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

Article 7 Additional allocation for vessels participating in trials on fully documented fisheries

1. For certain stocks, a Member State may grant an additional allocation to vessels flying its flag participating in trials on fully documented fisheries. Those stocks are identified in Annex I. The additional allocation shall not exceed an overall limit set out in Annex I as a percentage of the quota allocated to that Member State.

2. The additional allocation referred to in paragraph 1 may be granted only in accordance with the following conditions:

(a) the vessel makes use of close circuit television cameras (CCTV) associated to a system of sensors to record all fishing and processing activities on board the vessels;

(b) the amount of the additional allocation granted to an individual vessel that participates in trials on fully documented fisheries shall be no more than 75 % of the discards estimated for the type of vessel to which it belongs, and in any case shall not represent more than a 30 % increase of the vessel's basic allocation; and

(c) all catches of the relevant stock subject to the additional allocation by that vessel shall be counted against its total allocation.

Notwithstanding point (b), a Member State may exceptionally grant to vessel flying its flag additional allocation that corresponds to more than 75 % of the estimated discards for the type of vessel to which the vessel concerned belongs, provided that:

(i)

the estimated discards for the type of vessel are less than 10 %;

(ii)

it can be demonstrated that the inclusion of that type of vessel is important to evaluate the potential of the CCTV system for control purposes; and

(iii)

an overall limit of 75 % of the estimated discards is not exceeded for all vessels participating in the trials.

To the extent that the recordings obtained in accordance with point (a) involve the processing of personal data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.

3. Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in paragraph 2, it shall immediately withdraw the additional allocation granted to that vessel and exclude it from participation in those trials for the remainder of the year 2012.

4. Prior to granting the additional allocation referred to in paragraph 1, a Member State shall submit to the Commission the following information:

(a) the list of vessels flying its flag participating in trials on fully documented fisheries;

(b) the specifications of the remote electronic monitoring equipment installed on board those vessels;

(c) the capacity, type and specification of gears used by those vessels;

(d) the estimated discards for each type of vessel participating in the trials; and

(e) the amount of catches of the stock subject to the relevant TAC made in 2011 by the vessels participating in the trials.

5. The Commission may request that the assessment of the estimated discards for the type of vessel referred to in point (b) of paragraph 2, be submitted to a scientific advisory body for review. In the absence of a confirming assessment, the Member State concerned shall inform the Commission, in writing, of the measures taken to ensure that the relevant vessels comply with the estimated discards condition established in point (b) of paragraph 2.