2008/983/EC: Commission Decision of 9 December 2008 authorising the United Kingdom to benefit from a provision laid down in point 8.5 of Annex IIA to Council Regulation (EC) No 40/2008 as regards a fishing effort pool system for trawlers and similar fishing vessels operating in the North Sea and to the west of Scotland (notified under document number C(2008) 7801)
Date: 2008-12-09
Institutions: European Commission
Subjects: EU waters, Scotland, fishery management, fishing regulations, fishing vessel, maritime shipping

L 352/36

EN

Official Journal of the European Union

31.12.2008

COMMISSION DECISION

of 9 December 2008

authorising the United Kingdom to benefit from a provision laid down in point 8.5 of Annex IIA to
Council Regulation (EC) No 40/2008 as regards a fishing effort pool system for trawlers and similar
fishing vessels operating in the North Sea and to the west of Scotland

(notified under document number C(2008) 7801)

(Only the English text is authentic)

(2008/983/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

the Commission’s authorisation for implementing such
an alternative fishing effort management system.

(5)

(6)

(7)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 40/2008 of
16 January 2008 fixing for 2008 the fishing opportunities
and associated conditions for certain fish stocks and groups
for
fish stocks, applicable in Community waters and,
of
in waters where catch limitations are
Community vessels,
required (1), and in particular
the second subparagraph of
point 8.7 of Annex IIA thereto,

Having regard to the request made by the United Kingdom,

Whereas:

(1)

(2)

(3)

Points 8 and 14 of Annex IIA to Regulation (EC) No
40/2008 specify the maximum allowable fishing effort
by defining maximum number of days at sea for which
Community vessels of length overall equal to or greater
than 10 metres carrying on board certain types of gear
may be present within certain areas ranging from the
Kattegat to the west of Scotland.

that Annex enables a Member State to
Point 8.5 of
manage, during the 2008 management period,
its
fishing effort allocations according to a kilowatt-day
system. Such a management system allows allocating to
fishing vessels a maximum number of days at sea
different
from those set out in that Annex, provided
that the overall amounts of kilowatt-days corresponding
to the combination of gear grouping and operational
area to which the vessels belong is respected.

Point 8.6 of that Annex specifies that such a reallocation
of days at sea shall be made with a view to a more
fishing opportunities or in order to
efficient use of
stimulate fishing practices that lead to reduced discards
and lower fishing mortality of both juvenile and adult
fish.

(4)

Point 8.7 of that Annex provides the level of data detail
that is requested from a Member State wishing to obtain

(1) OJ L 19, 23.1.2008, p. 1.

The United Kingdom has submitted a request
to the
Commission with letters dated 14 April, 2 May and 22
July, and with electronically formatted reports sent May,
August and September 2008 as regards such an alter­
native management
system in the United Kingdom,
applying to fishing vessels using trawls or Danish
seines with a mesh size of either between 70 and
89 mm or of 100 mm and more, operating in EC
waters of the Norwegian Sea, the North Sea or to the
west of Scotland (ICES areas IIa, IVa to IVc or VIa). That
request and reports contained the information and data
required under point 8.7 of Annex IIA to Regulation (EC)
No 40/2008,
the scope, outline,
calculation, operation, monitoring and evaluation of
that system.

in particular about

The United Kingdom’s system applies initially to 867
vessels. Their aggregated effort maxima during the
2008 management period are 21 095 690 kilowatt-
days for the gear groupings in the range of 70 to
89 mm mesh size operating in any of
the areas
mentioned, and 27 867 735 kilowatt-days for the gear
groupings in a range of 100 mm or more mesh size
operating in any of the areas mentioned.
In view of
the lower amount of days at sea available to the gear
groupings of mesh sizes ranging from 100 mm when
operating to the west of Scotland, a sub-ceiling of
24 622 862 kilowatt-days is applicable to their fishing
trips to the west of Scotland. Therefore, the conditions
provided for in point 8.5 of Annex IIA to Regulation
(EC) No 40/2008 are fulfilled by that system.

that

evaluated

The Commission has
system and
concluded that it serves the objectives set out in point
8.6 of Annex IIA to Regulation (EC) No 40/2008. The
system reallocates the days with a view to more efficient
use of fishing opportunities and in order to stimulate
fishing practices
lead to reduced discards and
lower fishing mortality of both juvenile and adult fish
that
as
system, the participating vessels are obliged to support
specific conservation measures. These differ slightly in
concept and importance according to the regions, and
comprise the following components:
respecting real-
time area closures that have been established upon the

that point. Moreover, under

required under

that

31.12.2008

EN

Official Journal of the European Union

L 352/37

detection of cod aggregations; using larger square mesh
panels in order to increase whitefish selectivity; taking
part in trials for more selective gears; and using only
one gear instead of several during a trip. The impact of
these measures will have to be evaluated at a later stage.

(8)

(9)

One of the incentives for fishermen to participate in the
system is the allocation of steady effort compared to the
‘conservation
management period 2007, known as
credits’ in Scotland, despite the reduction in maximum
number of days at sea that apply to trawlers in the North
Sea and to the west of Scotland for the management
period 2008.

fishing effort of

Therefore the United Kingdom’s effort pool system of
management in EC waters of ICES areas IIa, IVa to IVc
trawls, Danish seines and
and VIa,
similar gears, except beam trawls, of mesh size either
equal to or larger than 70 mm and less than 90 mm
or equal to or larger than 100 mm by way of allocating
and monitoring kilowatt-days should be authorised for
the management period 2008,

HAS ADOPTED THIS DECISION:

Article 1

The United Kingdom’s effort pool system of management in EC
waters of ICES areas IIa, IVa to IVc and VIa, fishing effort of
trawls, Danish seines and similar gears, except beam trawls, of
mesh size either equal to or larger than 70 mm and less than
90 mm or equal to or larger than 100 mm by way of allocating
and monitoring kilowatt-days, submitted on 14 April, 2 May
is hereby authorised for the management
and 22 July 2008,
period 2008.

Article 2

This Decision is addressed to the United Kingdom of Great
Britain and Northern Ireland.

Done at Brussels, 9 December 2008.

For the Commission

Joe BORG
Member of the Commission