IMPLEMENTATION OF FISHING EFFORT LIMITATIONS
4. Vessels concerned by fishing effort limitations
4.1.Vessels using gear types identified in point 2 and fishing in areas defined in point 1 shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.
4.2.A Member State shall not permit fishing with a gear belonging to a grouping of fishing gears referred to in point 2 in the area by any of its vessels which have no record of such fishing activity in the years 2002 to 2010 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.
4.3.However, a vessel with a track record of using a gear belonging to a grouping of fishing gears referred to in point 2 may be authorised to use a different fishing gear, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.
4.4.A vessel flying the flag of a Member State having no quotas in the area defined in point 1 shall not be permitted to fish in that area with a gear belonging to a grouping of fishing gear referred to in point 2, unless the vessel is allocated a quota after a transfer as permitted in accordance with the Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea in accordance with point 10 or 11 of this Annex.
5. Limitations in activity
Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears referred to in point 2, fishing vessels flying its flag and registered in the Union shall be present within the area for no more than the number of days set out in point 6.