Council Regulation (EC) No 43/2009Show full title

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

7. Maximum number of days U.K.

7.1. During the 2009 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board any gear belonging to the grouping of fishing gears referred to in point 3 is shown in Table I. U.K.

7.2. For the purposes of fixing the maximum number of days at sea a fishing vessel may be authorised by its flag Member State to be present within the area, the following special conditions shall apply during the 2009 management period 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.

7.3. During the 2009 management period, a Member State may manage its fishing effort allocations according to a kilowatt days system. By that system it may authorise any vessel concerned for any gear of the grouping of fishing gears and special conditions laid down in Table I to be present within the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to the grouping and special condition is respected. U.K.

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.

7.4. A Member State wishing to benefit from the provisions laid down in point 7.3 shall submit a request to the Commission with reports in electronic format containing for the grouping of fishing gears and special condition as laid down in Table I the details of the calculation based on: U.K.

• 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.

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 or hours 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.

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.

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.

9.1. An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the geographical area when carrying on board any gear belonging to the grouping of fishing gears referred to in point 3 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or in accordance with Article 23 of Regulation (EC) No 1198/2006 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 gears in question shall be divided by the effort expended by all vessels using those gears during 2003. U.K.

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.

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 in electronic format containing for the grouping of fishing gears and special condition as laid down in Table I the details of the calculation based on: U.K.

• 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.

9.3. On the basis of such a request the Commission may amend the number of days defined in point 7.1 for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002. U.K.

9.4. During the 2009 management period, a Member State may re-allocate those additional numbers of days at sea to all the vessels remaining in fleet and qualified for the gears belonging to the grouping of fishing gears and special condition or to part of them by applying, mutatis mutandis, the provisions laid down in points 7.3 and 7.4. U.K.

9.5. Any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission on the basis of previous definitions of groupings of fishing gears shall be reassessed on the basis of the grouping of fishing gears laid down in point 3. Any additional days so obtained shall remain allocated in 2009. U.K.

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 gear belonging to the grouping of fishing gears referred to in point 3 may be allocated between 1 February 2009 and 31 January 2010 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 Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy(1) and Commission Regulation (EC) No 665/2008 of 14 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 199/2008(2) for national programmes. U.K.

Observers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.

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 7.1 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.

10.4. If such a programme submitted by a Member Stated has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of its enhanced observer coverage programme four weeks before the beginning of the period for which the programme applies. 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 7.2(a) and 7.2(b), the vessel's landings in 2009 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		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

(1)

OJ L 60, 5.3.2008, p. 1.

(2)

OJ L 186, 15.7.2008, p. 3.