Appendix ANNEX IIA FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS IN ICES ZONES IIIa, IV, VIa, VIIa, VIId AND EC WATERS OF ICES ZONE IIaF1

GENERAL PROVISIONS

1.

Scope

2.

Definitions of geographical areas

2.1.

For the purposes of this Annex the following geographical areas shall apply:

2.2.

For vessels notified to the Commission as being equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003, the following definition of ICES zone VIa shall apply:

3.

Definition of day present within an area

4.

Fishing gears

4.1.

For the purpose of this Annex, the following groupings of fishing gears shall apply:

4.2.

For the purposes of this Annex and referring to the geographical areas defined in point 2.1 and the groupings of fishing gears defined in point 4.1, the following transfer groups are defined:

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

5.

Vessels concerned by fishing effort limitations

5.1.

5.2.

5.3.

5.4.

5.5.

6.

Limitations in activity

7.

Exceptions

NUMBER OF DAYS ABSENT FROM PORT ALLOCATED TO FISHING VESSELS

8.

Maximum number of days

8.1.

8.2.

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.

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.

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.

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:

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

8.8.

8.9.

8.10.

9.

Management periods

9.1.

9.2.

9.3.

10.

Allocation of additional days for permanent cessation of fishing activities

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 or resulting from other circumstances duly motivated by Member States.

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:

10.3.

10.4.

10.5.

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)

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:

11.2

12.

Allocation of additional days for enhanced observer coverage

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.

12.2.

12.3.

12.4.

12.5.

12.6.

12.7.

12.8.

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.

12.10.

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:

12.12.

12.13.

12.14.

13.

Special conditions for the allocation of days

13.1.

13.2.

14.

EXCHANGES OF FISHING EFFORT ALLOCATIONS

15.

Transfer of days between fishing vessels flying the flag of a member state

15.1.

15.2.

The total number of days present within an area under point 15.1. multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record excluding transfers from other vessels in that area as verified by the Community logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel. When a donor vessel uses the area definition of West of Scotland as defined in point 2.2 its track record calculation will be based on this area definition.

15.3.

15.4.

Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without the special conditions laid down in point 8.3.

15.5.

16.

Transfer of days between fishing vessels flying the flag of different Member States

USE OF FISHING GEAR

17.

Notification of fishing gear

18.

Use of more than one grouping of fishing gear

18.1.

18.2.

Whenever the master of a vessel or his representative notifies the use of more than one fishing gear, the vessel may at any moment use one of the gears notified provided that the total number of days spent fishing with whichever gear since the beginning of the year is:

18.3.

18.4.

18.5.

The option to use more than one gear shall only be available if the following additional monitoring arrangements are met:

18.6.

19.

Combined use of regulated and unregulated fishing gear

20.

Prohibition of carrying on board more than one regulated fishing gear

20.1.

20.2.

NON-FISHING RELATED ACTIVITIES AND TRANSIT

21.

Non-fishing related activities

22.

Transit

MONITORING, INSPECTION AND SURVEILLANCE

23.

Fishing effort messages

VESSEL MONITORING SYSTEMS OBLIGATIONS

24.

Recording of relevant data

25.

Cross-checks

REPORTING OBLIGATIONS

26.

Collection of relevant data

27.

Communication of relevant data