Council Regulation (EC) No 27/2005Show full title

Fishing effort

5. Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 4, fishing vessels flying its flag and registered in the Community shall be present within the area and absent from port for no more than the number of days set out in point 6.

6.

(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.

A day spent absent from port and present within the area defined in point 2 of this Annex shall also count against the total number of days allowable for any of the areas defined in point 2 of Annex IVa for a vessel operating with the same gear categories.

Where a vessel crosses between two areas on a fishing trip the day shall be counted against the area in which the largest proportion of time was spent during that day.

Table I — Maximum days present within the area and absent from port by fishing gear
Area defined in point 2:	Grouping of fishing gears referred to in point:
	4a	4b
2. Western Channel (ICES Division VIIe).	20	20

(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.

(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 Regulation (EC) No 2792/1999. 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gear category will be directly proportional to the fishing effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2003.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.

Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details the permanent cessations of fishing activities in question.

On 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.

7. Before 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 2 with any of the gears referred to in point 4.

8.

(a)

In any given management period a vessel that has used the number of days present within the area and absent from port for which it is eligible shall remain in port or out of the area referred to in point 2 for the remainder of the management period unless using only unregulated gear as described in point 7.

(b)

In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, 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.

9.

(a)

A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port for which it is eligible to another of its vessels for the same management period and within the area provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel multiplied by 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.

(b)

The total number of days present within the area and absent from port transferred under point (a) 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 EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel.

(c)

The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping referred to in point 6(a) and during the same management period.

(d)

On request from the Commission, Member States shall provide reports on the transfers that have taken place.

10. A vessel with no track record of fishing in the area defined in point 2 shall be allowed to transit across the area provided that it has first notified its authorities of its intention to do so. While that vessel is within the area defined in point 2 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.

11. A Member State shall not permit fishing with a gear defined in point 4 in the area defined in point 2 by any of its vessels which have no record of such fishing activity in the years 2002, 2003 and 2004 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, 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.

12. A 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 absent from port but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been absent from port but unable to fish because it is transporting an injured crew member 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.