- Latest available (Revised)
- Point in Time (31/01/2020)
- Original (As adopted by EU)
Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 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
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Point in time view as at 31/01/2020.
There are currently no known outstanding effects for the Council Regulation (EC) No 43/2009, ANNEX II.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
For the purposes of this Annex:
‘effort group’ means a management unit of a Member State for which a maximum allowable fishing effort is set. It is defined by a gear grouping as defined in point 4 and an area as defined in point 3;
‘2009 management period’ means the period from 1 February 2009 to 31 January 2010;
‘regulated gear’ means a gear referred to in point 4;
‘unregulated gear’ means a gear not referred to in point 4.
For the purposes of this Annex the following geographical areas shall apply:
Kattegat;
Skagerrak,
that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, ICES zone IV, and EC waters of ICES zone IIa,
ICES zone VIId;
ICES zone VIIa;
ICES zone VIa and EC waters of ICES zone Vb.
For the purpose of this Annex, the following groupings of fishing gears shall apply (regulated gears):
Bottom trawls, Danish seines and similar towed gear, excluding beam trawls, of mesh size:
equal to or larger than 100 mm;
equal to or larger than 70 mm and less than 100 mm;
equal to or larger than 16 mm and less than 32 mm;
Beam trawls of mesh size:
equal to or larger than 120 mm;
equal to or larger than 80 mm and less than 120 mm;
Gill nets and entangling nets, excluding trammel nets ([X1GN]);
Editorial Information
X1 Substituted by Corrigendum to Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 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 (Official Journal of the European Union L 22 of 26 January 2009).
Trammel nets ([X1GT]);
Longlines ([X1LL]).
Fishing effort shall be calculated as the product of the capacity and the activity of a fishing vessel. The fishing effort deployed by a group of vessels in an area shall be calculated as the sum of the products of kilowatt-values for each vessel and the number of days that each vessel has been present in the area.
The capacity of a vessel shall be measured in kilowatt and shall be the engine power of the vessel in accordance with Article 5 of Regulation (EC) No 2930/86, a value to which must be identical the value that the Member State the flag of which the vessel is flying has notified to the Community fishing fleet register.
The activity of a vessel shall be measured in days present within a geographical area referred to in point 3. A day present within an area shall be calculated as any continuous period of 24 hours (or part thereof) during which a vessel is present within any geographical area defined in point 3 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned, provided that the Member State determines the start of the period in a consistent manner for each grouping of gears during a management period. In case that the vessel is present in the same area within a period of 24 hours for several times, the presence shall count as one day only.
the vessel carries on board a gear that is included in the gear grouping of the effort group and
the vessel is present in the area of the effort group.
Member States shall record in electronic form the fishing effort allocated and fishing effort deployed by effort groups.
Area: see point 3 | Regulated gear: see point 4 | BE | DK | DE | FR | IE | NL | SE | UK |
---|---|---|---|---|---|---|---|---|---|
(b) | TR1 | 498 | 6 911 144 | 2 226 533 | 2 553 909 | 261 | 405 985 | [F1286 779] | 10 295 134 |
TR2 | 318 363 | 6 061 661 | 600 089 | 11 117 483 | 18 801 | 1 062 247 | [F1830 400] | 8 165 956 | |
TR3 | 0 | 3 920 732 | 3 501 | 107 041 | 0 | 15 886 | [F1263 772] | 5 824 | |
BT1 | 1 368 632 | 1 316 589 | 29 822 | 0 | 0 | 1 365 348 | [F10] | 1 739 759 | |
BT2 | 6 468 447 | 106 658 | 1 893 044 | 829 504 | 0 | 33 633 978 | [F10] | 5 970 903 | |
[X1GN] | 126 850 | 1 962 340 | 227 773 | 222 598 | 0 | 147 373 | [F180 781] | 549 863 | |
[X1GT] | 0 | 198 783 | 516 | 2 374 073 | 0 | 0 | [F153 078] | 11 027 | |
[X1LL] | 0 | 44 283 | 0 | 71 448 | 0 | 0 | [F1110 468] | 97 687 |
Area: see point 3 | Regulated gear: see point 4 | BE | DE | ES | FR | IE | UK |
---|---|---|---|---|---|---|---|
(d) | TR1 | 0 | 25 075 | [F10] | 3 398 102 | 310 005 | 2 398 481 |
TR2 | 442 | 0 | [F10] | 5 881 | 481 938 | 3 899 614 | |
TR3 | 0 | 0 | [F10] | 0 | 21 327 | 29 844 | |
BT1 | 0 | 0 | [F10] | 506 | 0 | 117 544 | |
BT2 | 10 361 | 0 | [F10] | 11 692 | 3 914 | 0 | |
[X1GN] | 0 | 35 531 | [F113 836] | 96 903 | 6 400 | 162 857 | |
[X1GT] | 0 | 0 | [F10] | 0 | 1 946 | 145 | |
[X1LL] | 0 | 0 | [F11 402 142] | 54 917 | 1 013 | 532 228 |
Country | Gear | Area | Year | Month | Cumulative declaration |
---|---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) | (6) |
a relevant information for transmission of data by fixed-length formatting. | |||
Name of field | Maximum number of characters/digits | AlignmentaL(eft)/R(ight) | Definition and Comments |
---|---|---|---|
(1)Country | 3 | — | Member State (Alpha-3 ISO code) in which vessel is registered |
(2)Gear | 3 | — | one of the following gear types TR1 TR2 TR3 BT1 BT2 [X1GN] [X1GT] [X1LL] |
(3)Area | 8 | L | one of the following areas 03AS 02A0407D 07A 06A |
(4)Year | 4 | — | The year of the month for which the declaration is done |
(5)Month | 2 | — | Month for which the fishing effort declaration is done (expressed by two digits between 01 and 12) |
(6)Cumulative declaration | 13 | R | cumulative amount of fishing effort expressed in kilowatt days from the 1 of January of the year (4) until the end of the month (5) |
The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres, carrying on board towed and static gears defined in point 3 and present in zones VIIIc and IXa excluding the Gulf of Cadiz. For the purposes of this Annex, a reference to the 2009 management period means the period from 1 February 2009 to 31 January 2010.
For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the geographical area defined in point 1 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.
For the purpose of this Annex, the following grouping of fishing gears shall apply:
trawls, Danish seines and similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm and bottom long-lines.
Each Member State shall ensure that, when carrying on board any gear belonging to the grouping of fishing gear referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more than the number of days specified in point 7.
A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been present within the 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 the 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 the competent authorities.
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;
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.
This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for the grouping of fishing gears referred to in point 3 and special condition. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to table I, if the provisions of this point were not applied.
list of vessels authorised to fish by indicating their Community Fleet Register number (CFR) and their engine power,
track records of 2001, 2002 and 2003 for such vessels reflecting the catch composition defined in special conditions 7.2(a) or (b), if these vessels are qualified for such special conditions,
the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 7.3.
On the basis of that description, the Commission may authorise that Member State to benefit from the provisions defined in point 7.3.
In case that a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 2. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area that do not coincide with the end of a 24-hour period.
The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. 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.
lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power,
the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of fishing gears and if necessary special condition.
Observers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.
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 | Bottom trawls of mesh size ≥ 32 mm, gill-nets of mesh size ≥ 60 mm and bottom long-lines | 175 | |
3 | 7.2(a) and 7.2(b) | Bottom trawls of mesh size ≥ 32 mm, gill-nets of mesh size ≥ 60 mm and bottom long-lines | Unlimited |
Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided the same provisions as laid down in points 4.2, 4.3, 6 and 12 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, the fishing effort and, where applicable, the fishing quotas relating thereto.
Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the area defined in point 1 with any gear belonging to the grouping of fishing gear referred to in point 3.
A vessel wishing to combine the use of one or more of the fishing gear belonging to the grouping of fishing gears referred to in point 3 (regulated gears) with any other grouping of fishing gear not referred to in point 3 (unregulated gears) will not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given, none of the fishing gear belonging to the grouping of fishing gear referred to in point 3 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity with the unregulated gears.
A vessel is allowed to transit across the area provided that it has no fishing permit to operate in the area or it has first notified its authorities of its intention to do so. While that vessel is within the area any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.
Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board gears belonging to the grouping of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from these hailing requirements set out in Article 19(c) of Regulation (EEC) No 2847/93.
Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Regulation (EC) No 2244/2003 are recorded in a computer-readable form:
entry into, and exit from port;
each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.
Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.
Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed within the area for towed gears and static gears and effort deployed by vessels using different types of gear in the area concerned by this Annex.
Reporting format
Country | CFR | External marking | Length of management period | Area fished | Special condition applying to notified gear(s) | Days eligible using notified gear(s) | Days spent with notified gear(s) | Transfer of days | |||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | ||||||
(1) | (2) | (3) | (4) | (5) | (6) | (6) | (6) | (6) | (7) | (7) | (7) | (7) | (8) | (8) | (8) | (8) | (9) |
Data format
a relevant information for transmission of data by fixed-length formatting. | |||
Name of field | Maximum number of characters/digits | AlignmentaL(eft)/R(ight) | Definition and Comments |
---|---|---|---|
(1)Country | 3 | n/r | Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. In the case of the donor Vessel, it is always the reporting country. |
(2)CFR | 12 | n/r | Community Fleet Register number Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side. |
(3)External marking | 14 | L | Under Commission Regulation (EEC) No 1381/87. |
(4)Length of management period | 2 | L | Length of the management period measured in months. |
(5)Area fished | 1 | L | Non relevant information in the case of Annex IIB. |
(6)Special condition applying to notified gear(s) | 2 | L | Indication of which, if any, of the special condition a-b referred to in point 7.2 of Annex IIB that apply. |
(7)Days eligible using notified gear(s) | 3 | L | Number of days for which the vessel is eligible under Annex IIB for the choice of gears and length of management period notified. |
(8)Days spent with notified gear(s) | 3 | L | Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period according to Annex IIB. |
(9)Transfers of days | 4 | L | For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’. |
such vessels catch less than 300 kg live weight of sole during the 2009 management period; and
such vessels shall not tranship any fish at sea to another vessel; and
each Member State concerned makes a report to the Commission by 31 July 2009 and 31 January 2010 on these vessels' track records for sole in 2004 and catches of sole in 2009.
When either of these conditions is not met, the concerned vessels shall with immediate effect no longer be exempted from the provisions of this Annex.
For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within zone VIIe and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.
For the purposes of this Annex, the following groupings of fishing gears shall apply:
Beam trawls of mesh size equal to or greater than 80 mm;
Static nets including gill-nets, trammel-nets and tangle-nets with mesh size less than 220 mm.
Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more than the number of days set out in point 7.
A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been present within the 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 the 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 the competent authorities.
For a specific grouping of fishing gears, the overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific grouping. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if the provisions of this point were not applied.
list of vessels authorised to fish by indicating their Community Fleet Register number (CFR) and their engine power,
the number of days at sea for which each vessel would had initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 7.3.
On the basis of that description, the Commission may authorise that Member State to benefit from the provisions defined in point 7.3.
In case that a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 2. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area that do not coincide with the end of a 24-hour period.
The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. 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 4.2 or when the withdrawal has already been used in previous years to obtain additional days at sea.
lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power,
the fishing activity deployed by such vessels in 2003 calculated in days at sea by concerned grouping of fishing gears.
Observers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.
Maximum number of days a vessel may be present within the area by fishing gear per year
Gearpoint 3 | DenominationOnly the gear groupings as defined in point 3 are used | Western Channel |
---|---|---|
3.a. | Beam trawls of mesh size ≥ 80 mm | 192 |
3.b. | Static nets with mesh size < 220 mm | 192 |
Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided the same provisions as laid down in points 4.2, 4.4, 6 and 11 apply. Where Member States decide to authorise such a transfer, as a preliminary 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 fishing quotas relating thereto, as agreed between them.
Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the area defined in point 1 with any of the groupings of fishing gear referred to in point 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 that time. Such vessels shall not carry any fishing gear or fish on board during that time.
A vessel shall be allowed to transit across the area provided that it has no fishing permit to operate in the area or it has first notified its authorities of its intention to do so. While that vessel is within the area any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.
Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from these hailing requirements set out in Article 19(c) of Regulation (EEC) No 2847/93.
Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Regulation (EC) No 2244/2003 are recorded in a computer-readable form:
entry into, and exit from port;
each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.
Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.
Member States may implement alternative control measures to ensure compliance with the obligations referred to in point 16 which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.
The master of a Community vessel or his representative wishing to tranship any quantity retained on board or to land in a port or landing location of a third country shall inform the competent authorities of the flag Member State at least 24 hours prior to transhipping or to landing in a third country the information referred to in Article 19b of Regulation (EEC) No 2847/93.
By way of derogation from Article 5(2) of Regulation (EEC) No 2807/83, the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 16 shall be 8 % of the logbook figure. Where no conversion factors are laid down in Community legislation, the conversion factors adopted by the Member states whose flag the vessel is flying shall apply.
When quantities of sole greater than 50 kg are stowed on board a vessel, it shall be prohibited to retain on board a fishing vessel in any container any quantity of Sole mixed with any other species of marine organism. The masters of Community vessels shall give inspectors of Member States such assistance as will enable the quantities declared in the logbook and the catches of sole retained on board to be cross checked.
Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed within the area for towed gears and static gears and effort deployed by vessels using different types of gear in the area concerned by this Annex.
Reporting format
Country | CFR | External marking | Length of management period | Area fished | Gear(s) notified | Special condition applying to notified gear(s) | Days eligible using notified gear(s) | Days spent with notified gear(s) | Transfer of days | ||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | ||||||
(1) | (2) | (3) | (4) | (5) | (6) | (6) | (6) | (6) | (7) | (7) | (7) | (7) | (8) | (8) | (8) | (8) | (9) | (9) | (9) | (9) | (10) |
Data format
a relevant information for transmission of data by fixed-length formatting. | |||
Name of field | Maximum number of characters/digits | AlignmentaL(eft)/R(ight) | Definition and Comments |
---|---|---|---|
(1)Country | 3 | n/r | Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. In the case of the donor Vessel, it is always the reporting country. |
(2)CFR | 12 | n/r | Community Fleet Register number Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side. |
(3)External marking | 14 | L | Under Commission Regulation (EEC) No 1381/87. |
(4)Length of management period | 2 | L | Length of the management period measured in months. |
(5)Area fished | 1 | L | Non relevant information in the case of Annex IIC. |
(6)gear(s) notified | 5 | L | Indication of gear grouping notified in accordance with point 3 to Annex IIC (a or b). |
(7)Special condition applying to notified gear(s) | 2 | L | Non relevant information in the case of Annex IIC. |
(8)Days eligible using notified gear(s) | 3 | L | Number of days for which the vessel is eligible under Annex IIC for the choice of gear groupings and length of management period notified. |
(9)Days spent with notified gear(s) | 3 | L | Number of days the vessel actually spent present within the area and using a gear corresponding to grouping gear notified during the notified management period according to Annex IIC. |
(10)Transfers of days | 4 | L | For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’. |
the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period or;
any continuous period of 24 hours as recorded in the Community logbook between the date and time of departure and the date and time of arrival or any part of any such time period.
the name and internal registration number of the vessel;
the installed engine power of the vessel in kilowatts measured in accordance with Article 5 of Regulation (EEC) No 2930/86;
the number of days present within the area when fishing with demersal trawl, seine or similar towed gear with a mesh size of less than 16 mm;
the kilowatt-days as the product of the number of days present within the area and the installed engine power in kilowatts.
The total ceiling of fishing effort allowed in the exploratory fishery relating to sandeel abundance in 2009 shall be determined on the basis of the total fishing effort deployed by Community vessels in 2007 established in accordance with point 4 and shall be divided among Member States in accordance with the quota allocations for this TAC.
The TAC for EC waters of ICES zones IIa and IV shall be established according to the following function:
N1 is the real-time estimate of age group 1 in billions derived from the exploratory fishery in 2009; the TAC is expressed in 1,0 tonnes; Wobs is the observed mean weight of age group 1 during the exploratory fishery; and Wm (3.8 g) is the long-term mean weight of age group 1.
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