(3)

in Annex IIA: (a) Point 3 shall be replaced by the following: ‘3. Definition of days present within an area For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the geographical area defined in point 2 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.’; (b) Point 8.1.(i) shall be replaced by the following: ‘(i) The vessel shall have been present in the area in the year 2003, 2004 or 2005 with fishing gear on board referred to in point 4.b. In 2006 the quantities of cod retained on board shall represent less than 5 % of the total landings of all species made by the vessel according to the landings in live weight recorded in the Community logbook. During a management period when a vessel is making use of this provision the vessel may not at any time carry on board fishing gear other than that specified in points 4.b.iii or 4.b.iv.’; (c) Point 13, Table I shall be replaced by the following: ‘TABLE I Maximum days a vessel may be present in 2006 within an area by fishing gear Areas as defined in point: Gear group Point 4 Special condition Point 8 Denomination (7) 2.1.a Kattegat 2.1.b 1 — Skaggerak 2 — II, IVa,b,c 3 — VIId 2.1.c VIIa 2.1.d VIa 1 2 3 4.a.i Trawls or Danish seines with mesh size ≥ 16 and < 32 mm 228 (8) 228 (8) 228 228 4.a.ii Trawls or Danish seines with mesh size ≥ 70 and < 90 mm n.r. n.r. 227 227 227 4.a.iii Trawls or Danish seines with mesh size ≥ 90 and < 100 mm 103 103 227 227 227 4.a.iv Trawls or Danish seines with mesh size ≥ 100 and < 120 mm 103 103 114 91 4.a.v Trawls or Danish seines with mesh size ≥ 120 mm 103 103 114 91 4.a.iii 8.1.a Trawls or Danish seines with mesh size ≥ 90 and < 100 mm with a 120 mm square mesh window 137 137 227 227 227 4.a.iv 8.1.a Trawls or Danish seines with mesh size ≥ 100 and < 120 mm with a 120 mm square mesh window 137 137 103 114 91 4.a.v 8.1.a Trawls or Danish seines with mesh size ≥ 120 mm with a 120 mm square mesh window 137 137 103 114 91 4.a.v 8.1.j Trawls or Danish seines with mesh size ≥ 120 mm with a 140 mm square mesh window 149 149 115 126 103 4.a.ii 8.1.b Trawls or Danish seines with mesh size ≥ 70 and < 90 mm complying with the conditions laid down in Appendix 2 Unlimited Unlimited Unl. Unl. 4.a.iii 8.1.b Trawls or Danish seines with mesh size ≥ 90and < 100 mm complying with the conditions laid down in Appendix 2 Unlimited Unlimited Unl. Unl. 4.a.iv 8.1.c Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod 148 148 148 148 4.a.v 8.1.c Trawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod 160 160 160 160 4.a.iv 8.1.k Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice n.r. n.r. 166 n.r. 4.a.v 8.1.k Trawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice n.r. n.r. 178 n.r. 4.a.v 8.1.h Trawls or Danish seines with mesh size ≥ 120 mm operating under a system of automatic suspension of fishing licences 115 115 126 103 4.a.ii 8.1.d Trawls or Danish seines with mesh size ≥ 70 and < 90 mm track records represent less than 5 % of cod, sole and plaice 280 280 280 280 4.a.iii 8.1.d Trawls or Danish seines with mesh size ≥ 90 and < 100 mm track records represent less than 5 % of cod, sole and plaice Unlimited Unl. 280 280 280 4.a.iv 8.1.d Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records represent less than 5 % of cod, sole and plaice Unlimited Unlimited Unl. Unl. 4.a.v 8.1.d Trawls or Danish seines with mesh size > 120 mm track records represent less than 5 % of cod, sole and plaice Unlimited Unlimited Unl. Unl. 4.a.v 8.1.h 8.1.j Trawls or Danish seines with mesh size > 120 mm with a 140 mm square mesh window and operating under a system of automatic suspension of fishing licenses n.r. n.r. 127 138 115 4.b.i Beam trawls with mesh size ≥ 80 and < 90 mm n.r. 143 (8) Unl. 143 143 (8) 4.b.ii Beam trawls with mesh size ≥ 90 and < 100 mm n.r. 143 (8) Unl. 143 143 (8) 4.b.iii Beam trawls with mesh size ≥ 100 and < 120 mm n.r. 143 Unl. 143 143 4.b.iv Beam trawls with mesh size ≥ 120 mm n.r. 143 Unl. 143 143 4.b.iii 8.1.c Beam trawls with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod n.r. 155 Unl. 155 155 4.b.iii 8.1.i Beam trawls with mesh size ≥ 100 and < 120mm for vessels having used beam trawls in 2003, 2004 or 2005 n.r. 155 Unl. 155 155 4.b.iv 8.1.c Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod n.r. 155 Unl. 155 155 4.b.iv 8.1.i Beam trawls with mesh size ≥ 120 mm for vessels having used beam in 2003, 2004 or 2005 n.r. 155 Unl. 155 155 4.b.iv 8.1.e Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice n.r. 155 Unl. 155 155 4.c.i 4.c.ii 4.c.iii 4.d Gillnets and entangling nets with mesh sizes: — < 110 mm — ≥ 110 mm and < 220 mm — ≥ 220 mm and trammel nets 140 140 140 140 4.c.iii 8.1.f Gillnets and entangling nets with mesh size ≥ 220 mm track records shall represent less than 5 % of cod and more than 5 % of turbot and lumpsucker 162 140 162 140 140 140 4.d 8.1.g Trammel nets with mesh size < 110 mm. The vessel shall be absent from the port no more than 24 h 140 140 205 140 140 4.e Long-lines 173 173 173 173 n.r. means non relevant.’ (d) Point 14.3 shall be replaced by the following: ‘14.3. For the purposes of this Annex and referring to the areas defined in point 2 and the groupings of fishing gears defined in point 4, the following transfer groups shall be defined: (a) grouping of fishing gears 4.a.i within any area; (b) groupings of fishing gears 4.a.ii within any area and 4.a.iii in Area IV, Divisions IIa (EC waters) VIa, VIIa and VIId; (c) groupings of fishing gears 4.a.iii in Kattegat and Skagerak, 4.a.iv and 4.a.v within any area; (d) groupings of fishing gears 4.b.i, 4.b.ii, 4.b.iii, and 4.b.iv within any area; (e) groupings of fishing gears 4.c.i, 4.c.ii, 4.c.iii and 4.d within any area; (f) grouping of fishing gears 4.e within any area.’; (e) Point 14.6 shall be replaced by the following: ‘14.6. On request from the Commission, Member States shall provide information on the transfers that have taken place. With the purpose of making this information available to the Commission, a detailed format of spreadsheet may be adopted, in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.’; (f) Point 17.2 shall be replaced by the following: ‘17.2. Whenever the master of a vessel or his representative notifies the use of more than one of the groupings of fishing gears defined under point 4, the total number of days available during the year shall be no more than the arithmetic mean of the days corresponding to each gear grouping in accordance with Table I, rounded down to the nearest whole day.’; (g) the following points shall be inserted: ‘17.2.a. If one of the gear groupings notified has no limitation in number of days, then the total number of days available during the year for this particular gear grouping shall remain unlimited. 17.2.b. At any moment, a vessel may use one of the gear groupings notified, which have a limited number of days, subject to the condition that the total number of days spent fishing with whichever gear grouping since the beginning of the year shall be: (a) no more than the number of days available under point 17.2; and (b) no more than the number of days that would be allocated if that gear was used in isolation in accordance with Table I. 17.2.c. Whenever a Member State chooses to divide the days into management periods in accordance with point 9, the conditions of points 17.2, 17.2.a. and 17.2.b. shall apply mutatis mutandis for each future management period. If a Member State has chosen one management period of the duration of a year, the conditions of points 17.2.a. and 17.2.b. shall not apply.’; (h) Point 17.4 shall be replaced by the following: ‘17.4. Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the requirements referred to in point 17.3. Any vessel found not to be complying with these requirements shall with immediate effect no longer be permitted to use more than one grouping of fishing gears.’; (i) Point 25 shall be replaced by the following: ‘25. Communication of relevant data 25.1. On request from the Commission, Members States shall make available to it a spreadsheet with the data referred to in point 24 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. 25.2. A new format of spreadsheet for making the data referred to in point 24 available to the Commission may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.’;