Council Regulation (EU) No 23/2010Show full title

ANNEX IIA FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF CERTAIN STOCKS IN ICES ZONES IIIa, IV, VIa, VIIa, VIId, AND EU WATERS OF ICES ZONES IIa AND Vb

1. Scope

1.1. This Annex shall apply to EU vessels carrying on board or deploying any of the gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and present in any of the geographical areas referred to in point 2 of that Annex.

1.2. This Annex shall not apply to vessels of less than 10 metres' length overall. These vessels shall not be required to carry special fishing permits issued in accordance with Article 7 of Regulation (EC) No 1627/94. Member States concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using appropriate sampling methods. During 2010, the Commission shall seek scientific advice for evaluating the effort deployment of those vessels, with a view to their future inclusion into the effort regime.

2. Regulated gears and geographical areas

For the purposes of this Annex, the regulated gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and geographical areas referred to in point 2 of that Annex shall apply.

3. Maximum allowable fishing effort

3.1. The maximum allowable effort referred to in Article 12(1) of Regulation (EC) No 1342/2008 and in Article 9(2) of Regulation (EC) No 676/2007 for the 2010 management period, from 1 February 2010 to 31 January 2011, for each of the effort groups of each Member State is set out in Appendix 1.

3.2. The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/2003 shall not affect the maximum allowable fishing effort set in this Annex.

4. Member States' obligations

4.1. Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 9 of Regulation (EC) No 676/2007, Articles 4 and 13 to 17 of Regulation (EC) No 1342/2008 and Articles 26 to 34 of Regulation (EC) No 1224/2009.

4.2. Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood, for the purpose of cod management, as each of the geographical areas referred to in point 2 and, for the purpose of sole and plaice management, as ICES zone IV.

5. Allocation of fishing effort

5.1. If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it shall not permit fishing with a regulated gear in any of the geographical areas to which this Annex applies by any of its vessels which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

5.2. A Member State may establish management periods for allocating all or parts of the maximum allowable effort to individual vessels or groups of vessels. In such case, the number of days or hours for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned. During any such management periods, the Member State may reallocate effort between individual vessels or groups of vessels.

5.3. If a Member State authorises vessels to be present within an area by hours, the Member State shall continue measuring the consumption of days in accordance with the conditions referred to in point 4. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a vessel terminating presences in the area before the end of a 24-hour period.

6. Communication of relevant data

6.1. Without prejudice to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States shall transmit to the Commission on its request the data on fishing effort deployed by their fishing vessels in the previous month and the months before, using the reporting format set out in Appendix 2.

6.2. The data shall be sent to the appropriate electronic mailbox address, which the Commission shall communicate to the Member States. When a data transfer to the Fisheries Data Exchange System (or any future data system decided by the Commission) will become operational, the Member State shall transmit the data to the system before the fifteenth of each month, referring to the effort deployed up to the end of the previous month. The Commission shall notify Member States the date at which the system shall be used for transmission at least two months in advance of the first due date. The first fishing effort declaration that will be sent to the system shall include the effort deployed since 1 February 2010. Member States shall transmit to the Commission on its request the data on fishing effort deployed by their fishing vessels during the month of January 2010.

Appendix 1 to annex IIA Maximum allowable fishing effort in kilowatt days

Geographical area:	Regulated gear	DK	DE	SE
(a) Kattegat	TR1	197 929	4 212	16 610
	TR2	1 475 629	9 316	582 233
	TR3	523 126	0	55 853
	BT1	0	0	0
	BT2	0	0	0
	GN	115 456	26 534	13 102
	GT	22 645	0	22 060
	LL	1 100	0	25 339

Geographical area	Regulated gear	BE	DK	DE	ES	FR	IE	NL	SE	UK
(b) Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EU waters of ICES zone IIa; ICES zone VIId	TR1	432	4 892 761	1 379 121	2 036	2 214 240	227	371 757	248 638	8 938 164
	TR2	279 868	4 106 634	516 154	0	9 638 858	15 861	1 080 920	872 900	7 409 969
	TR3	0	4 391 356	3 501	0	107 041	0	48 508	263 772	21 511
	BT1	1 427 574	1 157 265	29 271	0	0	0	999 808	0	1 739 759
	BT2	6 229 751	88 645	1 691 253	0	829 504	0	34 923 335	0	7 337 669
	GN	163 531	2 307 977	224 484	0	222 598	0	438 664	74 925	546 303
	GT	0	224 124	467	0	2 374 073	0	0	48 968	14 004
	LL	0	56 312	0	245	71 448	0	0	110 468	134 880

Geographical area	Regulated gear	BE	FR	IE	UK
(c) ICES zone VIIa	TR1	0	138 714	59 625	603 719
	TR2	17 409	552	845 598	1 934 646
	TR3	0	0	8 433	1 588
	BT1	0	0	0	0
	BT2	843 782	0	514 584	111 693
	GN	0	158	18 255	5 970
	GT	0	0	0	158
	LL	0	0	0	70 614

Geographical area	Regulated gear	DE	ES	FR	IE	UK
(d) ICES zone VIa and EU waters of ICES zone Vb	TR1	16 569	0	3 387 803	221 346	1 836 929
	TR2	0	0	7 415	479 043	2 972 845
	TR3	0	0	0	20 355	30 042
	BT1	0	0	7 161	0	117 544
	BT2	0	0	13 211	3 801	4 626
	GN	35 442	13 836	400 503	5 697	213 454
	GT	0	0	0	1 953	145
	LL	0	1 402 142	54 917	4 250	630 040

Appendix 2 to annex IIA

Table II

Reporting format

Country	Gear	Area	Year	Month	Cumulative declaration
(1)	(2)	(3)	(4)	(5)	(6)

Table III

Data format

a Information relevant for transmission of data by fixed-length formatting.
Name of field	Maximum number of characters/digits	AlignmentaL(eft)/R(ight)	Definition and comments
(1) Country	3	—	Member State (Alpha-3 ISO code) in which the vessel is registered
(2) Gear	3	—	one of the following gear types TR1 TR2 TR3 BT1 BT2 GN1 GT1 LL1
(3) Area	8	L	one of the following areas 03AS 02A0407D 07A 06A
(4) Year	4	—	the year of the month for which the declaration is done
(5) Month	2	—	month for which the fishing effort declaration is done (expressed by two digits between 01 and 12)
(6) Cumulative declaration	13	R	cumulative amount of fishing effort expressed in kilowatt days from 1 January of the year (4) until the end of the month (5)