(4)

The following articles are inserted: ‘Article 11a Exclusion of fishing effort deployed in certain areas, depth or by certain gears 1. Fishing effort deployed by a vessel during a trip may be excluded by the Member States for as long as one of the following conditions is met : [Am. 9] (a) the entire fishing activity of that trip by the vessel concerned is carried out outside cod-distribution areas as listed in accordance with paragraph 2; or (b) the entire fishing activity of that trip by the vessel concerned is carried out at a depth greater than 300 m; or (c) during that trip the fishing vessel concerned uses one type of regulated gear on board and that gear is listed in accordance with paragraph 2 ; if the vessel carries other gear on board during the fishing trip, it shall be stowed in accordance with Article 47 of Regulation (EC) No 1224/2009 . [Am. 10] 2. Based on the information provided by Member States pursuant to paragraph 3, and in accordance with scientific advice, the Council shall establish a list of areas outside cod-distribution areas and a list of gears the technical attributes of which result in cod catches of less than 1,5 % of the total catches measured by weight. Once a gear or area, submitted by a Member State, is approved, it shall be possible for other Member States to use it. [Am. 11] 3. Member States shall provide appropriate information to allow the Commission to assess whether an area or a gear shall be on the list of areas and the list of gears referred to in paragraph 2. 4. The Commission may adopt implementing acts laying down detailed rules concerning the format and procedure for the transmission to the Commission of the information referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32. Article 11b Adjustment of the baseline for the calculation of the maximum allowable fishing effort 1. Fishing effort referred to in Article 11a(1) that contributed to the establishment of the baseline referred to in Article 12(2)(a) shall be deducted from the baseline pursuant to this Article. 2. Requests for the adjustment of the baseline referred to in paragraph 1 shall be submitted by Member States to the Commission by 31 December of each year . [Am. 12] 3. The adjusted baseline shall be used to recalculate the maximum allowable fishing effort level for the effort group concerned by applying the annual percentage adjustments applied since the entry into force of the plan. 4. The exclusion of fishing effort referred to in Article 11a may be applied to the relevant effort group only after the maximum allowable fishing effort has been recalculated in accordance with this Article. 5. The Commission may adopt implementing acts laying down detailed rules concerning the format and procedure for the transmission to the Commission of the requests referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32. Article 11c Exclusion of vessels participating in trials of a fully documented fishery 1. Fishing effort deployed by a vessel when participating in trials of a fully documented fishery whereby all cod catches including discards are counted against the quota may be excluded by the Member States from the fishing effort regime. 2. When paragraph 1 is applied, Member States shall adjust the maximum allowable fishing effort set pursuant to Article 12(1) for the effort group concerned The Commission shall adopt implementing acts laying down detailed rules concerning the adjustment of the maximum allowable fishing effort referred to in the first sentence. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32. [Am. 13] 3. Member States shall notify to the Commission any adjustment of the maximum allowable fishing effort made pursuant to paragraph 2. The notification shall include details of the vessels excluded and the amount of fishing effort deducted both at aggregated and at vessel level. [Am. 14] 5. The Commission may adopt implementing acts laying down detailed rules concerning the format and procedure for the notification referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32. Article 11d Measures on exclusions previously obtained [Am. 15] Exclusions from the fishing effort regime that were already in force prior to … (6) shall continue to apply for as long as the conditions under which those exclusions were granted remain fulfilled. Member States shall provide annually to the Commission any relevant information enabling it to establish that those conditions remain fulfilled.’[Am. 16] (6) Date of entry into force of this Regulation. "