{
  "url": "https://openlegislation.uk/eu-regulation-2005-27/annex-IVb/division-2/division-6",
  "json_url": "https://openlegislation.uk/eu-regulation-2005-27/annex-IVb/division-2/division-6.json",
  "legislation": "eur/2005/27",
  "legislation_title": "Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2005-27",
  "path": "annex/IVb/division/2/division/6",
  "kind": "division",
  "number": "6",
  "heading": null,
  "text": "(a) The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I.\nTable I — Maximum days present within the area and absent from port by fishing gear\nArea defined in point:\nGrouping of fishing gears referred to in point:\n4a\n4b\n4c\n4d\n4e\n4f\n2\nIberian Peninsula, Atlantic coast (ICES Divisions VIIIc and IXa)\n22\n22\n22\n22\n22\n22\n(b) A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months.\n(c) An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 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 2004 in accordance with Article 7 of Council Regulation (EC) No 2792/1999. Any vessels that can be shown to have been definitively withdrawn from the area specified in point 2 may also be considered. The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2003. Any part of a day resulting from this calculation shall be rounded to the nearest whole day.\nMember States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of permanent cessations of fishing activities in question.\nOn the basis of such a request the Commission may amend the number of days defined in point (a) for that Member State in accordance with the procedure laid down in Article 30 of Regulation (EC) No 2371/2002.\n(d) Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II.\nMember States wishing to apply this higher allocation of days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the higher allocation of days are to be granted.\nTable II — Derogations from days present within the area and absent from port in Table I and associated conditions\nAs verified by the EC logbook — average annual landing in live weight.\nThe vessel may be present within the area for the number of days in the month concerned.\nArea Defined in point 2\nGear defined in point 4\n2001, 2002 and 2003 vessel track record\nDays\n2\n4(a) to 4(f)\nLess than 5 tonnes of hake in all years\nno days restriction\nIf this higher allocation of days is given to a vessel, as a result of its low hake track record, that vessel's landing shall not in 2005 exceed 5 tonnes live weight of hake nor shall they tranship any fish at sea to another vessels. When either of these conditions are not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "As verified by the EC logbook — average annual landing in live weight."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "The vessel may be present within the area for the number of days in the month concerned."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2005/27/annex/IVb/division/2/division/6",
    "retrieved_at": "2026-11-01T14:54:58.558939+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}