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 IIB U.K.

NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS U.K.

7. Maximum number of days U.K.

7.1. For the purposes of fixing the maximum number of days a fishing vessel may be present within the area, the following special conditions shall apply in accordance with Table I: U.K.

(a)

The total landings of hake in the years 2001, 2002 and 2003 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, shall represent less than 5 tonnes according to the landings in live weight consigned in the Community logbook, and;

(b)

The total landings of Norway lobster in the years 2001, 2002 and 2003 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, shall represent less than 2,5 tonnes according to the landings in live weight consigned in the Community logbook.

7.2. The maximum number of days per year for which a vessel may be present within the area having carried on board any one of the groupings of fishing gear referred to in point 3 is shown in Table I. U.K.

8. Management periods U.K.

8.1. A 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. U.K.

8.2. The number of days 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. U.K.

8.3. In 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 this time. Such vessels shall not carry any fishing gear or fish on board during that time. U.K.

9. Allocation of additional days for permanent cessation of fishing activities U.K.

[F1 9.1. An additional number of days on which a vessel may be present within the area when carrying on board any of the groupings of fishing gear referred to in point 3 may be allocated to Member States by the Commission on the basis of permanent cessation of fishing activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. Any vessels that can be shown to have been definitively withdrawn from the area may also be considered. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during the same year. The additional number of days shall be then calculated by multiplying the ratio so obtained by the number of days originally allocated. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. This point shall not apply where a vessel has been replaced in accordance with point 4.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.] U.K.

Textual Amendments

F1 Substituted by Council Regulation (EC) No 1533/2007 of 17 December 2007 amending Regulations (EC) No 2015/2006 and (EC) No 41/2007, as regards fishing opportunities and associated conditions for certain fish stocks.

9.1.a. Member States may re-allocate the additional number of days to any vessel or group of vessels using the conversion mechanism foreseen in point 12. U.K.

9.2. Member States wishing to benefit from the allocations referred to in point 9.1. shall submit a request to the Commission with reports containing the details of the permanent cessation of fishing activities in question. U.K.

9.3. On 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. U.K.

Any additional number of days resulting from permanent cessation of activity previously allocated by the Commission remains allocated in 2007.

10. Allocation of additional days for enhanced observer coverage U.K.

10.1. Three 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 2007 and 31 January 2008 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 1543/2000, Regulation (EC) No 1639/2001 and Regulation (EC) No 1581/2004 for the minimum and extended programme levels. U.K.

10.2. Member 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. U.K.

10.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 7.2 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. U.K.

11. Special conditions for the allocation of days U.K.

11.1. If a vessel has received an unlimited number of days resulting from compliance with the special conditions listed in points 7.1(a) and 7.1(b), the vessel's landings in 2007 shall not exceed 5 tonnes live weight of hake and 2,5 tonnes live weight of Norway lobster. U.K.

11.2. The vessel shall not tranship any fish at sea to another vessel. U.K.

11.3. When either of these conditions is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the allocation of days corresponding to the given special conditions. U.K.

Table I — Maximum number of days a vessel may be present within the area by fishing gear per year
Gear point 3	Special conditions point 7	DenominationOnly the gear groupings as defined in point 3 and the special conditions as defined in point 7 are used.	Maximum number of days
3.a		Bottom trawls of mesh size ≥32 mm	216
3.b.		Gill-nets of mesh size ≥60 mm	216
3.c		Bottom long-lines	216
3.a	7.1(a) and 7.1(b)	Bottom trawls of mesh size ≥32 mm	Unlimited
3.b	7.1(a)	Gill-nets of mesh size ≥60 mm	Unlimited
3.c	7.1(a)	Bottom long-lines	Unlimited