Council Regulation(EC) No 41/2007 of 21 December 2006 fixing for 2007 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 (c. 41)

ANNEX II U.K.

ANNEX IIA U.K.

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS U.K.

5. Vessels concerned by fishing effort limitations U.K.

5.1. A Member State shall not permit fishing with a gear belonging to a grouping of fishing gear defined in point 4.1 in any geographical area defined in point 2.1 by any vessels flying its flag which have no record of such fishing activity in the years 2001, 2002, 2003, 2004, 2005 or 2006 in that area, excluding the record of fishing activities as a result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area in question. U.K.

However, a vessel with a track record of using a gear belonging to a grouping of fishing gear defined in point 4.1 may be authorized to use a 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.

5.2 A vessel flying the flag of a Member State having no quotas in a geographical area defined in point 2.1 shall not be permitted to fish in that area with a gear belonging to a grouping of fishing gear defined in point 4.1, unless the vessel is allocated a quota after a transfer in accordance with Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 15 of this Annex. U.K.

6. Limitations in activity U.K.

Each Member State shall ensure that, when carrying on board any of the groupings of fishing gear referred to in point 4.1, fishing vessels flying its flag and registered in the Community shall be present within a geographical area defined in point 2.1 for no more than the number of days set out in point 8.

7. Exceptions U.K.

A Member State shall not count against the days present within an area allocated to any of vessels flying its flag under this Annex either any days when the vessel was present within an 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 an 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 competent authorities.