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1. Scope The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres, carrying on board any of the gears defined in point 4 and present in Area IV and Divisions IIa (EC waters) , IIIa, VIa, VIIa and VIId. For the purposes of this Annex, a reference to the year 2006 means the period from 1 February 2006 to 31 January 2007.

2. Definitions of geographical areas 2.1. For the purposes of this Annex, the geographical area, representing all of following areas, shall apply:

(a) Kattegat (b) Skagerrak, Area IV, and Divisions IIa (EC waters), and VIId (c) Division VIIa (d) Division Via 2.2. For vessels notified to the Commission as being equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003, the following definition of ICES Division VIa shall apply: Division VIa excluding that part of Division VIa that lies to the west of a line drawn by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system: 60o00'N, 04o00'W 59o45'N, 05o00'W

59o30'N, 06o00'W 59o00'N, 07o00'W 58o30'N, 08o00'W 58o00'N, 08o00'W 58o00'N, 08o30'W 56o00'N, 08o30'W 56o00'N, 09o00'W 55o00'N, 09o00'W 55o00'N, 10o00'W 54o30'N, 10o00'W 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.

4. Definition of fishing gear For the purpose of this Annex, the following groupings of fishing gears shall apply:

(a) Trawls, Danish seines and similar gears, except beam trawls, of mesh size:

(i) equal to or larger than16 mm and less than 32 mm;

(ii) equal to or larger than 70 mm and less than 90 mm;

(iii) equal to or larger than 90 mm and less than 100 mm;

(iv) equal to or larger than 100 mm and less than 120 mm;

(v) equal to or larger than 120 mm;

(b) Beam trawls of mesh size:

(i) equal to or larger than 80 mm and less than 90 mm;

(ii) equal to or larger than 90 mm and less than 100 mm;

(iii) equal to or larger than 100 mm and less than 120 mm;

(iv) equal to or larger than 120 mm; c. Gillnets, entangling nets with mesh size, except trammel nets:

(i) less than 110 mm;

(ii) equal to or larger than 110 mm and less than 220 mm;

(iii) equal to or larger than 220 mm;

(d) Trammel nets.

(e) Longlines. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS 5. Obligations of the Member States Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 4, fishing vessels flying its flag and registered in the Community shall be present within an area defined in point 2 for no more than the number of days set out in point 8.

6. Levels of fishing effort

6.1. A Member State shall not permit fishing with a gear defined in point 4 in any areas defined in point 2 by any vessels flying its flag which have no record of such fishing activity in the years 2001, 2002, 2003, 2004 or 2005 in that 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 in question. However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, 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.

6.2 A vessel flying the flag of a Member State having no quotas in an area defined in point 2 shall not be permitted to fish with a gear defined in point 4 in that area, unless the vessel is allocated a quota after a transfer as permitted according to Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 15 of this Annex.

7. Calculation of fishing effort

A Member State shall not count against the days present within an area allocated to any of vessels flying its flag under this Annex any days when the vessel was present within an area but unable to fish because it was assisting another vessel in need of emergency aid nor any days when the vessel has been present within an area but unable to fish because it is transporting an injured person for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from competent authorities.

8. Maximum number of days 8.1. For the purpose of fixing the maximum number of days a fishing vessel may be present within the area, the following special conditions shall apply in accordance with Table I:

(a) The vessel must comply with the conditions laid down in Appendix 1 (b) The vessel must comply with the conditions laid down in Appendix 2

(c) The total landings of cod in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5% of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

(d) The total landings of cod, sole and plaice in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5% of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

(e) The total landings in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5% cod and more than 60% plaice of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

(f) The total landings in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5% cod and more than 5% turbot and lumpsucker of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

(g) The vessel must be equipped with a trammel net of mesh size ≤ 110 mm and must be absent from port for no more than 24 hours at a time.

(h) The vessel must fly the flag and be registered in a Member State having developed a system, approved by the Commission, of automatic suspension of fishing licences in respect of infringements by vessels qualifying for this special condition.

(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.

(j) The vessel must comply with conditions laid down in Appendix 3.

(k) The total landings in 2002 made by the vessel or by the vessels using similar gears and qualifying for this special condition mutatis mutandis that it has replaced in accordance with Community law, must represent less than 5% cod and more than 60% plaice of the total landings in live weight consigned in the Community logbook during the May - October period. At least 55% of the maximum number of days available under this special condition shall apply in the area east of 4°30'W in the months of May to October inclusive.

8.2. The maximum number of days per year for which a vessel may be present within any one of the areas defined as in point 2 having carried on board any one of the fishing gears referred to in point 4 is shown in Table I.

8.3. The maximum number of days per year for which a vessel may be present within any combination of areas defined in point 2 may not be higher than the highest number of days allocated for one of the areas composing it.

8.4. A day present within an area defined in point 2 of this Annex shall also count against the total number of days present within the area defined in point 1 of Annex IIC for a vessel operating with the same gear categories.

8.5. Where a vessel crosses between two or more areas on a fishing trip the day shall be counted against the area in which the largest proportion of time was spent during that day.

9. Management periods 9.1. A Member State may divide the days within an area given in Table I into management periods of durations of one or more calendar months.

9.2. The number of days for which a vessel may be present within any of the areas defined in point 2 during a management period shall be fixed at the discretion of the Member State concerned.

9.3. In any given management period a vessel that has used the number of days present within the area for which it is eligible shall remain in port or out of any area referred to in point 2 for the remainder of the management period unless using only unregulated gear as described in point 18.

10. Allocation of additional days for permanent cessation of fishing activities