Council Regulation (EU) No 44/2012Show full title

ANNEX IIA Fishing effort for vessels in the context of the management of certain cod, plaice and sole stocks in the Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat, ICES subarea IV, EU waters of ICES division IIa and ICES division VIId

1. Scope

1.1. This Annex shall apply to EU vessels carrying on board or deploying any of the gears specified 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 that 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 specified in point 1 of Annex I to Regulation (EC) No 1342/2008 (‘regulated gear’) and the groupings of geographical areas referred to in point 2(b) 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 may introduce a prohibition to fish 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 and in Article 9(2) of Regulation (EC) No 676/2007 for the 2012 management period, 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 9 of Regulation (EC) No 676/2007, 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 may reallocate effort between individual vessels or groups of vessels.

5.3. If a Member State authorises vessels 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 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 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. Those 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: Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat; ICES subarea IV and EU waters of ICES division IIa; ICES division VIId

Regulated gear	BE	DK	DE	ES	FR	IE	NL	SE	UK
TR1	895	3 385 928	954 390	1 409	1 505 354	157	257 266	172 064	6 185 460
TR2	193 676	2 841 906	357 193	0	6 496 811	10 976	748 027	604 071	5 127 906
TR3	0	2 545 009	257	0	101 316	0	36 617	1 024	8 482
BT1	1 427 574	1 157 265	29 271	0	0	0	999 808	0	1 739 759
BT2	5 401 395	79 212	1 375 400	0	1 202 818	0	28 307 876	0	6 116 437
GN	163 531	2 307 977	224 484	0	342 579	0	438 664	74 925	546 303
GT	0	224 124	467	0	4 338 315	0	0	48 968	14 004
LL	0	56 312	0	245	125 141	0	0	110 468	134 880

(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).