Council Regulation (EU) No 43/2012Show full title

ANNEX IIA FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF COD STOCKS IN THE KATTEGAT, ICES DIVISIONS VIa AND VIIa, AND EU WATERS OF ICES DIVISION Vb

1. Scope

1.1. This Annex shall apply to EU vessels carrying on board or deploying any of the gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and present in any of the geographical areas specified in point 2 of this Annex.

1.2. This Annex shall not apply to vessels of less than 10 metres' length overall. Those vessels shall not be required to carry fishing authorisations issued in accordance with Article 7 of Regulation (EC) No 1224/2009. Member States concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using appropriate sampling methods. During 2012, the Commission shall seek scientific advice for evaluating the effort deployment of those vessels, with a view to their future inclusion into the effort regime.

2. Regulated gears and geographical areas

For the purposes of this Annex, the gear groupings referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and the groupings of geographical areas referred to in points 2(a), 2(c) and 2(d) of that Annex shall apply.

3. Authorisations

If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it shall not issue an authorisation for fishing with a regulated gear in any of the geographical areas to which this Annex applies by any of vessels flying its flag which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in that area.

4. Maximum allowable fishing effort

4.1. The maximum allowable effort referred to in Article 12(1) of Regulation (EC) No 1342/2008 for the 2012 management period, i.e. from 1 February 2012 to 31 January 2013, for each of the effort groups of each Member State is set out in Appendix 1 to this Annex.

4.2. The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/2003(1) shall not affect the maximum allowable fishing effort set in this Annex.

5. Management

5.1. Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 4 and Articles 13 to 17 of Regulation (EC) No 1342/2008 and Articles 26 to 35 of Regulation (EC) No 1224/2009.

5.2. A Member State may establish management periods for allocating all or parts of the maximum allowable effort to individual vessels or groups of vessels. In such case, 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. During any such management periods, the Member State concerned may reallocate effort between individual vessels or groups of vessels.

5.3. If a Member State authorises vessels flying its flag to be present within an area by hours, it shall continue measuring the consumption of days in accordance with the conditions referred to in point 5.1. Upon request by the Commission, the Member State concerned shall demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a vessel terminating presences in the area before the end of a 24-hour period.

6. Fishing effort report

Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood, for the purpose of cod management, as each of the groupings of geographical areas referred to in point 2 of this Annex.

7. Communication of relevant data

Member States shall transmit to the Commission the data on fishing effort deployed by their fishing vessels in accordance with Articles 33 and 34 of Regulation (EC) No 1224/2009. These data shall be transmitted via the Fisheries Data Exchange System or any future data collection system implemented by the Commission.

Appendix 1 to Annex IIA

Maximum allowable fishing effort in kilowatt days

Geographical area:	Regulated gear	DK	DE	SE
(a) Kattegat	TR1	197 929	4 212	16 610
	TR2	830 041	5 240	327 506
	TR3	441 872	0	490
	BT1	0	0	0
	BT2	0	0	0
	GN	115 456	26 534	13 102
	GT	22 645	0	22 060
	LL	1 100	0	25 339

Geographical area	Regulated gear	BE	FR	IE	NL	UK
(c) ICES division VIIa	TR1	0	48 193	33 539	0	339 592
	TR2	10 166	744	475 649	0	1 088 238
	TR3	0	0	1 422	0	0
	BT1	0	0	0	0	0
	BT2	843 782	0	514 584	200 000	111 693
	GN	0	471	18 255	0	5 970
	GT	0	0	0	0	158
	LL	0	0	0	0	70 614

Geographical area	Regulated gear	BE	DE	ES	FR	IE	UK
(d) ICES division VIa and EU waters of ICES division Vb	TR1	0	9 320	0	1 324 002	428 820	1 033 273
	TR2	0	0	0	34 926	14 371	2 972 845
	TR3	0	0	0	0	273	16 027
	BT1	0	0	0	0	0	117 544
	BT2	0	0	0	0	3 801	4 626
	GN	0	35 442	13 836	302 917	5 697	213 454
	GT	0	0	0	0	1 953	145
	LL	0	0	1 402 142	225 861	4 250	630 040

(1)

Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources (OJ L 289, 7.11.2003, p. 1).