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

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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CHAPTER VFISHING AUTHORISATIONS OF THIRD-COUNTRY FISHING VESSELS

Article 22Obligation to have a fishing authorisation

1.Fishing vessels of less than 200 GT flying the flag of Norway shall be exempt from the obligation to have a fishing authorisation, as set out in Article 18 of Regulation (EC) No 1006/2008, when they engage in fishing activities in Community waters.

2.The fishing authorisation issued to third-country fishing vessel engaging in fishing activities in Community waters shall be kept on board. However, fishing vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.

Article 23Application for a fishing authorisation

Without prejudice to Article 19(2) of Regulation (EC) No 1006/2008, an application to the Commission for a fishing authorisation from an authority of a third-country shall contain the following information:

(a)

the name of the vessel;

(b)

the registration number;

(c)

external identification letters and numbers;

(d)

the port of registration;

(e)

the name and address of the owner or charterer;

(f)

the gross tonnage and overall length;

(g)

the engine power;

(h)

the call sign and radio frequency;

(i)

the intended method of fishing;

(j)

the intended area of fishing;

(k)

the species for which it is intended to fish;

(l)

the period for which an authorisation is applied for.

Article 24Number of fishing authorisations

The maximum number of fishing authorisations and other associated conditions for third-country vessels fishing in Community waters shall be laid down in Part II of Annex IV.

Article 25Cancellation

Without prejudice to Chapter III of Regulation (EC) No 1006/2008, fishing authorisations may be cancelled with a view to the issue of new fishing authorisations. Such cancellations shall take effect on the day preceding the date of issue of the fishing authorisations by the Commission. New fishing authorisations shall take effect from their date of issue.

Article 26Obligations of the holder of the fishing authorisation

1.In addition to complying with any data transmission requirement laid down in accordance with Article 23(1) of Regulation (EC) No 1006/2008, third-country fishing vessels shall keep a logbook in which the information set out in Part I of Annex V shall be entered.

2.When transmitting information in accordance with Article 23 of Regulation (EC) No 1006/2008, third-country fishing vessels shall transmit the information set out in Annex VI to the Commission, in accordance with the rules laid down in that Annex.

3.Paragraph 2 shall not apply to vessels flying the flag of Norway fishing in ICES zone IIIa.

Article 27Specific provisions concerning the Department of French Guyana

1.In addition to the conditions set out in Chapter III of Regulation (EC) No 1006/2008, the granting of fishing authorisations to fish in the waters of the Department of French Guyana shall be subject to an undertaking by the owner of the third-country fishing vessel concerned to permit an observer to come on board at the Commission's request.

2.In addition to complying with any data transmission requirement laid down in accordance with Article 23 of Regulation (EC) No 1006/2008, third-country fishing vessels fishing in the waters of the Department of French Guyana shall keep a logbook corresponding to the model appearing in Part II of Annex V. Catch data shall be sent to the Commission upon request, via the French authorities.

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