Council Regulation (EC) No 40/2008Show full title

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

5. Vessels concerned by fishing effort limitations

5.1. Vessels using gear types identified in point 4.1 and fishing in areas defined in point 2 shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

5.2. A Member State shall not permit fishing with a gear belonging to a grouping of fishing gears 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, 2006 or 2007 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 geographical area in question.

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

5.4. By way of derogation from point 5.3, a vessel may be authorised to use gears belonging to groupings from points 4.1.(a)(iv) and 4.1.(a)(v) provided the special condition laid down in 8.3.(c) is met.

5.5. 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 gears 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 in accordance with point 15 of this Annex.

6. Limitations in activity

Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears 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

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.