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

7. Allocation of additional days for permanent cessations of fishing activities

7.1. An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the area when carrying on board any of the gears specified in point 2 may be allocated to a Member State 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 23 of Regulation (EC) No 1198/2006 or Regulation (EC) No 744/2008. Permanent cessations resulting from any other circumstances may be considered by the Commission on a case-by-case basis, following a written and duly motivated request from the Member State concerned. Such written request shall identify the vessels concerned and confirm, for each of them, that they shall never return to fishing activities.

7.2. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using a given gear grouping shall be divided by the effort expended by all vessels using that gear grouping during 2003. 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 that calculation shall be rounded to the nearest whole day.

7.3. Points 7.1 and 7.2 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.

7.4. A Member State wishing to benefit from the allocations referred to in point 7.1 shall submit a request to the Commission, by 15 June 2012, with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on:

(a)

lists of withdrawn vessels with their EU fishing fleet register number (CFR) and their engine power;

(b)

the fishing activity deployed by such vessels in 2003 calculated in days at sea by grouping of fishing gears concerned.

7.5. On the basis of such a request by a Member State the Commission shall, by means of implementing acts, allocate that Member State a number of days additional to that referred to in point 5 for that Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

7.6. During the 2012 management period, a Member State may re-allocate those additional numbers of days at sea to all or parts of the vessels remaining in fleet and qualified for the relevant grouping of fishing gears.

7.7. A Member State may not re-allocate in the 2012 management period any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission, unless the Commission has taken a decision that reassesses those additional numbers of days on the basis of the current gear groupings and limitations in days at sea. Upon the Member State's request to reassess the number of days, the Member State is provisionally authorised to reallocate 50 % of the additional number of days, until the Commission takes its decision.