Council Regulation (EC) No 51/2006Show full title

EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN AN AREA

14. Transfer of days between fishing vessels flying the flag of a Member State

14.1. According to provisions laid down in point 6, a Member State may permit any fishing vessels flying its flag to transfer days present within a area referred to in point 2 for which it is eligible to another vessel flying its flag 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.

14.2. The total number of days present within an area referred to in point 2 under point 14.1. 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 and 2004 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.

For the purposes of this point, the recipient vessel is deemed to use its own allocated days before any days transferred to it. Transferred days used by the recipient vessel are counted towards the track record of the donor vessel.

14.3. For the purposes of this Annex and referring to the areas defined in point 2 and the groupings of fishing gears defined in point 4, the following transfer groups are defined:

(a)

groupings of fishing gears 4.a.i within any area;

(b)

groupings of fishing gears 4.a.ii within any area and 4.a.iii in Area IV, Divisions IIa (EC waters) VIa, VIIa and VIId;

(c)

groupings of fishing gears 4.a.iii in Kattegat and Skagerak, 4.a.iv and 4.a.v within any area;

(d)

groupings of fishing gears 4.b.i, 4.b.ii, 4.b.iii, and 4.b.iv within any area;

(e)

groupings of fishing gears 4.c.i, 4.c.ii and 4.c.iii within any area;

(f)

grouping of fishing gears 4.d within any area;

(g)

grouping of fishing gears 4.e within any area.

14.4. The transfer of days as described in point 14.1. shall only be permitted between vessels operating within the same transfer group and during the same management period. A Member State may allow a transfer of days when a licensed donor vessel has temporarily ceased its activity without public aid.

14.5. No transfer of days from vessels benefiting from the allocation under conditions referred to in points 8.1. and 17 is permitted.

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

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

Different Member States may permit transfer of days present within an area for the same management period and within the same area between any fishing vessels flying their flags provided the same provisions as laid down in points 6.1, 6.2, 7 and 14 apply. Where Member States decide to authorise such a transfer, they shall notify the Commission before such transfers take place of the transfer expressed in number of days and in fishing effort and the quotas relating thereto.