# Council Regulation (EU) No 39/2013Show full title

Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for            certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements         

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U.K.

# Council Regulation (EU) No 39/2013                     

# of 21 January 2013

# fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which                        are not subject to international negotiations or agreements                     

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources                              under the Common Fisheries Policy(1) requires that measures governing access to waters and resources and the sustainable pursuit of fishing activities be established                              taking into account available scientific, technical and economic advice and, in particular, reports drawn up by the Scientific,                              Technical and Economic Committee for Fisheries (STECF), as well as in the light of any advice received from Regional Advisory                              Councils.

(2)It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain                              conditions functionally linked thereto, as appropriate. Fishing opportunities should be distributed among Member States in                              such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due                              regard to the objectives of the Common Fisheries Policy established in Regulation (EC) No 2371/2002.

(3)The total allowable catch (TACs) should be established on the basis of available scientific advice, taking into account biological                              and socio-economic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions                              expressed during the consultation of stakeholders, in particular at the meetings of the Regional Advisory Councils concerned.

(4)For stocks subject to specific multiannual plans, the TACs should be established in accordance with the rules laid down in                              those plans. Consequently, the TACs for stocks of Southern hake, of Norway lobster, of sole in the Western Channel, of herring                              to the west of Scotland and of cod in the Kattegat, to the west of Scotland and in the Irish Sea should be established in                              accordance with the rules laid down in: Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for                              the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula(2); Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the                              stock of sole in the Western Channel(3); Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed                              to the west of Scotland and the fisheries exploiting that stock(4); and Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries                              exploiting those stocks(5) (the "Cod Plan"). With regard, however, to the stocks of northern hake (Regulation (EC) No 811/2004(6) and sole in the Bay of Biscay (Regulation (EC) No 388/2006(7), the minimum targets of the relevant recovery and management plans have been reached and, therefore, it is appropriate to                              follow scientific advice provided in order to achieve or maintain the TACs at maximum sustainable yield levels, as the case                              may be.

(5)For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC                              levels should follow the precautionary approach to fisheries management as defined in point (i) of Article 3 of Regulation                              (EC) No 2371/2002, while taking into account stock-specific factors, including, in particular, available information on stock                              trends and mixed fisheries considerations.

(6)In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year                              management of TACs and quotas(8), the stocks that are subject to the various measures referred to therein should be identified.

(7)Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to empower that Member State in accordance                              with Article 2(1) of the Treaty to determine the level of such TAC. Provisions should be made to ensure that, when fixing                              that TAC level, the Member State concerned acts in a manner fully consistent with the principles and rules of the Common Fisheries                              Policy.

(8)For certain TACs Member States should be allowed to grant additional allocations for vessels participating in trials on fully                              documented fisheries. The aim of those trials is to test a catch-quota system, i.e. a system where all catches should be landed                              and counted against quotas in order to avoid discards and the waste of otherwise usable fish resources they entail. Uncontrolled                              discards of fish are a threat to the long term sustainability of fish as a public good and thus to the Common Fisheries Policy                              objectives. By contrast, catch-quota systems inherently present the fishers with an incentive to optimise the catch selectivity                              of their operations. In order to achieve a rational management of discards, a fully documented fishery should cover every                              operation at sea, rather than what is landed at port. The conditions for Member States to grant such additional allocations                              should therefore include an obligation to ensure the use of close circuit television cameras (CCTV) associated to a system                              of sensors (jointly referred to as "CCTV system"). This should enable the recording, in detail, of all retained and discarded                              parts of catches. A system based on human observers operating in real time on board would be less efficient, more costly,                              and less reliable. Consequently, the use of CCTV systems is, at this time, a prerequisite for the achievement of discard reduction                              schemes such as fully documented fisheries. In the use of such system, the requirements of Directive 95/46/EC of the European                              Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal                              data and on the free movement of such data(9) should be complied with.

(9)In order to ensure that trials of fully documented fisheries can effectively evaluate the potential of catch-quota systems                              to control the absolute fishing mortality of the stocks concerned, it is necessary for all fish caught in those trials, including                              those under minimum landing size, to be counted against the total allocation assigned to the participating vessel, and for                              fishing operations to cease when that total allocation has been fully utilised by that vessel. It is also appropriate to allow                              transfers of allocations between vessels participating in the fully documented fisheries trials and non-participating vessels                              provided that it can be demonstrated that discards by non-participating vessels do not increase.

(10)It is necessary to establish the fishing effort ceilings for 2013 in accordance with Article 8 of Regulation (EC) No 2166/2005,                              Article 5 of Regulation (EC) No 509/2007, Articles 11 and 12 of Regulation (EC) No 1342/2008, while taking into account Council                              Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in                              Chapter III of Regulation (EC) No 1342/2008(10).

(11)For certain species, such as certain species of sharks, even a limited fishing activity could result in a serious risk to                              their conservation. Fishing opportunities for such species should therefore be fully restricted through a general prohibition                              on fishing those species.

(12)Since the four TAC areas for the northern stock of hake correspond to the same biological stock, it is appropriate, in order                              to guarantee full use of the fishing opportunities, to allow the implementation of a flexible arrangement for Member States                              involved in this fishery between the TAC for IIIa, EU waters of Subdivisions 22-32 and the TAC for EU waters of IIa and IV.

(13)Fishing opportunities should be used in full compliance with the applicable law of the Union.

(14)The use of fishing opportunities available to EU vessels set out in this Regulation is subject to Council Regulation (EC)                              No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common                              fisheries policy(11), and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort and the                              notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used                              by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.

(15)In order to ensure uniform conditions for the implementation concerning the granting to an individual Member State an authorisation                              to benefit from the system of managing its fishing effort allocations in accordance with a kilowatt days system, implementing                              powers should be conferred on the Commission.

(16)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on                              the Commission relating to granting of additional days at sea for permanent cessation of fishing activities and for enhanced                              scientific observer coverage as well as to establishing the formats of spreadsheet for the collection and transmission of                              information concerning transfer of days at sea between fishing vessels flying the flag of a Member State. Those powers should                              be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011                              laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise                              of implementing powers(12).

(17)In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this                              Regulation should apply from 1 January 2013, except for the provisions concerning fishing effort limits, which should apply                              from 1 February 2013. For reasons of urgency, this Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:

## TITLE IU.K.**GENERAL PROVISIONS**

### Article 1U.K.Subject matter

1.This Regulation fixes the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks                        which are not subject to international negotiations or agreements.                  

2.The fishing opportunities referred to in paragraph 1 shall include:                  

(a)catch limits for the year 2013;                  

(b)fishing effort limits for the period from 1 February 2013 to 31 January 2014.                  

### Article 2U.K.Scope

This Regulation shall apply to EU vessels.

### Article 3U.K.Definitions

For the purposes of this Regulation the following definitions shall apply:

'EU vessel' means a fishing vessel flying the flag of a Member State and registered in the Union;

'EU waters' means waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent                              to the overseas countries and territories listed in Annex II to the Treaty;                           

'total allowable catch' (TAC) means the quantity that can be taken and landed from each fish stock each year;

'quota' means a proportion of the TAC allocated to the Union or a Member State;

'international waters' means waters falling outside the sovereignty or jurisdiction of any State;

'mesh size' means the mesh size of fishing nets as determined in accordance with Regulation (EC) No 517/2008(13);                           

'EU fishing fleet register' means the register set up by the Commission in accordance with Article 15(3) of Regulation (EC)                              No 2371/2002;                           

'fishing logbook' means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009;

'analytical assessments' means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology                              and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options                              for future catches.                           

### Article 4U.K.Fishing zones

For the purposes of this Regulation the following zone definitions shall apply:

ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation                              (EC) No 218/2009(14);                           

'Skagerrak' means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes                              lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to                              the nearest point on the Swedish coast;                           

'Kattegat' means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse                              and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids,                              from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;                           

'Functional Unit 16 of ICES Subarea VII' means the geographical area bounded by rhumb lines sequentially joining the following                              positions:                           
                -  53° 30′ N 15° 00′ W, 
                -  53° 30′ N 11° 00′ W, 
                -  51° 30′ N 11° 00′ W, 
                -  51° 30′ N 13° 00′ W, 
                -  51° 00′ N 13° 00′ W, 
                -  51° 00′ N 15° 00′ W, 
                -  53° 30′ N 15° 00′ W; 

'Gulf of Cádiz' means the geographical area of ICES division IXa east of longitude 7° 23′ 48′′ W;

CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation                              (EC) No 216/2009(15).                           

## TITLE IIU.K.**FISHING OPPORTUNITIES**

### Article 5U.K.TACs and allocations

The TACs for EU vessels in EU waters or in certain non-EU waters and the allocation of such TACs among Member States, and                     the conditions functionally linked thereto, where appropriate, are set out in Annex I.                  

### Article 6U.K.TACs to be determined by Member States

1.The TACs for certain fish stocks shall be determined by the Member State concerned. Those stocks are identified in Annex I.                  

2.The TACs to be determined by a Member State shall:                  

(a)be consistent with the principles and rules of the Common Fisheries Policy, in particular the principle of sustainable exploitation                        of the stock; and                  

(b)result:                  

if analytical assessments are available, in the exploitation of the stock consistent with maximum sustainable yield from 2015                              onwards, with as high a probability as possible;                           

if analytical assessments are unavailable or incomplete, in the exploitation of the stock consistent with the precautionary                              approach to fisheries management.                           

3.By 15 March 2013, each Member State concerned shall submit to the Commission the following information:                  

(a)the TACs adopted;                  

(b)the data collected and assessed by the Member State concerned on which the TACs adopted are based;                  

(c)details on how the TACs adopted comply with paragraph 2.                  

### Article 7U.K.Additional allocations 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 and participating in trials                        on fully documented fisheries. Those stocks are identified in Annex I.                  

2.The additional allocation referred to in paragraph 1 shall not exceed the overall limit set out in Annex I as a percentage                        of the quota allocated to that Member State.                  

3.The additional allocation referred to in paragraph 1 shall comply with the following conditions:                  

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

(b)the additional allocation granted to an individual vessel that participates in trials on fully documented fisheries shall                        not exceed any of the following limits:                  

75 % of the discards of the stock, as estimated by the relevant Member State, produced by the type of vessel to which the                              individual vessel that has been granted the additional allocation belongs.                           

30 % of the vessel’s individual allocation prior to participating in the trials.

(c)all catches by the vessel from the stock subject to the additional allocation, including fish that are under minimum landing                        size as defined in Annex XII of Regulation (EC) No 850/98, shall be counted against the individual allocation of the vessel,                        as resulting from any additional allocation granted under this Article.                  

(d)once the individual allocation for any stock subject to the additional allocation has been fully utilised by a vessel, the                        vessel in question must cease all fishing activity in the relevant TAC area.                  

(e)in respect of the stocks for which this Article may be used, the Member States may allow transfers of the individual allocation                        or any part thereof from vessels not participating in the fully documented fisheries trials to vessels participating in those                        trials provided that it can be demonstrated that discards by the non-participating vessels do not increase.                  

4.Notwithstanding point (i) of point (b) of paragraph 3, a Member State may exceptionally grant to a vessel flying its flag                        an additional allocation exceeding 75 % of the estimated discards of the stock produced by the type of vessel to which the                        individual vessel that has been granted the additional allocation belongs, provided that:                  

(a)the rate of stock discards, as estimated for the relevant type of vessel, is less than 10 %;                  

(b)the inclusion of that type of vessel is important to evaluate the potential of the CCTV system for control purposes;                  

(c)an overall limit of 75 % of the estimated stock discards produced by all vessels participating in the trials is not exceeded.                  

5.To the extent that the recordings obtained in accordance with point (a) of paragraph 3 involve the processing of personal                        data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.                  

6.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 3, 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 2013.                  

7.Prior to granting the additional allocation referred to in paragraphs 1 to 6, a Member State shall submit to the Commission                        the following information:                  

(a)the list of vessels flying its flag and 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;                  

(e)the amount of catches of the stock subject to the relevant TAC made in 2012 by the vessels participating in the trials.                  

8.The Commission may request any Member State that avails itself of this Article to submit its assessment of the discards produced                        per type of vessel to a scientific advisory body for review, in order to monitor the implementation of the requirement set                        out in point (i) of point (b) of paragraph 3. In the absence of an assessment confirming such discards, the Member State concerned                        shall take any appropriate measure to ensure compliance with that requirement and inform the Commission thereof.                  

### Article 8U.K.Conditions for landing catches and by-catches

Fish from stocks for which TACs are established shall be retained on board or landed only if:

the catches have been taken by vessels flying the flag of a Member State having a quota and that quota is not exhausted; or

the catches consist of a share in a EU quota which has not been allocated by quota among Member States, and that EU quota                              has not been exhausted.                           

### Article 9U.K.Fishing effort limits

From 1 February 2013 to 31 January 2014, the fishing effort measures laid down in:

Annex IIA, shall apply for the management of cod stocks in the Kattegat, ICES divisions VIIa and VIa, and EU waters of ICES                              division Vb;                           

Annex IIB, shall apply for the recovery of hake and Norway lobster in ICES divisions VIIIc and IXa, with the exception of                              the Gulf of Cádiz;                           

Annex IIC, shall apply for the management of the sole stock in ICES division VIIe.

### Article 10U.K.Special provisions on allocations of fishing opportunities

1.The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:                  

(a)exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;                  

(b)reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009 or pursuant to Article 10(4) of Regulation (EC)                        No 1006/2008(16);                  

(c)additional landings allowed under Article 3 of Regulation (EC) No 847/96;                  

(d)quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;                  

(e)deductions made pursuant to Articles 37, 105, 106 and 107 of Regulation (EC) No 1224/2009.                  

2.Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks                        subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical                        TAC.                  

### Article 11U.K.Closed fishing season

1.It shall be prohibited to fish or retain on board any of the following species in the Porcupine Bank during the period from                        1 May to 31 May 2013: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and                        rays, common sole and spurdog.                  

2.For the purposes of this Article, the Porcupine Bank shall comprise the geographical area bounded by rhumb lines sequentially                        joining the following positions:                  

3.By way of derogation from paragraph 1, transit through the Porcupine Bank while carrying on board the species referred to                        in that paragraph, shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.                  

### Article 12U.K.Prohibitions

1.It shall be prohibited for EU vessels to fish for, to retain on board, to tranship or to land the following species:                  

(a)basking shark (*Cetorhinus maximus*) and white shark (*Carcharodon carcharias*) in all waters;                  

(b)porbeagle (*Lamna nasus*) in all waters, except where it is provided otherwise in Annex I Part B;                  

(c)angel shark (*Squatina squatina*) in EU waters;                  

(d)common skate (*Dipturus batis*) in EU waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;                  

(e)undulate ray (*Raja undulata*) and white skate (*Raja alba*) in EU waters of ICES subareas VI, VII, VIII, IX and X;                  

(f)guitarfishes (*Rhinobatidae*) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;                  

(g)giant manta ray (*Manta birostris*) in all waters.                  

2.When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.                  

### Article 13U.K.Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating                     to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.                  

## TITLE IIIU.K.**FINAL PROVISIONS**

### Article 14U.K.Committee procedure

1.The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Regulation (EC) No 2371/2002.                        That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.                  

2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.                  

### Article 15U.K.Entry into force and application

This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

It shall apply from 1 January 2013.

However, Article 9 shall apply from 1 February 2013.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

U.K.

# LIST OF ANNEXES

:

TACs applicable to EU vessels in areas where TACs exist by species and by area:

:

General provisions

:

Kattegat, ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EU waters of CECAF, French Guiana waters

:

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                           

:

Fishing effort for vessels in the context of the recovery of certain Southern hake and Norway lobster stocks in ICES divisions                              VIIIc and IXa excluding the Gulf of Cádiz                           

:

Fishing effort for vessels in the context of the management of Western Channel sole stocks in ICES division VIIe

U.K.

# ANNEX I

## **TACs APPLICABLE TO EU VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA**U.K.

### PART AU.K.**General provisions**

The tables in Part B of this Annex set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by                           stock, and conditions functionally linked thereto, where appropriate.                        

All fishing opportunities set out in this Annex shall be subject to the rules set out in Regulation (EC) No 1224/2009, and                           in particular Articles 33 and 34 of that Regulation.                        

The references to fishing zones are references to ICES zones, unless otherwise specified.Within each area, fish stocks are                           referred to following the alphabetical order of the Latin names of the species. For the purposes of this Regulation, the following                           comparative table of Latin names and common names is provided:                        

The following comparative table of common names and Latin names is provided exclusively for explanatory purposes:

### PART BU.K.**Kattegat, ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EU waters of CECAF, French Guiana waters**

Textual Amendments

F1Substituted by Council Regulation (EU) No 297/2013 of 27 March 2013 amending Regulations (EU) No 44/2012, (EU) No 39/2013 and (EU) No 40/2013                                       as regards certain fishing opportunities.

U.K.

# 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**U.K.

### 1.**Scope**U.K.

#### 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.U.K.

#### 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                              2013, 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.U.K.

### 2.**Regulated gears and geographical areas**U.K.

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

### 3.**Authorisations**U.K.

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**U.K.

#### 4.1.The maximum allowable effort referred to in Article 12(1) of Regulation (EC) No 1342/2008 for the 2013 management period,                              i.e. from 1 February 2013 to 31 January 2014, for each of the effort groups of each Member State is set out in Appendix 1                              to this Annex.U.K.

#### 4.2.The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/2003(17) shall not affect the maximum allowable fishing effort set in this Annex.U.K.

### 5.**Management**U.K.

#### 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.U.K.

#### 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.U.K.

#### 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.U.K.

### 6.**Fishing effort report**U.K.

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**U.K.

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.                        

U.K.

# Appendix 1 to Annex IIA

## **Maximum allowable fishing effort in kilowatt days**

U.K.

# ANNEX IIB

## **FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NORWAY LOBSTER STOCKS IN ICES DIVISIONS                                 VIIIc AND IXa EXCLUDING THE GULF OF CÁDIZ**U.K.

### CHAPTER IU.K.**GENERAL PROVISIONS**

#### 1.**Scope**U.K.

This Annex shall apply to EU vessels of 10 metres’ length overall or more carrying on board or deploying trawls, Danish seines                           or similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm or bottom                           longlines in accordance with Regulation (EC) No 2166/2005, and present in ICES divisions VIIIc and IXa excluding the Gulf                           of Cádiz.                        

#### 2.**Definitions**U.K.

For the purposes of this Annex:

'gear grouping' means the grouping consisting of the following two gear categories:

trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm and

gill-nets of mesh size equal to or larger than 60 mm and bottom longlines;

'regulated gear' means any of the two gear categories belonging to the gear grouping;

'area' means ICES divisions VIIIc and IXa excluding the Gulf of Cádiz;

'2013 management period' means the period from 1 February 2013 to 31 January 2014;

'special conditions' means the special conditions set out in point 6.1.

#### 3.**Limitation in activity**U.K.

Without prejudice to Article 29 of Regulation (EC) No 1224/2009, each Member State shall ensure that, when carrying on board                           any regulated gear, EU vessels flying its flag shall be present within the area for no more than the number of days specified                           in Chapter III of this Annex.                        

### CHAPTER IIU.K.**AUTHORISATIONS**

#### 4.**Authorised vessels**U.K.

##### 4.1.A Member State shall not authorise fishing with a regulated gear in the area by any of vessels flying its flag which have                              no record of such fishing activity in the years 2002 to 2012 in the area, excluding the record of fishing activities as a                              result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is                              prevented from fishing in the area.U.K.

##### 4.2.A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in the area with a                              regulated gear, unless the vessel is allocated a quota after a transfer as permitted in accordance with Article 20(5) of Regulation                              (EC) No 2371/2002 and is allocated days at sea in accordance with point 11 or 12 of this Annex.U.K.

### CHAPTER IIIU.K.**NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU VESSELS**

#### 5.**Maximum number of days**U.K.

##### 5.1.During the 2013 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying                              its flag to be present within the area having carried on board any regulated gear is shown in Table I.U.K.

##### 5.2.If a vessel is able to demonstrate that its hake catches represent less than 4 % of the total live weight of fish caught in                              a given fishing trip, the flag Member State of the vessel shall be allowed not to count the days at sea associated with that                              fishing trip against the applicable maximum number of days at sea as set out in Table I.U.K.

#### 6.**Special conditions for the allocation of days**U.K.

##### 6.1.For the purposes of fixing the maximum number of days at sea an EU vessel may be authorised by its flag Member State to be                              present within the area, the following special conditions shall apply in accordance with Table I:U.K.

the total landings of hake in the year 2010 or 2011 made by the vessel concerned shall represent less than 5 tonnes according                                    to the landings in live weight; and                                 

the total landings of Norway lobster in the year 2010 or 2011 made by the vessel concerned shall represent less than 2,5 tonnes                                    according to the landings in live weight.                                 

##### 6.2.If a vessel benefits from an unlimited number of days as a result of its compliance with the special conditions, the vessel’s                              landings in the 2013 management period shall not exceed 5 tonnes of the total landings in live weight of hake and 2,5 tonnes                              of the total landings in live weight of Norway lobster.U.K.

##### 6.3.When either of the special conditions is not met by a vessel, that vessel shall, with immediate effect, no longer be entitled                              to the allocation of days corresponding to the given special condition.U.K.

##### 6.4.The application of the special conditions referred to in point 6.1. may be transferred from one vessel to one or more other                              vessels which replace that vessel in the fleet, provided that the replacing vessel uses similar gear and does not have in                              any year of its operation a record of landings of hake and Norway lobster higher than the quantities specified in point 6.1.U.K.

#### 7.**Kilowatt day system**U.K.

##### 7.1.A Member State may manage its fishing effort allocations in accordance with a kilowatt days system. Through that system it                              may authorise any vessel concerned by any regulated gear and special conditions as set out in Table I to be present within                              the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount                              of kilowatt days corresponding to the regulated gear and to the special conditions is respected.U.K.

##### 7.2.This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the                              flag of that Member State and qualified for the regulated gear and, where applicable, the special conditions. Such individual                              fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days                              at sea it would benefit from, according to Table I, if point 7.1. were not applied. For as long as the number of days is unlimited                              according to Table I, the relevant number of days the vessel would benefit from is 360.U.K.

##### 7.3.A Member State wishing to benefit from the system referred to in point 7.1. shall submit a request to the Commission, with                              reports in electronic format containing, for the regulated gear and special conditions as laid down in Table I, the details                              of the calculation based on:U.K.

list of vessels authorised to fish by indicating their EU fishing fleet register number (CFR) and their engine power;

track record of 2010 and 2011 for such vessels reflecting the catch composition defined in the special condition referred                                    to in point 6.1.(a) or (b), if these vessels are qualified for such special conditions;                                 

the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the                                    number of days at sea which each vessel would benefit from in application of point 7.1.                                 

##### 7.4.On the basis of that request, the Commission shall assess whether the conditions referred to in point 7 are complied with                              and, where applicable, may authorise that Member State to benefit from the system referred to in point 7.1.U.K.

#### 8.**Allocation of additional days for permanent cessation of fishing activities**U.K.

##### 8.1.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 regulated gear may be allocated to a Member State by the Commission on the basis of permanent                              cessations of fishing activities that have taken place between 1 February 2012 and 31 January 2013 either in accordance with                              Article 23 of Regulation (EC) No 1198/2006(18) or Regulation (EC) No 744/2008(19). 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.U.K.

##### 8.2.The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the regulated gear shall be divided by                              the effort expended by all vessels using that gear 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.U.K.

##### 8.3.Points 8.1. and 8.2. shall not apply where a vessel has been replaced in accordance with point 3 or 6.4., or when the withdrawal                              has already been used in previous years to obtain additional days at sea.U.K.

##### 8.4.A Member State wishing to benefit from the allocations referred to in point 8.1. shall submit a request to the Commission,                              by 15 June 2013, with reports in electronic format containing, for the gear grouping and special conditions as laid down in                              Table I, the details of the calculation based on:U.K.

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

the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of fishing gears                                    and, if necessary, special conditions.                                 

##### 8.5.On the basis of such a request by a Member State the Commission may, by means of implementing acts, allocate that Member State                              a number of days additional to that referred to in point 5.1. for that Member State. Those implementing acts shall be adopted                              in accordance with the examination procedure referred to in Article 14(2).U.K.

##### 8.6.During the 2013 management period, a Member State may re-allocate those additional days at sea to all or part of the vessels                              remaining in fleet and qualified for the regulated gears. Additional days stemming from a withdrawn vessel that benefited                              from a special condition referred to in point 6.1.(a) or (b) may not be allocated to a vessel remaining active that does not                              benefit from a special condition.U.K.

##### 8.7.When the Commission allocates additional days at sea due to a permanent cessation of fishing activities during the 2013 management                              period, the maximum number of days per Member State and gear shown in Table I shall be adjusted accordingly for the 2014 management                              period.U.K.

#### 9.**Allocation of additional days for enhanced scientific observer coverage**U.K.

##### 9.1.Three additional days on which a vessel may be present within the area when carrying on board any regulated gear may be allocated                              to a Member State by the Commission on the basis of an enhanced programme of scientific observer coverage in partnership between                              scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition                              and shall go beyond the requirements on data collection, as laid down in Regulation (EC) No 199/2008(20) and its implementing rules for national programmes.U.K.

##### 9.2.Scientific observers shall be independent from the owner, the master of the vessel and any crew member.U.K.

##### 9.3.A Member State wishing to benefit from the allocations referred to in point 9.1. shall submit a description of its enhanced                              scientific observer coverage programme to the Commission for approval.U.K.

##### 9.4.On the basis of that description, and after consultation with STECF, the Commission may, by means of implementing acts, allocate                              the Member State concerned a number of days additional to that referred to in point 5.1. for that Member State and for the                              vessels, the area and gear concerned by the enhanced programme of scientific observers. Those implementing acts shall be adopted                              in accordance with the examination procedure referred to in Article 14(2).U.K.

##### 9.5.If an enhanced scientific observer coverage programme submitted by a Member State has been approved by the Commission in the                              past and the Member State concerned wishes to continue its application without changes, it shall inform the Commission of                              the continuation of that programme four weeks before the beginning of the period for which the programme applies.U.K.

### CHAPTER IVU.K.**MANAGEMENT**

#### 10.**General obligation**U.K.

Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 8 of Regulation                           (EC) No 2166/2005 and Articles 26 to 35 of Regulation (EC) No 1224/2009.                        

#### 11.**Management periods**U.K.

##### 11.1.A Member State may divide the days present within the area set out in Table I into management periods of durations of one                              or more calendar months.U.K.

##### 11.2.The number of days or hours for which a vessel may be present within the area during a management period shall be fixed by                              the Member State concerned.U.K.

##### 11.3.Where a Member State authorises vessels flying its flag to be present within the area by hours, the Member State shall continue                              measuring the consumption of days as specified in point 10. Upon request by the Commission, the Member State shall demonstrate                              its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences                              in the area before the end of a 24-hour period.U.K.

### CHAPTER VU.K.**EXCHANGES OF FISHING EFFORT ALLOCATIONS**

#### 12.**Transfer of days between fishing vessels flying the flag of a Member State**U.K.

##### 12.1.A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has been                              authorised to another vessel flying its flag within the area, provided that the product of the days received by a vessel multiplied                              by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor                              vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded                              for each vessel in the EU fishing fleet register.U.K.

##### 12.2.The total number of days present within the area transferred in accordance with point 12.1., multiplied by the engine power                              in kilowatts of the donor vessel, shall not be higher than the donor vessel’s average annual days track record in the area                              as verified by the fishing logbook in the years 2010 and 2011 multiplied by the engine power in kilowatts of that vessel.U.K.

##### 12.3.The transfer of days as described in point 12.1. shall be permitted between vessels operating with any regulated gear and                              during the same management period.U.K.

##### 12.4.The transfer of days is only permitted for vessels benefiting from an allocation of fishing days without special conditions.U.K.

##### 12.5.On request from the Commission, Member States shall provide information on the transfers that have taken place. The format                              of spreadsheets for the collection and transmission of information referred to in this point may be established by the Commission,                              by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred                              to in Article 14(2).U.K.

#### 13.**Transfer of days between fishing vessels flying the flag of different Member States**U.K.

Member States may permit the transfer of days present within the area for the same management period and within the area between                           any fishing vessels flying their flags provided that points 4.1. and 4.2. and 12 apply *mutatis mutandis*. Where Member States decide to authorise such a transfer, they shall notify the Commission, before the transfer takes place,                           of the details of the transfer, including the number of days to be transferred, the fishing effort and, where applicable,                           the fishing quotas relating thereto.                        

### CHAPTER VIU.K.**REPORTING OBLIGATIONS**

#### 14.**Fishing effort report**U.K.

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 as the area specified in point 2 of this Annex.                        

#### 15.**Collection of relevant data**U.K.

Member States, on the basis of information used for the management of fishing days present within the area as set out in this                           Annex, shall collect on a quarterly basis the information about total fishing effort deployed within the area for towed gears                           and static gears, effort deployed by vessels using different types of gear in the area, and the engine power of those vessels                           in kilowatt days.                        

#### 16.**Communication of relevant data**U.K.

Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with data specified in                           point 15 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall                           be communicated to the Member States by the Commission. Member States shall, upon the Commission’s request, send to the Commission                           detailed information on effort allocated and consumed covering all or parts of the 2012 and 2013 management periods, using                           the data format specified in Tables IV and V.                        

##### *Table II*

**Reporting format kW-day information by year**

##### *Table III*

**Data format kW-day information by year**

##### *Table IV*

**Reporting format for vessel-related information**

##### *Table V*

**Data format for vessel-related information**

U.K.

# ANNEX IIC

## **FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF WESTERN CHANNEL SOLE STOCKS IN ICES DIVISION VIIe**U.K.

### CHAPTER IU.K.**GENERAL PROVISIONS**

#### 1.**Scope**U.K.

##### 1.1.This Annex shall apply to EU vessels of 10 metres length overall or more carrying on board or deploying beam trawls of mesh                              size equal to or greater than 80 mm and static nets including gill-nets, trammel-nets and tangle-nets with mesh size equal                              to or less than 220 mm in accordance with Regulation (EC) No 509/2007, and present in ICES division VIIe. For the purposes                              of this Annex, a reference to the 2013 management period means the period from 1 February 2013 to 31 January 2014.U.K.

##### 1.2.Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with track records of less than 300 kg                              live weight of sole per year during the three previous years, according to their fishing records, shall be exempt from the                              application of this Annex subject to the following conditions:U.K.

such vessels catch less than 300 kg live weight of sole during the 2013 management period;

such vessels do not tranship any fish at sea to another vessel;

by 31 July 2013 and 31 January 2014 each Member State concerned make a report to the Commission on these vessels’ catch records                                    for sole in the three previous years as well as on catches of sole in 2013.                                 

Where any of these conditions is not met, the vessels concerned shall, with immediate effect, cease to be exempt from the                           application of this Annex.                        

#### 2.**Definitions**U.K.

For the purposes of this Annex the following definitions shall apply:

'gear grouping' means the grouping consisting of the following two gear categories:

beam trawls of mesh size equal to or greater than 80 mm and

a static nets, including gill-nets, trammel nets and tangle-nets, with mesh size equal to or less than 220 mm;

'regulated gear' means any of the two gear categories belonging to the gear grouping;

'area' means ICES division VIIe;

'2013 management period' means the period from 1 February 2013 to 31 January 2014.

#### 3.**Limitation in activity**U.K.

Without prejudice to Article 29 of Regulation (EC) No 1224/2009, each Member State shall ensure that, when carrying on board                           any regulated gear, EU vessels flying its flag and registered in the Union shall be present within the area for no more than                           the number of days set out in Chapter III of this Annex.                        

### CHAPTER IIU.K.**AUTHORISATIONS**

#### 4.**Authorised vessels**U.K.

##### 4.1A Member State shall not authorise fishing with a regulated gear in the area by any of vessels flying its flag which have                              no record of such fishing activity in the years 2002 to 2012 in that area unless it ensures that equivalent capacity, measured                              in kilowatts, is prevented from fishing in the area.U.K.

##### 4.2However, a vessel with a track record of using a regulated gear may be authorised to use a different fishing gear, provided                              that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the regulated                              gear.U.K.

##### 4.3A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in the area with a                              regulated gear, unless the vessel is allocated a quota after a transfer as permitted in accordance with Article 20(5) of Regulation                              (EC) No 2371/2002 and is allocated days at sea in accordance with point 10 or 11 of this Annex.U.K.

### CHAPTER IIIU.K.**NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU VESSELS**

#### 5.**Maximum number of days**U.K.

During the 2013 management period, the maximum number of days at sea for which a Member State may authorise a vessel flying                           its flag to be present within the area having carried on board any regulated gear is shown in Table I.                        

##### *Table I*

**Maximum number of days a vessel may be present within the area by category of regulated gear per year**

#### 6.**Kilowatt day system**U.K.

##### 6.1.During the 2013 management period, a Member State may manage its fishing effort allocations in accordance with a kilowatt                              days system. Through that system it may authorise any vessel concerned by any regulated gear as set out in Table I to be present                              within the area for a maximum number of days which is different from that set out in that Table, provided that the overall                              amount of kilowatt days corresponding to the regulated gear is respected.U.K.

##### 6.2.This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the                              flag of that Member State and qualified for the regulated gear. Such individual fishing efforts shall be calculated in kilowatt                              days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table                              I, if point 6.1. were not applied.U.K.

##### 6.3.A Member State wishing to benefit from the system referred to in point 6.1. shall submit a request to the Commission, with                              reports in electronic format containing, for the regulated gear as laid down in Table I, the details of the calculation based                              on:U.K.

list of vessels authorised to fish by indicating their EU fishing fleet register number (CFR) and their engine power;

the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the                                    number of days at sea which each vessel would benefit from in application of point 6.1.                                 

##### 6.4.On the basis of that request, the Commission shall assess whether the conditions referred to in point 6 are complied with                              and, where applicable, may authorise that Member State to benefit from the system referred to in point 6.1.U.K.

#### 7.**Allocation of additional days for permanent cessation of fishing activities**U.K.

##### 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 regulated gear 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.U.K.

##### 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.U.K.

##### 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.U.K.

##### 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 2013, with reports in electronic format containing for the gear grouping as laid down in Table I, the details of                              the calculation based on:U.K.

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

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

##### 7.5.On the basis of such a request by a Member State the Commission may, 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).U.K.

##### 7.6.During the 2013 management period, a Member State may re-allocate those additional days at sea to all or part of the vessels                              remaining in fleet and qualified for the regulated gears.U.K.

##### 7.7.A Member State may not re-allocate in the 2013 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.U.K.

#### 8.**Allocation of additional days for enhanced scientific observer coverage**U.K.

##### 8.1.Three additional days on which a vessel may be present within the area when carrying on board any regulated gear may be allocated                              between 1 February 2013 and 31 January 2014 to a Member State by the Commission on the basis of an enhanced programme of scientific                              observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on                              levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation                              (EC) No 199/2008 and its implementing rules for national programmes.U.K.

##### 8.2.Scientific observers shall be independent from the owner, the master of the fishing vessel and any crew member.U.K.

##### 8.3.A Member State wishing to benefit from the allocations referred to in point 8.1. shall submit a description of its enhanced                              scientific observer coverage programme to the Commission for approval.U.K.

##### 8.4.On the basis of that description, and after consultation with STECF, the Commission may, by means of implementing acts, allocate                              the Member State concerned a number of days additional to that referred to in point 5 for that Member State and for the vessels,                              the area and gear concerned by the enhanced programme of scientific observers. Those implementing acts shall be adopted in                              accordance with the examination procedure referred to in Article 14(2).U.K.

##### 8.5.If an enhanced scientific observer coverage programme submitted by a Member State has been approved by the Commission in the                              past and the Member State concerned wishes to continue its application without changes, it shall inform the Commission of                              the continuation of that programme four weeks before the beginning of the period for which the programme applies.U.K.

### CHAPTER IVU.K.**MANAGEMENT**

#### 9.**General obligation**U.K.

Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

#### 10.**Management periods**U.K.

##### 10.1.A Member State may divide the days present within the area set out in Table I into management periods of durations of one                              or more calendar months.U.K.

##### 10.2.The number of days or hours for which a vessel may be present within the area during a management period shall be fixed by                              the Member State concerned.U.K.

##### 10.3.Where a Member State authorises vessels flying its flag to be present within the area by hours, the Member State shall continue                              measuring the consumption of days as specified in point 9. Upon request by the Commission, the Member State shall demonstrate                              its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences                              in the area before the end of a 24-hours period.U.K.

### CHAPTER VU.K.**EXCHANGES OF FISHING EFFORT ALLOCATIONS**

#### 11.**Transfer of days between fishing vessels flying the flag of a Member State**U.K.

##### 11.1.A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has been                              authorised to another vessel flying its flag within the area, provided that the product of the days received by a vessel multiplied                              by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor                              vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded                              for each vessel in the EU fishing fleet register.U.K.

##### 11.2.The total number of days present within the area transferred in accordance with point 11.1., multiplied by the engine power                              in kilowatts of the donor vessel, shall not be higher than the donor vessel’s average annual days track record in the area                              as verified by the fishing logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts                              of that vessel.U.K.

##### 11.3.The transfer of days as described in point 11.1. shall be permitted between vessels operating with any regulated gear and                              during the same management period.U.K.

##### 11.4.On request from the Commission, Member States shall provide information on the transfers that have taken place. Formats of                              spreadsheet for the collection and transmission of information referred to in this point may be established by the Commission,                              by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred                              to in Article 14(2).U.K.

#### 12.**Transfer of days between fishing vessels flying the flag of different Member States**U.K.

Member States may permit transfer of days present within the area for the same management period and within the area between                           any fishing vessels flying their flags provided that points 4.2., 4.4., 5, 6 and 10 apply *mutatis mutandis*. Where Member States decide to authorise such a transfer, they shall notify the Commission before the transfer takes place,                           the details of the transfer, including the number of days to be transferred, the fishing effort and, where applicable, the                           fishing quotas relating thereto.                        

### CHAPTER VIU.K.**REPORTING OBLIGATIONS**

#### 13.**Fishing effort report**U.K.

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 as the area specified in point 2 of this Annex.                        

#### 14.**Collection of relevant data**U.K.

Member States, on the basis of information used for the management of fishing days present within the area as set out in this                           Annex, shall collect on a quarterly basis the information about total fishing effort deployed within the area for towed gears                           and static gears, effort deployed by vessels using different types of gear in the area, and the engine power of those vessels                           in kilowatt days.                        

#### 15.**Communication of relevant data**U.K.

Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with data specified in                           point 14 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall                           be communicated to the Member States by the Commission. Member States shall, upon the Commission’s request, send to the Commission                           detailed information on effort allocated and consumed covering all or parts of the 2012 and 2013 management periods, using                           the data format specified in Tables IV and V.                        

##### *Table II*

**Reporting format kW-day information by year**

##### *Table III*

**Data format kW-day information by year**

##### *Table IV*

**Reporting format for vessel-related information**

##### *Table V*

**Data format for vessel-related information**

1

OJ L 358, 31.12.2002, p. 59.                           

2

OJ L 345, 28.12.2005, p. 5.                           

3

OJ L 122, 11.5.2007, p. 7.                           

4

OJ L 344, 20.12.2008, p. 6.                           

5

OJ L 348, 24.12.2008, p. 20.                           

6

Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock (OJ L 150, 30.4.2004, p. 1).                           

7

Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of                              the stock of sole in the Bay of Biscay (OJ L 65, 7.3.2006, p. 1).                           

8

OJ L 115, 9.5.1996, p. 3.                           

9

OJ L 281, 23.11.1995, p. 31.                           

10

OJ L 214, 19.8.2009, p. 16.                           

11

OJ L 343, 22.12.2009, p. 1.                           

12

OJ L 55, 28.2.2011, p. 13.                           

13

Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation                              (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets (OJ L 151, 11.6.2008, p. 5).                           

14

Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch                              statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).                           

15

Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch                              statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).                           

16

Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing                              vessels outside Community waters and the access of third country vessels to Community waters (OJ L 286, 29.10.2008, p. 33).                           

17

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).                           

18

Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ L 223, 15.8.2006, p. 1).                           

19

Council Regulation (EC) No 744/2008 of 24 July 2008 instituting a temporary specific action aiming to promote the restructuring                              of the European Community fishing fleets affected by the economic crisis (OJ L 202, 31.7.2008, p. 1).                           

20

Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection,                              management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy                              (OJ L 60, 5.3.2008, p. 1).