EN Official Journal of the European Union L 24/1

COUNCIL REGULATION (EU) No 57/2011

of 18 January 2011

fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters

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) According to Article 43(3) of the Treaty, the Council, on a proposal from the Commission, shall adopt measures on the fixing and allocation of fishing opportunities.

(2) 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).

(3) It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities by fishery or by group of fisheries, 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.

(4) Where a total allowable catch (TAC) is allocated to one Member State only, it is appropriate to empower the Member State concerned 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 and ensures that the stock in question is exploited at levels that shall, with as high a probability as possible, produce maximum sustainable yield from 2015 onwards, including by taking the necessary measures to collect relevant data, assess the stock concerned and determine maximum sustainable yield levels of that stock.

(5) The TACs should be established on the basis of the available scientific advice, by taking into account the 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 with the Advisory Committee for Fisheries and Aquaculture and the Regional Advisory Councils concerned.

(6) 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 hake, of Norway lobster, of sole in the Bay of Biscay, the Western Channel and the North Sea, of plaice in the North Sea, of herring to the west of Scotland and of cod in the Kattegat, North Sea, Skagerrak, eastern Channel, 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 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock (2); 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 (3); 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 (4); 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 (5); Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea (6); 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 (7); Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (8) and Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean (9).

(7) 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 (10), the stocks that are subject to the various measures referred to therein should be identified.

(8) 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.

(9) Norway lobster is caught in mixed demersal fisheries together with various other species. In a zone to the west of Ireland known as the Porcupine Bank there is an urgent conservation need to reduce catches of Norway lobster as much as possible. It is therefore appropriate to limit the fishing opportunities in this area only to the catching of pelagic species with which Norway lobster is not caught.

(10) Considering the recent developments in fisheries targeting boarfish in ICES subareas VI, VII and VIII and in order to ensure sustainable management of this stock, it is appropriate to provide for catch limits for this stock.

(11) It is necessary to establish the fishing effort ceilings for 2011 in accordance with Article 8 of Regulation (EC) No 2166/2005, Article 5 of Regulation (EC) No 509/2007, Article 9 of Regulation (EC) No 676/2007, Articles 11 and 12 of Regulation (EC) No 1342/2008 and Articles 5 and 9 of Regulation (EC) No 302/2009, 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 (11).

(12) A group of French vessels is excluded from the application of the fishing effort regime laid down in Article 11 of Regulation (EC) No 1342/2008 by virtue of Regulation (EC) 754/2009. On the basis of information provided by France in 2010, the exclusion of that group of vessels from the effort regime no longer constitutes a reduction of the administrative burden. Therefore one of the conditions for exclusion is no longer fulfilled. It is therefore appropriate to re-include that group of French vessels in the abovementioned fishing effort regime. Since the fishing management period established by Annex IIA to Regulation (EU) No 53/2010 (12) ceases to apply on 31 January 2011, this re-inclusion should apply starting from 1 February 2011.

(13) It is necessary, following the advice from the ICES, to maintain and revise a system to manage sandeel in EU waters of ICES divisions IIa and IIIa and ICES subarea IV.

(14) In the light of the most recent scientific advice from the ICES and in accordance with the international commitments in the context of the North East Atlantic Fisheries Convention (NEAFC), it is necessary to limit the fishing effort on certain deep-sea species.

(15) In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway (13), the Faroe Islands (14) and Greenland (15), the Union has held consultations on fishing rights with those partners. The consultations with the Faroe Islands have not been finalised and the arrangements for 2011 with that partner are expected to be concluded in early 2011. In order to avoid interruption of Union fishing activities whilst allowing for the necessary flexibility for the conclusion of those arrangements in early 2011, it is appropriate for the Union to establish the fishing opportunities for stocks subject to the agreement with the Faroe Islands on a provisional basis.

(16) The Union is a contracting party to several fisheries organisations and participates in other organisations as a cooperating non-party. Moreover, by virtue of the 2003 Act of Accession, fisheries agreements previously concluded by the Republic of Poland, such as the Convention on the Conservation and Management of Pollock resources in the central Bering Sea, are as from the date of accession of Poland to the European Union managed by the Union. Those fisheries organisations have recommended the introduction for 2011 of a number of measures, including fishing opportunities for EU vessels. Those fishing opportunities should be implemented in the law of the Union.

(17) At its Annual Meeting in 2010, the Inter-American Tropical Tuna Commission (IATTC) failed to reach consensus on the adoption of conservation measures for yellowfin tuna, bigeye tuna and skipjack tuna. Nevertheless, the majority of Contracting Parties, including the Union, considered that the fishing opportunities for those three stocks should be regulated in order to ensure their sustainable management. It is therefore appropriate for the Union to adopt measures to that effect.

(18) At its Annual Meeting in 2010, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted tables indicating the under-utilisation and over-utilisation of the fishing opportunities of the ICCAT Contracting Parties. In that context, ICCAT adopted a decision observing that, during the year 2009, the Union had under-exploited its quota for Northern and Southern swordfish, bigeye tuna and Northern albacore. In order to respect the adjustments to the Union quotas established by the ICCAT, it is necessary for the distribution of the fishing opportunities arising from this under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the under-utilisation without modifying the distribution key established in this Regulation concerning the annual allocation of TACs. At the same meeting the recovery plan for bluefin tuna was amended. ICCAT further adopted recommendations on the conservation of bigeye thresher sharks, hammerhead sharks and oceanic whitetip sharks. In order to contribute to the conservation of fish stocks it is necessary to implement those measures in the law of the Union.

(19) At its Annual Meeting in 2010, the Indian Ocean Tuna Commission (IOTC) revised the overall capacity of the fleets targeting tropical tunas between 2006-2008 as well as swordfish and albacore between 2007-2008. The IOTC also approved the implementation of fleet development plans. Furthermore, IOTC approved a Resolution on the conservation of thresher sharks (family Alopiidae) caught in association with fisheries in its area of competence.

(20) During the Third International Meeting, held in May 2007, for the creation of a Regional Fisheries Management Organisation (RFMO) in the high seas of the South Pacific (SPRFMO), the participants adopted interim measures, including fishing opportunities, in order to regulate pelagic fishing activities as well as bottom fisheries in that area until the establishment of such RFMO. Those interim measures have been revised at the 8th International Consultations for the Establishment of the SPRFMO in November 2009 and are expected to be revised again at the forthcoming 2nd Preparatory Conference for the SPRFMO Commission in January 2011. According to the agreement reached by the participants, those interim measures are voluntary and are not legally binding under international law. It is nevertheless advisable, in the light of the related provisions of the United Nations Fish Stock Agreement, to implement those measures in the law of the Union.

(21) At its Annual Meeting in 2010, the South East Atlantic Fisheries Organisation (SEAFO) adopted catch limits for four fish stocks in the SEAFO Convention Area. It is necessary to implement those catch limits in the law of the Union.

(22) In accordance with Article 291 of the Treaty, the measures necessary for the fixing of the catch limits for certain short-lived stocks should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16) for reasons of urgency.

(23) Certain international measures which create or restrict fishing opportunities for the Union are adopted by the relevant RFMO at the end of the year and become applicable before the entry into force of this Regulation. It is therefore necessary for the provisions that implement such measures in the law of the Union to apply retroactively. In particular, since certain fishing opportunities in the CCAMLR Convention Area are laid down for a period of time starting from 1 December 2010, it is appropriate that the relevant provisions of this Regulation apply from that date. Such retroactive application would be without prejudice to the principle of legitimate expectations as CCAMLR members are forbidden to fish in the Convention Area without authorisation.

(24) The use of fishing opportunities 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 (17), and in particular to Articles 33 and 34 thereof 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.

(25) 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 2011, except for the provisions concerning effort limits, which should apply from 1 February 2011, and specific provisions in particular regions, which should have a specific date of application as indicated in recital 23. For reasons of urgency, this Regulation should enter into force immediately after its publication.

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

HAS ADOPTED THIS REGULATION:

TITLE I

SCOPE AND DEFINITIONS

Article 1

Subject matter

1. This Regulation fixes the following fishing opportunities:

(a) for the year 2011, catch limits for certain fish stocks and groups of fish stocks;

(b) for the period from 1 February 2011 to 31 January 2012, certain effort limits;

(c) for the periods set out in Articles 20, 21 and 22 and in Annexes IE and V, fishing opportunities for certain stocks in the Convention Area of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR); and

(d) for the periods set out in Article 28, fishing opportunities for certain stocks in the Convention Area of the Inter American Tropical Tuna Commission (IATTC).

2. This Regulation also fixes provisional fishing opportunities for certain fish stocks or groups of fish stocks which are the subject of bilateral fisheries consultations with the Faroe Islands. The definitive fishing opportunities shall be fixed by the Council on a proposal from the Commission.

3. Certain fishing opportunities identified in Annex I remain unallocated and may not be fished by Member States until definitive fishing opportunities have been established in accordance with paragraph 2. Those fishing opportunities include additional fishing opportunities for mackerel resulting from uncaught quota in 2010.

Article 2

Scope

If not otherwise provided for, this Regulation shall apply to:

(a) EU vessels; and

(b) third-country vessels in EU waters.

Article 3

Definitions

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

(a) ‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(b) ‘third-country vessel’ means a fishing vessel flying the flag of, and registered in, a third country;

(c) ‘EU waters’ means waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the territories mentioned in Annex II to the Treaty;

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

(e) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;

(f) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;

(g) ‘mesh size’ means the mesh size as determined in accordance with Regulation (EC) No 517/2008 (18);

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

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

Article 4

Fishing zones

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

(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EC) No 218/2009 (19);

(b) ‘Skagerrak’ means the 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;

(c) ‘Kattegat’ means the 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;

(d) ‘VII (Porcupine Bank – Unit 16)’ means the 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;

(e) ‘Gulf of Cádiz’ means the area of ICES division IXa east of longitude 7° 23′ 48″ W;

(f) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009 (20);

(g) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Regulation (EC) No 217/2009 (21);

(h) the SEAFO (South East Atlantic Fisheries Organisation) Convention Area is as defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (22);

(i) the ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area is as defined in the International Convention for the Conservation of Atlantic Tunas (23);

(j) the CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) Convention Area is as defined in Regulation (EC) No 601/2004 (24);

(k) the IATTC (Inter American Tropical Tuna Commission) Convention Area is as defined in the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (25);

(l) the IOTC (Indian Ocean Tuna Commission) Area is as defined in the Agreement for the establishment of the Indian Ocean Tuna Commission (26);

(m) ‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area’ means the high seas area south of 10° N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement (27), and west of the areas of fisheries jurisdictions of South American States;

(n) the WCPFC (Western and Central Pacific Fisheries Commission) Convention Area is as defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (28);

(o) ‘high seas of the Bering Sea’ means the area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured.

TITLE II

FISHING OPPORTUNITIES FOR EU VESSELS

CHAPTER I

General provisions

Article 5

TACs and allocations

1. 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.

2. EU vessels are authorised to make catches, within the TACs set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the conditions set out in Article 15 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008 (29) and its implementing provisions.

3. The Commission shall fix TACs for capelin in Greenland waters of ICES subareas V and XIV available to the Union on the basis of the TAC and the allocation to the Union established by Greenland in accordance with the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand, and the Protocol thereto.

4. In the light of scientific information collected during the first half of 2011, TACs set out in Annex I for the following stocks may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002:

(a) sandeel in EU waters of ICES divisions IIa and IIIa and ICES subarea IV in accordance with Annex IID to this Regulation;

(b) the stock of Norway pout in EU waters of ICES divisions IIa and IIIa and ICES subarea IV and the stock of sprat in EU waters of ICES division IIa and ICES subarea IV.

Article 6

Special provisions on certain TACs

1. Certain TACs in Annex IA, identified by a footnote with a cross-reference to this Article, shall be determined by the Member State concerned, on the basis of data collected and assessed by that Member State, at a level that:

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

(b) shall, with as high probability as possible, result in the exploitation of the stock consistent with maximum sustainable yield from 2015 onwards.

2. By 28 February 2011, the Member State concerned shall inform the Commission of the level adopted in accordance with paragraph 1 and of the measures it intends to take to comply with that provision. In the light of this information, and where the conditions set out in Article 7 of Regulation (EC) No 2371/2002 are met, the Commission may decide on emergency measures.

Article 7

Additional allocation for vessels participating in trials on fully documented fisheries

1. For certain stocks listed in Annex IA and identified by a footnote with a cross-reference to this Article, a Member State may, under the conditions set out in paragraph 2 of this Article, grant to vessels participating in trials on fully documented fisheries additional allocation within an overall limit set out in Annex IA as a percentage of the quota allocated to that Member State.

2. A Member State may grant additional allocation to vessels only in accordance with the following conditions:

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

(b) an amount of the additional allocation granted to an individual vessel that participates in fully documented fisheries shall be no more than 75 % of the discards predicted by that type of vessel, and in any case shall not represent more than a 30 % increase of the vessel’s allocation;

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

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 of this Article, it shall immediately withdraw the additional allocation granted to the vessel concerned and exclude it from participation in these trials for the rest of the year 2011.

4. A Member State intending to apply paragraphs 1, 2 and 3, shall, before any additional allocation is granted, submit to the Commission the following information:

— the list of vessels participating in the trials, and the specifications of the remote electronic monitoring equipment installed on board;

— the capacity, type and specification of gears used by those vessels;

— the estimated discard rates of those types of vessels; and

— the amount of catches of the stock subject to the relevant TAC made by those vessels in 2010.

Article 8

Prohibited species

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 EU and non-EU waters;

(b) angel shark (Squatina squatina) in all EU waters;

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

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

(e) porbeagle (Lamna nasus) in international waters; and

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

2. The species referred to in paragraph 1 shall be promptly released unharmed to the extent practicable.

Article 9

Special provisions on allocations

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;

(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 10

Fishing effort limits

From 1 February 2011 to 31 January 2012, the fishing effort measures laid down in:

(a) Annex IIA, shall apply for the management of certain stocks in the Kattegat, the Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat, ICES subarea IV and ICES divisions VIa, VIIa and VIId and EU waters of ICES divisions IIa and Vb;

(b) 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;

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

Article 11

Catch and effort limits for deep-sea fisheries

1. Article 3 of Regulation (EC) No 2347/2002 (30) shall apply to Greenland halibut. The catching, retaining on board, transhipping and landing of Greenland halibut shall be subject to the conditions referred to in that Article.

2. Member States shall ensure that for 2011 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits referred to in Article 3 of Regulation (EC) No 2347/2002 do not exceed 65 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held or deep-sea species, as listed in Annexes I and II to that Regulation, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep-sea species, other than greater silver smelt, were caught.

Article 12

Conditions for landing catches and by-catches

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

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

(b) 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 13

Restrictions on the use of certain fishing opportunities

1. The fishing opportunities fixed in Annex I for tusk, cod, megrim, anglerfish, haddock, whiting, hake, blue ling, ling, Norway lobster, plaice, pollack, saithe, skates and rays, sole and spurdog in ICES subarea VII or relevant divisions thereof, shall be restricted by the prohibition to fish or retain onboard any such species during the period from 1 May to 31 July 2011 in the Porcupine Bank. The relevant Annex I entries are identified by cross-reference to this Article.

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

Point Latitude Longitude 1 52° 27′ N 12° 19′ W 2 52° 40′ N 12° 30′ W 3 52° 47′ N 12° 39,600′ W 4 52° 47′ N 12° 56′ W 5 52° 13,5′ N 13° 53,830′ W 6 51° 22′ N 14° 24′ W 7 51° 22′ N 14° 03′ W 8 52° 10′ N 13° 25′ W 9 52° 32′ N 13° 07,500′ W 10 52° 43′ N 12° 55′ W 11 52° 43′ N 12° 43′ W 12 52° 38,800′ N 12° 37′ W 13 52° 27′ N 12° 23′ W 14 52° 27′ N 12° 19′ W

3. By way of derogation from paragraph 1 of this Article, transit through the Porcupine Bank, carrying onboard 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 14

Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send 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.

CHAPTER II

Fishing authorisation in third-country waters

Article 15

Fishing authorisations

1. The maximum number of fishing authorisations for EU vessels fishing in waters of a third country is set out in Annex III.

2. Where one Member State transfers quota to another Member State (swap) in the fishing areas set out in Annex III on the basis of Article 20(5) of Regulation (EC) No 2371/2002, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Annex III, shall not be exceeded.

CHAPTER III

Fishing opportunities in waters of regional fisheries management organisations

Section 1

ICCAT Convention Area

Article 16

Fishing and farming and fattening capacity limitations for bluefin tuna

1. The number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic shall be limited as set out in point 1 of Annex IV.

2. The number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex IV.

3. The number of EU vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex IV.

4. The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV.

5. The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV.

6. The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.

Article 17

Additional conditions to the bluefin tuna quota allocated in Annex ID

In addition to the prohibition period provided for in Article 7(2) of Regulation (EC) No 302/2009, purse-seine fishing for bluefin tuna shall be prohibited in the eastern Atlantic and Mediterranean during the period from 15 April to 15 May 2011.

Article 18

Recreational and sport fisheries

Member States shall allocate a specific quota of bluefin tuna for recreational and sport fisheries from their quotas allocated in Annex ID.

Article 19

Sharks

1. Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) in any fishery shall be prohibited.

2. It shall be prohibited to undertake a directed fishery for species of thresher sharks of the genus Alopias.

3. Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the family Sphyrnidae (except for the Sphyrna tiburo) in association with fisheries in the ICCAT Convention Area shall be prohibited.

4. Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) taken in any fishery shall be prohibited.

Section 2

CCAMLR Convention Area

Article 20

Prohibitions and catch limitations

1. Direct fishing of the species set out in Annex V, Part A, shall be prohibited in the zones and during the periods set out in that Annex.

2. For new and exploratory fisheries, the TACs and by-catch limits set out in Annex V, Part B, shall apply in the subareas set out in that Part.

Article 21

Exploratory fisheries

1. Only those Member States which are members of the CCAMLR Commission may participate in longline exploratory fisheries for Dissostichus spp. in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1 and 58.4.2 outside areas of national jurisdiction during the 2011 fishing season. If such a Member State intends to participate in such fisheries, it shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 and in any case no later than 24 July 2011.

2. With regard to FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 TACs and by-catch limits per subarea and division, and their distribution among Small Scale Research Units (SSRUs) within each of them, shall be as set out in Annex V, Part B. Fishing in any SSRU shall cease when the reported catch reaches the specified TAC, and that SSRU shall be closed to fishing for the remainder of the season.

3. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1 and 58.4.2 shall be prohibited in depths less than 550 m.

Article 22

Krill fishery during the 2011/2012 fishing season

1. Only those Member States which are members of the CCAMLR Commission may fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2011/2012 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the CCAMLR Secretariat, in accordance with Article 5a of Regulation (EC) No 601/2004, and the Commission, and in any case no later than 1 June 2011:

(a) of its intention to fish for krill, using the format laid down in Annex V, Part C;

(b) of the net configuration form, using the format laid down in Annex V, Part D.

2. The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.

3. Member States intending to fish for krill in the CCAMLR Convention Area shall only notify authorised vessels flying their flag at the time of the notification.

4. Member States shall be entitled to authorise participation in a krill fishery by a vessel other than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 of this Article, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member State concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:

(a) full details of the intended replacement vessel(s), including information provided for in Article 3 of Regulation (EC) No 601/2004;

(b) a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.

5. Member States shall not authorise a vessel on either of the CCAMLR IUU Vessel Lists to participate in krill fisheries.

Section 3

IOTC Area

Article 23

Limitation of fishing capacity of vessels fishing in the IOTC Area

1. The maximum number of EU vessels fishing for tropical tunas in the IOTC Area and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VI.

2. The maximum number of EU vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Area and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VI.

3. Member States may re-allocate vessels assigned to one of the two fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.

4. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of vessels of other tuna regional fisheries organisations. No vessels featuring on the list of vessels engaged in illegal, unreported and unregulated fishing activities (IUU vessels) of any RFMO may be transferred.

5. In order to take into account the implementation of the development plans submitted to the IOTC, Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2, within the limits set out in those plans.

Article 24

Sharks

1. Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of all the species of the family Alopiidae in any fishery shall be prohibited.

2. The species referred to in paragraph 1 shall be promptly released unharmed to the extent practicable.

Section 4

SPRFMO Convention Area

Article 25

Pelagic fisheries – capacity limitation

Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008, or 2009 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2011 to the levels of total 78 610 gross tonnage in that Area in such manner that sustainable exploitation of the pelagic fishery resources in South Pacific is ensured.

Article 26

Pelagic fisheries - TACs

1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in the years 2007, 2008 or 2009, as referred to in Article 25, may fish for pelagic stocks in that Area in accordance with the TACs set out in Annex IJ.

2. Member States shall notify the Commission on a monthly basis of the names and characteristics, including gross tonnage, of their vessels engaged in the fishery referred to in this Article.

3. For the purpose of monitoring the fishery referred to in this Article, Member States shall send to the Commission, in order to communicate them to the SPRFMO Interim Secretariat, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifteenth day of the following month.

Article 27

Bottom fisheries

The Member States referred to in Article 25 shall limit bottom fishing effort or catch in the SPRFMO Convention Area to the average annual levels over the period from 1 January 2002 to 31 December 2006 in terms of the number of fishing vessels and other parameters that reflect the level of catch, fishing effort and fishing capacity and to only those parts of the SPRFMO Convention Area where bottom fisheries has occurred during the previous fishing season.

Section 5

IATTC Convention Area

Article 28

Purse-seine fisheries

1. The fishing by purse-seine vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited:

(a) either from 29 July to 28 September 2011 or from 18 November 2011 to 18 January 2012 in the area defined by the following limits: — the Pacific coastlines of the Americas, — longitude 150° W, — latitude 40° N, — latitude 40° S;

(b) from 29 September to 29 October 2011 in the area defined by the following limits: — longitude 96° W, — longitude 110° W, — latitude 4° N, — latitude 3° S.

2. The Member States concerned shall notify the Commission of the selected period of closure referred to in point (a) of paragraph 1 before 1 April 2011. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the areas defined in paragraph 1 during the period selected.

3. Purse-seine vessels fishing for tuna in the IATTC Convention Area shall retain on board and then land all yellowfin, bigeye and skipjack tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.

Section 6

SEAFO Convention Area

Article 29

Measures for the protection of deep water sharks

Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited:

— skates (Rajidae),

— spiny dogfish (Squalus acanthias),

— blurred smooth lanternshark (Etmopterus bigelowi),

— shorttail lanternshark (Etmopterus brachyurus),

— great lanternshark (Etmopterus princeps),

— smooth lanternshark (Etmopterus pusillus),

— ghost catshark (Apristurus manis),

— velvet dogfish (Scymnodon squamulosus),

— and deep-sea sharks of super-order Selachimorpha.

Section 7

WCPFC Convention Area

Article 30

Fishing effort limitations for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore

Member States shall ensure that the total fishing effort for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), skipjack tuna (Katsuwonus pelamis) and south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area is limited to the fishing effort provided for in fisheries partnership agreements between the Union and coastal States in the region.

Article 31

Closed area for FAD fishing

1. In the part of the WCPFC Convention Area located between 20° N and 20° S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours on 1 July 2011 and 24:00 hours on 30 September 2011. During that period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that at no time does the vessel:

(a) deploy or service a FAD or associated electronic device;

(b) fish on schools in association with FADs.

2. All purse-seine vessels fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna caught.

3. Paragraph 2 shall not apply in the following cases:

(a) in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish;

(b) where the fish is unfit for human consumption for reasons other than those connected with size; or

(c) when a serious malfunction of freezer equipment occurs.

Article 32

Closed areas for purse-seine fisheries

The fishing by purse-seine vessels for bigeye tuna and yellowfin tuna shall be prohibited in the following high seas areas:

(a) the international waters enclosed by the boundaries of the exclusive economic zones (EEZ) of Indonesia, Palau, Micronesia and Papua New Guinea;

(b) the international waters enclosed by the boundaries of the EEZ of Micronesia, Marshall Islands, Nauru, Kiribati, Tuvalu, Fiji, Solomon Islands and Papua New Guinea.

Article 33

Limitations to the number of EU vessels authorised to fish swordfish

The maximum number of EU vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention Area shall be as indicated in Annex VII.

Section 8

Bering Sea

Article 34

Prohibition on fishing in the high seas of the Bering Sea

Fishing for pollock (Theragra chalcogramma) in the high seas of the Bering Sea shall be prohibited.

TITLE III

FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN EU WATERS

Article 35

TACs

Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in EU waters within the TACs set out in Annex I to this Regulation and subject to the conditions provided for in this Title and in Chapter III of Regulation (EC) No 1006/2008.

Article 36

Fishing authorisations

1. The maximum number of fishing authorisations for third-country vessels fishing in EU waters is laid down in Annex VIII.

2. Fish from stocks for which TACs are fixed shall not be retained on board or landed unless the catches have been taken by third-country vessels having a quota and that quota is not exhausted.

Article 37

Prohibited species

1. It shall be prohibited for third-country 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 EU waters;

(b) angel shark (Squatina squatina) in all EU waters;

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

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

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

2. The species referred to in paragraph 1 shall be promptly released unharmed to the extent practicable.

TITLE IV

FINAL PROVISIONS

Article 38

Amendment to Regulation (EC) No 754/2009

Point (h) of Article 1 of Regulation (EC) No 754/2009 is deleted.

Article 39

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 2011.

However, Article 38 shall apply from 1 February 2011.

Where the fishing opportunities for the CCAMLR Convention Area are set for periods starting before 1 January 2011, Articles 20, 21 and 22 and Annexes IE and V shall apply with effect from the beginning of the respective periods of application of those fishing opportunities.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Bruxelles, 18 January 2011. For the Council The President MARTONYI J.

(1) OJ L 358, 31.12.2002, p. 59.

(2) OJ L 150, 30.4.2004, p. 1.

(3) OJ L 345, 28.12.2005, p. 5.

(4) OJ L 65, 7.3.2006, p. 1.

(5) OJ L 122, 11.5.2007, p. 7.

(6) OJ L 157, 19.6.2007, p. 1.

(7) OJ L 344, 20.12.2008, p. 6.

(8) OJ L 348, 24.12.2008, p. 20.

(9) OJ L 96, 15.4.2009, p. 1.

(10) OJ L 115, 9.5.1996, p. 3.

(11) OJ L 214, 19.8.2009, p. 16.

(12) Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (OJ L 21, 26.1.2010, p. 1).

(13) Agreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48).

(14) Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faeroe Islands, of the other part (OJ L 226, 29.8.1980, p. 12).

(15) Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand (OJ L 172, 30.6.2007, p. 4) and Protocol setting out the fishing opportunities and financial contribution provided for in that Agreement (OJ L 172, 30.6.2007, p. 9).

(16) OJ L 184, 17.7.1999, p. 23.

(17) OJ L 343, 22.12.2009, p. 1.

(18) 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).

(19) 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 (recast) (OJ L 87, 31.3.2009, p. 70).

(20) 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 (recast) (OJ L 87, 31.3.2009, p. 1).

(21) Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast) (OJ L 87, 31.3.2009, p. 42).

(22) Concluded by Council Decision 2002/738/EC (OJ L 234, 31.8.2002, p. 39).

(23) The Union acceded by Council Decision 86/238/EEC (OJ L 162, 18.6.1986, p. 33).

(24) Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources (OJ L 97, 1.4.2004, p. 16).

(25) Concluded by Council Decision 2006/539/EC (OJ L 224, 16.8.2006, p. 22).

(26) The Union acceded by Council Decision 95/399/EC (OJ L 236, 5.10.1995, p. 24).

(27) Concluded by Council Decision 2008/780/EC (OJ L 268, 9.10.2008, p. 27).

(28) The Union acceded by Council Decision 2005/75/EC (OJ L 32, 4.2.2005, p. 1).

(29) 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).

(30) Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002, p. 6).

ANNEX IIA FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF CERTAIN STOCKS IN ICES DIVISIONS IIIa, VIa, VIIa, VIId, ICES SUBAREA IV AND EU WATERS OF ICES DIVISIONS IIa AND 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 referred to in point 2 of that Annex. 1.2. This Annex shall not apply to vessels of less than 10 metres’ length overall. These vessels shall not be required to carry special fishing permits issued in accordance with Article 7 of Regulation (EC) No 1627/94. Member States concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using appropriate sampling methods. During 2011, 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 regulated gears referred to in point 1 of Annex I to Regulation (EC) No 1342/2008 and geographical areas referred to in point 2 of that Annex shall apply. 3. Maximum allowable fishing effort 3.1. 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 2011 management period, from 1 February 2011 to 31 January 2012, for each of the effort groups of each Member State is set out in Appendix 1 to this Annex. 3.2. 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. 4. Member States’ obligations 4.1. 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. 4.2. 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 and, for the purpose of sole and plaice management, as ICES subarea IV. 5. Allocation of fishing effort 5.1. If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it shall not permit fishing with a regulated gear in any of the geographical areas to which this Annex applies by any of its vessels which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area. 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 4 of this Annex. 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. Communication of relevant data 6.1. Without prejudice to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States shall transmit to the Commission, on its request, the data on fishing effort deployed by their fishing vessels in the previous month and the months before, using the reporting format set out in Appendix 2. 6.2. The data shall be sent to the appropriate electronic mailbox address, which the Commission shall communicate to the Member States. When a data transfer to the Fisheries Data Exchange System (or any future data system decided by the Commission) will become operational, the Member State shall transmit the data to the system before the fifteenth of each month, referring to the effort deployed up to the end of the previous month. The Commission shall notify Member States the date at which the system shall be used for transmission at least two months in advance of the first due date. The first fishing effort declaration that will be sent to the system shall include the effort deployed since 1 February 2011. Member States shall transmit to the Commission, on its request, the data on fishing effort deployed by their fishing vessels during the month of January 2011. (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). 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 1 106 722 6 987 436 675 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 DK DE ES FR IE NL SE UK (b) 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 TR1 1 094 4 139 276 1 073 668 1 722 1 840 286 192 314 506 210 348 7 561 687 TR2 236 768 3 474 212 436 666 0 7 942 312 13 418 914 458 738 473 6 268 834 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 5 818 587 84 053 1 525 679 0 1 230 378 0 31 303 634 0 6 710 298 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

Geographical area Regulated gear BE FR IE NL UK (c) ICES division VIIa TR1 0 64 257 44 719 0 452 789 TR2 13 554 992 584 047 0 1 450 985 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 8 363 0 1 980 786 166 010 1 377 697 TR2 0 0 0 34 926 479 043 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 13 836 150 198 5 697 213 454 GT 0 0 0 0 1 953 145 LL 0 0 1 402 142 163 130 4 250 630 040 Appendix 2 to Annex IIA Table II Reporting format Member State Gear Area Year Month Cumulative declaration (1) (2) (3) (4) (5) (6)

Table III Data format Name of field Maximum number of characters/digits Alignment (1) L(eft)/R(ight) Definition and comments (1) Member State 3 — Member State (Alpha-3 ISO code) in which the vessel is registered (2) Gear 3 — One of the following gear types TR1 TR2 TR3 BT1 BT2 GN GT LL (3) Area 8 L One of the following areas 03AS 02A0407D 07A 06A (4) Year 4 — The year of the month for which the declaration is done (5) Month 2 — Month for which the fishing effort declaration is done (expressed by two digits between 01 and 12) (6) Cumulative declaration 13 R Cumulative amount of fishing effort expressed in kilowatt days from 1 January of the year (4) until the end of the month (5) (1) Information relevant for transmission of data by fixed-length formatting.

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 CADIZ 1. Scope 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, and present in ICES divisions VIIIc and IXa excluding the Gulf of Cadiz. 2. Definitions For the purposes of this Annex: (a) ‘gear grouping’ means the grouping of 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; (b) ‘regulated gear’ means any of the two gear categories belonging to the gear grouping; (c) ‘area’ means ICES divisions VIIIc and IXa excluding the Gulf of Cadiz; (d) ‘2011 management period’ means the period from 1 February 2011 to 31 January 2012; (e) ‘special conditions’ means the special conditions set out in point 5.2. of this Annex. 3. Vessels concerned by fishing effort limitations 3.1. A Member State shall not authorise fishing with a regulated gear in the area by any of its vessels which have no record of such fishing activity in the years 2002 to 2010 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. 3.2. 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 10 or 11 of this Annex. 4. General obligations and limitation in activity 4.1. 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. 4.2. 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 point 5 of this Annex. 4.3. 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 defined in point 2 of this Annex. NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU VESSELS 5. Maximum number of days 5.1. During the 2011 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. 5.2. 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: (a) the total landings of hake in the year 2008 or 2009 made by the vessel shall represent less than 5 tonnes or less than 3 % according to the landings in live weight consigned in the fishing logbook; and (b) the total landings of Norway lobster in the year 2008 or 2009 made by the vessel shall represent less than 2,5 tonnes according to the landings in live weight consigned in the fishing logbook. 5.3. The special conditions referred to in point 5.2. might 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 weights specified in point 5.2. 5.4. A Member State may manage its fishing effort allocations in accordance with a kilowatt days system. By that system it may authorise any vessel concerned for 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 referred to in point 5.2. is respected. 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 this point 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. 5.5. A Member State wishing to benefit from the system referred to in point 5.4. shall submit a request to the Commission 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: — list of vessels authorised to fish by indicating their EU fishing fleet register number (CFR) and their engine power, — track records of 2008 and 2009 for such vessels reflecting the catch composition defined in special conditions referred to in point 5.2.(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 5.4. On the basis of that description, the Commission may authorise that Member State to benefit from the system referred to in point 5.4. 6. Management periods 6.1. A Member State may divide the days present within the area given in Table I into management periods of durations of one or more calendar months. 6.2. 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. Where a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 4.1. 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. 7. Allocation of additional days for permanent cessation 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 regulated gear may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place between 1 February 2010 and 31 January 2011 either in accordance with Article 7 of Regulation (EC) No 2792/1999 (1), Article 23 of Regulation (EC) No 1198/2006 (2) or resulting from other circumstances duly motivated by Member States. Any vessels for which it can be demonstrated that they have been definitively withdrawn from the area may also be considered. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gears in question shall be divided by the effort expended by all vessels using those gears 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 this calculation shall be rounded to the nearest whole day. This point shall not apply where a vessel has been replaced in accordance with point 3 or 5.3. of this Annex, or when the withdrawal has already been used in previous years to obtain additional days at sea. 7.2. Member States wishing to benefit from the allocations referred to in point 7.1. shall submit a request to the Commission 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: — 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. 7.3. On the basis of such a request the Commission may amend the number of days defined in point 5.1. for that Member State in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 7.4. During the 2011 management period, a Member State may re-allocate those additional numbers of 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 5.2.(a) or (b) may not be allocated to a vessel remaining active that does not benefit from a special condition. 7.5. Any additional number of days resulting from a permanent cessation of fishing activities allocated by the Commission for the 2010 management period shall be included in the maximum number of days per Member State shown in Table I and shall be allocated to the gear groupings in Table I and shall be subject to the adjustment in days at sea ceilings resulting from this Regulation for the 2011 management period. 7.6. By way of derogation from points 7.1., 7.2. and 7.3., the Commission may exceptionally grant a Member State an allocation of additional days during the 2011 management period on the basis of permanent cessation of fishing activities that have taken place from 1 February 2004 to 31 January 2010 and which have not been the subject of a prior request for additional days. 8. Allocation of additional days for enhanced scientific observer coverage 8.1. Three additional days on which a vessel may be present within the area when carrying onboard any regulated gear may be allocated to Member States 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 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 (3) and its implementing rules for national programmes. Scientific observers shall be independent from the owner, the master of the vessel and any crew member. 8.2. Member States wishing to benefit from the allocations referred to in point 8.1. shall submit a description of their enhanced scientific observer coverage programme to the Commission for approval. 8.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 5.1. for that Member State and for the vessels, the area and gear concerned by the enhanced programme of scientific observers in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 8.4. 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 wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of that programme four weeks before the beginning of the period for which the programme applies. 9. Special conditions for the allocation of days 9.1. If a vessel has received an unlimited number of days resulting from compliance with the special conditions, the vessel's landings in the 2011 management period shall not exceed 5 tonnes live weight of hake and 2,5 tonnes live weight of Norway lobster. 9.2. When either of these 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. Table I Maximum number of days a vessel may be present within the area by fishing gear per year Special condition Regulated gear Maximum number of days Bottom trawls, Danish seines and similar trawls of mesh size ≥ 32 mm, gill-nets of mesh size ≥ 60 mm and bottom longlines ES 158 FR 142 PT 172 5.2.(a) and 5.2.(b) Bottom trawls, Danish seines and similar trawls of mesh size ≥ 32 mm, gill-nets of mesh size ≥ 60 mm and bottom longlines Unlimited EXCHANGES OF FISHING EFFORT ALLOCATIONS 10. Transfer of days between vessels flying the flag of a Member State 10.1. 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. 10.2. The total number of days present within the area transferred under point 10.1. 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 2008 and 2009 multiplied by the engine power in kilowatts of that vessel. 10.3. The transfer of days as described in point 10.1. shall be permitted only between vessels operating with any regulated gear and during the same management period. 10.4. Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without special conditions. 10.5. 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 adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 11. Transfer of days between fishing vessels flying the flag of different Member States 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 3.1., 3.2., 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, the fishing effort and, where applicable, the fishing quotas relating thereto. REPORTING OBLIGATIONS 12. Collection of relevant data 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 kW. 13. Communication of relevant data Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with the data referred to in point 12 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 2010 and 2011 management periods, using the data format specified in Tables IV and V. Table II Reporting format kW-day information by year Member State Gear Year Cumulative effort declaration (1) (2) (3) (4)

Table III Data format kW-day information by year Name of field Maximum number of characters/digits Alignment (4) L(eft)/R(ight) Definition and comments (1) Member State 3 Member State (Alpha-3 ISO code) in which the vessel is registered (2) Gear 2 One of the following gear types: TR = trawls, Danish seines and similar gear ≥ 32 mm GN = gillnets ≥ 60 mm LL = bottom longlines (3) Year 4 Either 2006 or 2007 or 2008 or 2009 or 2010 or 2011 (4) Cumulative effort declaration 7 R Cumulative amount of fishing effort expressed in kilowatt days deployed from 1 January until 31 December of the year

Table IV Reporting format for vessel-related information Member State CFR External marking Length of management period Gear notified Special condition applying to notified gear(s) Days eligible using notified gear(s) Days spent with notified gear(s) Transfer of days No 1 No 2 No 3 … No 1 No 2 No 3 … No 1 No 2 No 3 … No 1 No 2 No 3 … (1) (2) (3) (4) (5) (5) (5) (5) (6) (6) (6) (6) (7) (7) (7) (7) (8) (8) (8) (8) (9)

Table V Data format for vessel-related information Name of field Maximum number of characters/digits Alignment (5) L(eft)/R(ight) Definition and comments (1) Member State 3 Member State (Alpha-3 ISO code) in which vessel is registered (2) CFR 12 EU fishing fleet register number Unique identification number of a fishing vessel Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters, additional zeros must be inserted on the left hand side (3) External marking 14 L Under Regulation (EEC) No 1381/87 (6) (4) Length of management period 2 L Length of the management period measured in months (5) Gears notified 2 L One of the following gear types TR = trawls, Danish seines and similar gear ≥ 32 mm GN = gillnets ≥ 60 mm LL = bottom longlines (6) Special condition applying to notified gear(s) 2 L Indication of which, if any, of the special condition referred to in point 5.2.(a) or (b) of Annex IIB that apply (7) Days eligible using notified gear(s) 3 L Number of days for which the vessel is eligible under Annex IIB for the choice of gears and length of management period notified (8) Days spent with notified gear(s) 3 L Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period (9) Transfers of days 4 L For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’ (1) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10). (2) Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ L 223, 15.8.2006, p. 1). (3) OJ L 60, 5.3.2008, p. 1. (4) Information relevant for transmission of data by fixed-length formatting. (5) Information relevant for transmission of data by fixed-length formatting. (6) Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (OJ L 132, 21.5.1987, p. 9).

ANNEX IIC FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF WESTERN CHANNEL SOLE STOCKS ICES DIVISION VIIe GENERAL PROVISIONS 1. Scope 1.1. This Annex shall apply to EU vessels of 10 metres’ length overall or more carrying on board or deploying any of the gears referred to in point 2, and present in ICES division VIIe. For the purposes of this Annex, a reference to the 2011 management period means the period from 1 February 2011 to 31 January 2012. 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 according to the fishing logbook in 2004 shall be exempt from this Annex on condition that: (a) such vessels catch less than 300 kg live weight of sole during the 2011 management period; (b) such vessels do not tranship any fish at sea to another vessel; and (c) each Member State concerned make a report to the Commission by 31 July 2011 and 31 January 2012 on these vessels’ track records for sole in 2004 and catches of sole in 2011. When either of these conditions is not met, the vessels concerned shall with immediate effect cease to be exempt from this Annex. 2. Fishing gear For the purposes of this Annex, the following groupings of fishing gears shall apply: (a) beam trawls of mesh size equal to or greater than 80 mm; (b) static nets including gill-nets, trammel-nets and tangle-nets with mesh size less than 220 mm. 3. General obligations and limitation in activity 3.1. Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009. 3.2. 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 ICES division VIIe. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS 4. Vessels concerned by fishing effort limitations 4.1. Vessels using gear types identified in point 2 and fishing in areas defined in point 1 shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94. 4.2. A Member State shall not permit fishing with a gear belonging to a grouping of fishing gears referred to in point 2 in the area by any of its vessels which have no record of such fishing activity in the years 2002 to 2010 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area. 4.3. However, a vessel with a track record of using a gear belonging to a grouping of fishing gears referred to in point 2 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 first gear. 4.4. A vessel flying the flag of a Member State having no quotas in the area defined in point 1 shall not be permitted to fish in that area with a gear belonging to a grouping of fishing gear referred to in point 2, unless the vessel is allocated a quota after a transfer as permitted in accordance with the 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. 5. Limitations in activity Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears referred to in point 2, fishing 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 point 6. NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU VESSELS 6. Maximum number of days 6.1. During the 2011 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 and used any one of the fishing gears referred to in point 2 is shown in Table I. 6.2. During the 2011 management period, a Member State may manage its fishing effort allocation according to a kilowatt days system. By that system it may authorise any vessel concerned to be present within the area for a maximum number of days which is different from that set out in Table I for any one of the groupings of fishing gears laid down in that Table, provided that the overall amount of kilowatt days corresponding to such a grouping is respected. For a specific grouping of fishing gears, the overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific grouping. 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 this point were not applied. 6.3. A Member State wishing to benefit from the system referred to in point 6.2. shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on: — 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 6.2. On the basis of that description, the Commission may authorise that Member State to benefit from the system referred to in point 6.2. 7. Management periods 7.1. A Member State may divide the days present within the area given in Table I into management periods of durations of one or more calendar months. 7.2. 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. In case that a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 3. 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 that do not coincide with the end of a 24-hours period. 8. Allocation of additional days for permanent cessations of fishing activities 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 geographical area when carrying on board any of the gears referred to in point 2 may be allocated to Member States 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 7 of Regulation (EC) No 2792/1999 or Article 23 of Regulation (EC) No 1198/2006 or Regulation (EC) No 744/2008 (1), or resulting from other circumstances duly motivated by Member States. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question 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 this calculation shall be rounded to the nearest whole day. This point 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. 8.2. Member States wishing to benefit from the allocations referred to in point 8.1. shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on: — 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 by concerned grouping of fishing gears. 8.3. On the basis of such a request the Commission may amend the number of days defined in point 6.2. for that Member State in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 8.4. During the 2011 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. 8.5. A Member State may not re-allocate in the 2011 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. 9. Allocation of additional days for enhanced scientific observer coverage 9.1. Three additional days on which a vessel may be present within the area when carrying onboard any of the groupings of fishing gear referred to in point 2 may be allocated between 1 February 2011 and 31 January 2012 to Member States 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 Regulation (EC) No 665/2008 (2) for national programmes. Observers shall be independent from the owner, the master of the fishing vessel and any crew member. 9.2. Member States wishing to benefit from the allocations referred to in point 9.1. shall submit a description of their enhanced scientific observer coverage programme to the Commission for approval. 9.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 6.1. for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 9.4. 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 wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of that programme four weeks before the beginning of the period for which the programme applies. Table I Maximum number of days a vessel may be present within the area by gear grouping per year Gear point 2 Denomination Only the gear groupings as defined in point 2 are used Western Channel 2(a) Beam trawls of mesh size ≥ 80 mm 164 2(b) Static nets with mesh size < 220 mm 164 EXCHANGES OF FISHING EFFORT ALLOCATIONS 10. Transfer of days between fishing vessels flying the flag of a Member State 10.1. A Member State may permit any of its fishing vessels flying its flag to transfer days present within the area for which it has been authorised to another of its vessels flying its flag within the area provided that the product of the days received by a vessel and 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. 10.2. The total number of days present within the area, 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. 10.3. The transfer of days as described in point 10.1. shall be permitted only between vessels operating within the same gear grouping referred to in point 2 and during the same management period. 10.4. On request from the Commission, Member States shall provide reports on the transfers that have taken place. A detailed format of spreadsheet for making these reports available to the Commission may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 11. Transfer of days between fishing vessels flying the flag of different Member States 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., 6 and 10 apply mutatis mutandis. Where Member States decide to authorise such a transfer, as a preliminary they shall notify the Commission before the transfer takes place, the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the fishing quotas relating thereto, as agreed between them. REPORTING OBLIGATIONS 12. Collection of relevant data 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 for each annual quarter the information about total fishing effort deployed within the area for towed gears and static gears and effort deployed by vessels using different types of gear in the area concerned by this Annex. 13. Communication of relevant data Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with the data referred to in point 12 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 2010 and 2011 management periods, using the data format specified in Tables IV and V. Table II Reporting format kW-day information by year Member State Gear Year Cumulative effort declaration (1) (2) (3) (4)

Table III Data format kW-day information by year Name of field Maximum number of characters/digits Alignment (3) L(eft)/R(ight) Definition and comments (1) Member State 3 Member State (Alpha-3 ISO code) in which the vessel is registered (2) Gear 2 One of the following gear types: BT = beam trawls ≥ 80 mm GN = gillnet < 220 mm TN = trammel net or entangling net < 220 mm (3) Year 4 Either 2006 or 2007 or 2008 or 2009 or 2010 or 2011 (4) Cumulative effort declaration 7 R Cumulative amount of fishing effort expressed in kilowatt days deployed from 1 January until 31 December of the year

Table IV Reporting format for vessel-related information Member State CFR External marking Length of management period Gear notified Days eligible using notified gear(s) Days spent with notified gear(s) Transfer of days No 1 No 2 No 3 … No 1 No 2 No 3 … No 1 No 2 No 3 … (1) (2) (3) (4) (5) (5) (5) (5) (6) (6) (6) (6) (7) (7) (7) (7) (8)

Table V Data format for vessel-related information Name of field Maximum number of characters/digits Alignment (4) L(eft)/R(ight) Definition and comments (1) Member State 3 Member State (Alpha-3 ISO code) in which vessel is registered (2) CFR 12 EU fishing fleet register number Unique identification number of a fishing vessel Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters, additional zeros must be inserted on the left hand side (3) External marking 14 L Under Regulation (EEC) No 1381/87 (4) Length of management period 2 L Length of the management period measured in months (5) Gears notified 2 L One of the following gear types: BT = beam trawls ≥ 80 mm GN = gillnet < 220 mm TN = trammel net or entangling net < 220 mm (6) Special condition applying to notified gear(s) 3 L Number of days for which the vessel is eligible under Annex IIC for the choice of gears and length of management period notified (8) Days spent with notified gear(s) 3 L Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period (9) Transfers of days 4 L For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’ (1) 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). (2) Commission Regulation (EC) No 665/2008 of 14 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 199/2008 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 186, 15.7.2008, p. 3). (3) Information relevant for transmission of data by fixed-length formatting. (4) Information relevant for transmission of data by fixed-length formatting.

ANNEX IID FISHING OPPORTUNITIES FOR VESSELS FISHING FOR SANDEEL IN ICES DIVISIONS IIa, IIIa AND ICES SUBAREA IV 1. The conditions laid down in this Annex shall apply to EU vessels fishing in EU waters of ICES divisions IIa, IIIa and ICES subarea IV with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm. 2. The conditions laid down in this Annex shall apply to third-country vessels authorised to fish for sandeel in EU waters of ICES subarea IV unless otherwise specified, or as a consequence of consultations between the Union and Norway as set out in the Agreed Record of conclusions between the European Union and Norway. 3. For the purposes of this Annex, sandeel management areas shall be as shown below and in the Appendix to this Annex: Sandeel management area ICES statistical rectangles 1 31-34 E9-F2; 35 E9- F3; 36 E9-F4; 37 E9-F5; 38-40 F0-F5; 41 F5-F6 2 31-34 F3-F4; 35 F4-F6; 36 F5-F8; 37-40 F6-F8; 41 F7-F8 3 41 F1-F4; 42-43 F1-F9; 44 F1-G0; 45-46 F1-G1; 47 G0 4 38-40 E7-E9; 41-46 E6-F0 5 47-51 E6 + F0-F5; 52 E6-F5 6 41-43 G0-G3; 44 G1 7 47-51 E7-E9 4. Based on advice from ICES and the STECF on the fishing opportunities for sandeel in each of the sandeel management areas defined in point 3, the Commission will endeavour to revise the TACs and quotas and the special conditions for sandeel in EU waters of ICES divisions IIa and IIIa and ICES subarea IV, as laid down in Annex I, by 1 March 2011. 5. Commercial fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited from 1 January until 31 March 2011 and from 1 August until 31 December 2011. Appendix 1 to Annex IID Sandeel Management Areas

ANNEX III Maximum number of fishing authorisations for EU vessels fishing in third-country waters Area of fishing Fishery Number of fishing authorisations Allocation of fishing authorisations amongst Member States Maximum number of vessels present at any time Norwegian waters and fishery zone around Jan Mayen Herring, north of 62° 00′ N 93 DK: 32, DE: 6, FR: 1, IE: 9, NL: 11, PL: 1, SV: 12, UK: 21 69 Demersal species, north of 62° 00′ N 80 DE: 16, IE: 1, ES: 20, FR: 18, PT: 9, UK: 14 50 Mackerel 70 (1) Industrial species, south of 62° 00′ N 480 DK: 450, UK: 30 150 (1) Without prejudice to additional licences granted to Sweden by Norway in accordance with established practice.

ANNEX IV ICCAT CONVENTION AREA 1. Maximum number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic Spain 63 France 44 EU 107 2. Maximum number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean Spain 139 France 86 Italy 35 Cyprus 25 Malta 83 EU 368 3. Maximum number of EU vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes Italy 68 EU 68 4. Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean (1). Table A Number of fishing vessels Cyprus Greece Italy France Spain Malta Purse Seiners 1 1 9 (2) 17 6 0 Longliners 10 (3) 0 30 0 81 83 Baitboat 0 0 0 8 61 0 Handline 0 0 0 29 2 0 Trawler 0 0 0 78 (4) 0 0 Other artisanal 0 250 (5) 0 87 33 0 Table B Total capacity in gross tonnage Cyprus Greece Italy France Spain Malta Purse Seiners pm pm pm pm pm pm Longliners pm pm pm pm pm pm Baitboat pm pm pm pm pm pm Handline pm pm pm pm pm pm Trawler pm pm pm pm pm pm Other artisanal pm pm pm pm pm pm 5. Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State Number of traps Spain 6 Italy 6 Portugal 1 (6) 6. Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may a