Division 5a.5

Where the cod quota of a Member State has been utilised up to a level of 90 % at any time before 15 November 2009, it shall be obligatory for all vessels of that Member State referred to in point 5a.1 using gears with a mesh size of 80 mm or greater, with the exception of vessels using Danish seines to use for the remainder of the year the fishing gear described in Appendix 4 to this Annex or any other gear the technical attributes of which result in similar catch rates of cod, as confirmed by STECF, or, for vessels targeting Norway lobster, a sorting grid as described in Appendix 3 to this Annex or any other gear with a proven equivalent escapement capability.