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

EXCHANGES OF FISHING EFFORT ALLOCATIONS

15. Transfer of days between fishing vessels flying the flag of a member state

15.1. A Member State may permit any fishing vessel flying its flag to transfer days present within a geographical area referred to in point 2.1 for which it has been authorised 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.

15.2. The total number of days present within an area under point 15.1. 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, 2004 and 2005 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.

15.3. The transfer of days as described in point 15.1 shall only be permitted between vessels operating within the same transfer group as defined in point 4.2 and during the same management period. A Member State may allow a transfer of days when a licensed donor vessel has ceased its activity.

15.4. Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without the special conditions laid down in point 8.3.

By way of derogation from this point, vessels benefiting from the allocation of fishing days under the special condition referred to in point 8.3(h), when this condition is not combined with any other special condition as laid down in point 8.3, may transfer days.

15.5. On request from the Commission, Member States shall provide information on the transfers that have taken place. With the purpose of making this information available to the Commission, a detailed format of spreadsheet may be adopted, in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

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

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 5.2, 5.5, 7 and 15 apply. Where Member States decide to authorise such a transfer, they shall notify the Commission before such transfers take place the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the quotas relating thereto.