{
  "url": "https://openlegislation.uk/eu-regulation-2009-43/annex-II/annex-IIC",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-43/annex-II/annex-IIC.json",
  "legislation": "eur/2009/43",
  "legislation_title": "Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 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-2009-43",
  "path": "annex/II/annex/IIC",
  "kind": "appendix",
  "number": "ANNEX IIC",
  "heading": "FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS ICES ZONE VIIe",
  "text": "GENERAL PROVISIONS\n1.\nScope\n1.1.\nThe conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres carrying on board any of the gears defined in point 3, and present in zone VIIe. For the purposes of this Annex, a reference to the 2009 management period means the period from 1 February 2009 to 31 January 2010.\n1.2.\nVessels fishing with static nets with mesh size equal to or larger than 120 mm and with track records of less than 300 kg live weight of sole according to the EC logbook in 2004 shall be exempt from the provisions of this Annex on the conditions that:\n(a) such vessels catch less than 300 kg live weight of sole during the 2009 management period; and\n(b) such vessels shall not tranship any fish at sea to another vessel; and\n(c) each Member State concerned makes a report to the Commission by 31 July 2009 and 31 January 2010 on these vessels' track records for sole in 2004 and catches of sole in 2009.\nWhen either of these conditions is not met, the concerned vessels shall with immediate effect no longer be exempted from the provisions of this Annex.\n2.\nDefinition of day present with the area\nFor the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within zone VIIe and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.\n3.\nFishing gear\nFor the purposes of this Annex, the following groupings of fishing gears shall apply:\n(a) Beam trawls of mesh size equal to or greater than 80 mm;\n(b) Static nets including gill-nets, trammel-nets and tangle-nets with mesh size less than 220 mm.\nIMPLEMENTATION OF FISHING EFFORT LIMITATIONS\n4.\nVessels concerned by fishing effort limitations\n4.1.\nVessels using gear types identified in point 3 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.\n4.2.\nA Member State shall not permit fishing with a gear belonging to a grouping of fishing gears defined in point 3 in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005, 2006, 2007 or 2008 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.\n4.3.\nHowever, a vessel with a track record of using a gear belonging to a grouping of fishing gears defined in point 3 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.\n4.4.\nA 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 defined in point 3, unless the vessel is allocated a quota after a transfer as permitted according to the Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 11 or 12 of this Annex.\n5.\nLimitations in activity\nEach Member State shall ensure that, when carrying on board any of the groupings of fishing gears referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more than the number of days set out in point 7.\n6.\nExceptions\nA Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been present within the area but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been present within the area but unable to fish because it is transporting an injured person for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities.\nNUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS\n7.\nMaximum number of days\n7.1.\nDuring the 2009 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board and used any one of the fishing gears referred to in point 3 is shown in Table I.\n7.2.\nDuring the 2009 management period, the number of days at sea for which a vessel is present within the total area covered by this Annex and Annex IIA shall not exceed the number shown in Table I of this Annex. However, where the vessel is subject to allocations of maximum effort for its presence in areas covered by Annex IIA alone, it shall comply with the maximum effort thus fixed.\n7.3.\nDuring the 2009 management period, a Member State may manage its fishing effort allocation according to a kilowatt days system. By that system it may authorise any vessel concerned to be present within the area for a maximum number of days which is different from that set out in Table I for any one of the groupings of fishing gears laid down in that Table, provided that the overall amount of kilowatt days corresponding to such a grouping is respected.\nFor a specific grouping of fishing gears, the overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific grouping. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if the provisions of this point were not applied.\n7.4.\nA Member State wishing to benefit from the provisions laid down in point 7.3 shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on:\nlist of vessels authorised to fish by indicating their Community Fleet Register number (CFR) and their engine power,\nthe number of days at sea for which each vessel would had initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 7.3.\nOn the basis of that description, the Commission may authorise that Member State to benefit from the provisions defined in point 7.3.\n8.\nManagement periods\n8.1.\nA Member State may divide the days present within the area given in Table I into management periods of durations of one or more calendar months.\n8.2.\nThe 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.\nIn case that a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 2. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area that do not coincide with the end of a 24-hour period.\n8.3.\nIn any given management period a vessel that has used the number of days present within the area for which it is eligible shall remain in port or out of the area for the remainder of the management period unless it is using a gear for which no maximum number of days has been fixed.\n9.\nAllocation of additional days for permanent cessations of fishing activities\n9.1.\nAn additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the geographical area when carrying on board any of the gears referred to in point 3 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 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or in accordance with Article 23 of Regulation (EC) No 1198/2006 or resulting from other circumstances duly motivated by Member States. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question shall be divided by the effort expended by all vessels using that gear during 2003.\nThe additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be rounded to the nearest whole day.\nThis point shall not apply where a vessel has been replaced in accordance with point 4.2 or when the withdrawal has already been used in previous years to obtain additional days at sea.\n9.2.\nMember States wishing to benefit from the allocations referred to in point 9.1 shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on:\nlists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power,\nthe fishing activity deployed by such vessels in 2003 calculated in days at sea by concerned grouping of fishing gears.\n9.3.\nOn the basis of such a request the Commission may amend the number of days defined in point 7.2 for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.\n9.4.\nDuring the 2009 management period, a Member State may re-allocate those additional numbers of days at sea to all the vessels remaining in fleet and qualified for the relevant grouping of fishing gears or to part of them by applying, mutatis mutandis, the provisions laid down in points 7.3 and 7.4.\n9.5.\nAny additional number of days resulting from a permanent cessation of activity previously allocated by the Commission remains allocated in 2009.\n10.\nAllocation of additional days for enhanced observer coverage\n10.1.\nThree 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 3 may be allocated between 1 February 2009 and 31 January 2010 to Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 199/2008 and Regulation (EC) No 665/2008 for national programmes.\nObservers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.\n10.2.\nMember States wishing to benefit from the allocations referred to in point 10.1 shall submit a description of their enhanced observer coverage programme to the Commission for approval.\n10.3.\nOn the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 7.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.\n10.4.\nIf such a programme submitted by a Member Stated has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of its enhanced observer coverage programme four weeks before the beginning of the period for which the programme applies.\nTable I\nMaximum number of days a vessel may be present within the area by fishing gear per year\nGearpoint 3\nDenominationOnly the gear groupings as defined in point 3 are used\nWestern Channel\n3.a.\nBeam trawls of mesh size ≥ 80 mm\n192\n3.b.\nStatic nets with mesh size < 220 mm\n192\nEXCHANGES OF FISHING EFFORT ALLOCATIONS\n11.\nTransfer of days between fishing vessels flying the flag of a Member State\n11.1.\nA Member State may permit any of its fishing vessels flying its flag to transfer days present within the area for which it has been authorised to another of its vessels flying its flag within the area provided that the product of the days received by a vessel and its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register.\n11.2.\nThe total number of days present within the area, 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 in the 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.\n11.3.\nThe transfer of days as described in point 11.1 shall be permitted only between vessels operating within the same gear grouping referred to in point 3 and during the same management period.\n11.4.\nOn request from the Commission, Member States shall provide reports on the transfers that have taken place. A detailed format of spreadsheet for making these reports available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.\n12.\nTransfer of days between fishing vessels flying the flag of different Member States\nMember States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided the same provisions as laid down in points 4.2, 4.4, 6 and 11 apply. Where Member States decide to authorise such a transfer, as a preliminary they shall notify the Commission before such transfers take place, the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the fishing quotas relating thereto, as agreed between them.\nUSE OF FISHING GEAR\n13.\nNotification of fishing gear\nBefore the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the area defined in point 1 with any of the groupings of fishing gear referred to in point 3.\n14.\nNon-fishing related activities\nIn any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 7, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for that time. Such vessels shall not carry any fishing gear or fish on board during that time.\nTRANSIT\n15.\nTransit\nA vessel shall be allowed to transit across the area provided that it has no fishing permit to operate in the area or it has first notified its authorities of its intention to do so. While that vessel is within the area any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.\nMONITORING, INSPECTION AND SURVEILLANCE\n16.\nFishing effort messages\nArticles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from these hailing requirements set out in Article 19(c) of Regulation (EEC) No 2847/93.\n17.\nRecording of relevant data\nMember States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Regulation (EC) No 2244/2003 are recorded in a computer-readable form:\n(a) entry into, and exit from port;\n(b) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.\n18.\nCross-checks\nMember States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.\n19.\nAlternative control measures\nMember States may implement alternative control measures to ensure compliance with the obligations referred to in point 16 which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.\n20.\nPrior notification of transhipments and landings\nThe master of a Community vessel or his representative wishing to tranship any quantity retained on board or to land in a port or landing location of a third country shall inform the competent authorities of the flag Member State at least 24 hours prior to transhipping or to landing in a third country the information referred to in Article 19b of Regulation (EEC) No 2847/93.\n21.\nMargin of tolerance in the estimation of quantities reported in the logbook\nBy way of derogation from Article 5(2) of Regulation (EEC) No 2807/83, the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 16 shall be 8 % of the logbook figure. Where no conversion factors are laid down in Community legislation, the conversion factors adopted by the Member states whose flag the vessel is flying shall apply.\n22.\nSeparate stowage\nWhen quantities of sole greater than 50 kg are stowed on board a vessel, it shall be prohibited to retain on board a fishing vessel in any container any quantity of Sole mixed with any other species of marine organism. The masters of Community vessels shall give inspectors of Member States such assistance as will enable the quantities declared in the logbook and the catches of sole retained on board to be cross checked.\n23.\nWeighing\n23.1.\nThe competent authorities of a Member State shall ensure that any quantity of sole exceeding 300 kg caught in the area shall be weighed before sale. The scales used for the weighing shall be approved by the competent national authorities.\n23.2.\nThe competent authorities of a Member State may require that any quantity of sole exceeding 300 kg caught in the area and first landed in that Member State is weighed in the presence of controllers before being transported from the port of first landing.\nREPORTING OBLIGATIONS\n24.\nCollection of relevant data\nMember States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed within the area for towed gears and static gears and effort deployed by vessels using different types of gear in the area concerned by this Annex.\n25.\nCommunication of relevant data\n25.1.\nOn request of the Commission, Members States shall make available to the Commission a spreadsheet with the data referred to in point 24 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission.\n25.2.\nA new format of spreadsheet for the purpose of making the data referred to in point 26 available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.\nTable II\nReporting format\nCountry\nCFR\nExternal marking\nLength of management period\nArea fished\nGear(s) notified\nSpecial condition applying to notified gear(s)\nDays eligible using notified gear(s)\nDays spent with notified gear(s)\nTransfer of days\nNo1\nNo2\nNo3\n…\nNo1\nNo2\nNo3\n…\nNo1\nNo2\nNo3\n…\nNo1\nNo2\nNo3\n…\n(1)\n(2)\n(3)\n(4)\n(5)\n(6)\n(6)\n(6)\n(6)\n(7)\n(7)\n(7)\n(7)\n(8)\n(8)\n(8)\n(8)\n(9)\n(9)\n(9)\n(9)\n(10)\nTable III\nData format\nrelevant information for transmission of data by fixed-length formatting.\nName of field\nMaximum number of characters/digits\nAlignmentL(eft)/R(ight)\nDefinition and Comments\n(1)\nCountry\n3\nn/r\nMember State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002.\nIn the case of the donor Vessel, it is always the reporting country.\n(2)\nCFR\n12\nn/r\nCommunity Fleet Register number\nUnique identification number of a fishing vessel.\nMember State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side.\n(3)\nExternal marking\n14\nL\nUnder Commission Regulation (EEC) No 1381/87.\n(4)\nLength of management period\n2\nL\nLength of the management period measured in months.\n(5)\nArea fished\n1\nL\nNon relevant information in the case of Annex IIC.\n(6)\ngear(s) notified\n5\nL\nIndication of gear grouping notified in accordance with point 3 to Annex IIC (a or b).\n(7)\nSpecial condition applying to notified gear(s)\n2\nL\nNon relevant information in the case of Annex IIC.\n(8)\nDays eligible using notified gear(s)\n3\nL\nNumber of days for which the vessel is eligible under Annex IIC for the choice of gear groupings and length of management period notified.\n(9)\nDays spent with notified gear(s)\n3\nL\nNumber of days the vessel actually spent present within the area and using a gear corresponding to grouping gear notified during the notified management period according to Annex IIC.\n(10)\nTransfers of days\n4\nL\nFor days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "relevant information for transmission of data by fixed-length formatting."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/43/annex/II/annex/IIC",
    "retrieved_at": "2026-11-01T14:51:42.098169+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."
}