fishing season
OJ L 22, 26.1.2009, p. 1.

Table 5Fishing effort associated with the activity of the group of vessels used during the reference period

CFR No	Geographical area	Gear	Gear(cod plan)	kW-days
CFR No	Geographical area	Gear	Gear(cod plan)	2004	2005	2006	2007
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
			Average:	(9)		(10)

Table 6Data format for Table 5

Name of the field	Maximum number of characters/digits	AlignmentL(left)/R(right)	Definitions and comments
(1) CFR No	12	R	Community Fleet Register number of the vessel
(2) Geographical area	8	R	One of the following areas: (a) (b)(i) (b)(ii) (b)(iii) (c) (d)
(3) Gear	5	R	As defined in Annex IIA to the Fishing Opportunities Regulations 2004-2007
(4) Gear (cod plan)	3	R	One of the following gear types: TR1 TR2 TR3 BT1 BT2 GN GT LL
(5), (6), (7) and (8)	9	L	Amount of effort in kW-days associated with the activity or technical characteristics of the group of vessels during the reference period. Only years 2004-2005 or 2006-2007 shall be filled in
(9) or (10)	9	L	Average effort in kW-days during the years 2004-2006 or 2005-2007

ANNEX IIList of vessels holding special fishing permits

Name of vessel(s)	CFR No	Excluded from fishing effort regime (N/Y)	kW	Gear(s)	Geographical area(s)	The effort group

The list shall be in Excel or equivalent format or the website concerned shall allow the data to be downloaded in Excel or equivalent format. The data in the list shall be consistent with the data in the Community Fishing Fleet Register. The description of the fishing gear and area shall be consistent with the gear grouping and geographical areas listed in Annex I to Regulation (EC) No 1342/2008.

ANNEX IIIContent and format of notification of maximum capacity

Table 1Lists of vessels used to establish maximum capacity

[year]	kW	Geographical area
CFR No	kW	a	b	c	d

Table 2Maximum capacity of the vessels in kW for each of the areas

[Date]	Geographical area
Capacity in kW	a	b	c	d
Initial
Adapted

1.When adapting the maximum capacity, the following formula shall be applied:

kW_mc = kW_{2006 or 2007} – kW₁ – kW₂ + kW₃

Where:

kW_mc: is the maximum capacity expressed in kW of the vessels allowed to holding special fishing permits in the geographical area.
kW_{2006 or 2007}: is the total capacity expressed in kW and established in accordance with Article 14(3) of Regulation (EC) No 1342/2008 for the year 2006 or 2007.
kW₁: is the total power of vessels that left the fleet with public aid after the date of entry into force of this Regulation.
kW₂: is the total power of vessels transferred from the geographical area in 2009.
kW₃: is the total power of vessels transferred to the geographical area in 2009.

2.

The list of vessels and maximum capacity table shall be sent to the Commission in Excel or equivalent format.

ANNEX IVNotification of a different correction factor

Standard correction factor	CPUE of donor effort group	CPUE of receiving effort group

The request shall also contain the information set out in Tables 4 and 5 of Annex V.

ANNEX VFormat and content of notifications

1.

Tables 1, 3, and 4 shall be sent to notify the Commission of adaption of the fishing effort, as referred to in Article 16(1) and (2) of Regulation (EC) No 1342/2008.

2.

Tables 4 and 5 shall be sent to notify the Commission of fishing effort transfers as referred to in Article 17 of Regulation (EC) No 1342/2008.

3.

The notifications shall be sent to the Commission in Excel or equivalent format.

Table 1Notification of fishing effort adaptation

Country	Legal basis	Effort group(s)	cpue	Amount of quota subject to exchange	Amount of effort subject to adaptation	Initial maximum allowable fishing effort	Adapted maximum allowable fishing effort
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

Table 2Data format for Table 1

Name of the field	Maximum number of characters/digits	Alignment L(left)/R(right)	Definitions and comments
(1) Country	3	R	The country submitting the notification
(2) Legal basis	8	R	Article: 16(1)(a) 16(1)(b) 16(2) of Regulation (EC) No 1342/2008
(3) Effort group(s)	10	R	Combination of gear grouping and geographical area grouping to which the group of vessels belongs, as listed in Annex I to Regulation (EC) No 1342/2008. Geographical area/gear
(4) cpue	5	L	Catch per unit of effort of the effort group concerned
(5) Amount of quota subject to exchange	7	L	Amount of quota subject to exchange or discontinuation of the exchange
(6) Amount of effort subject to adaptation	7	L	Effort in kW-days corresponding to the amount of quota recovered and calculated on the basis of the cpue of the effort group concerned
(7) Initial maximum allowable fishing effort	7	L	Maximum allowable fishing effort of the effort group concerned for the year of notification in accordance with the annual Council Regulation establishing the maximum allowable fishing effort
(8) Adapted maximum allowable fishing effort	7	L	The amount of the maximum allowable fishing effort after adaptation for the effort group concerned

Table 3Information on quota exchanges

Date of transfer	Country		Species	Geographical area		Amount
Date of transfer	from	to	Species	from	to	Amount

Table 4Notification of the cpue

[effort group]	[year1]	[year2]	[year3]	Average
Cod landings
Cod discards
Total kW-days
			CPUE3
Shall be calculated in accordance with the methodology set out in Article 9.

Table 5Notification of transfer of fishing effort

[Country]	Donor effort group	Receiving effort group
Effort group
Initial effort in kW-days
CPUE
Standard correction factor
Transferred effort in kW-days	–	+
Adapted maximum allowable fishing effort in kW-days

ANNEX IContent and format of the requests for exclusion

1.

2.

3.

4.

5.

6.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)