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2.2. The window shall be at least three meters in length. The meshes shall have a minimum opening of 140 mm. The meshes shall be square meshes i.e. all four sides of the window netting will be cut bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend.

2.3. The netting of square-meshed panel shall be knotless single twine. The window shall be inserted in such a way that the meshes remain fully open at all times when fishing. The window shall not be obstructed in any way by either internal or external attachments. Appendix 3 to Annex IIA 1. A copy of the special permits referred to in point 13.1 of this Annex shall be kept on board the fishing vessel.

2. When holding the special fishing permit the vessel shall only keep on board and use a towed net with an escape window as specified in point 3 of this Appendix inserted in a codend with a mesh size equal or larger than 95 mm and with a minimum of 80 open meshes and a maximum of 100 meshes in the circumference. The gear shall be approved by the national inspectors before commencing fishing.

3. Escape window

3.1. The window shall be inserted in the top panel. There shall be no more than two open diamond meshes between the posterior row of meshes in the side of the window and the adjacent selvedge. The window shall terminate no more than 4 metres from cod-line. The joining rate shall be three diamond meshes to one square mesh.

3.2. The window shall be at least five meters in length. The meshes shall have a minimum opening of 120 mm. The meshes shall be square meshes i.e. all four sides of the window netting will be cut bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend.

3.3. The netting of square-meshed panel shall be knotless single twine. The window shall be inserted in such a way that the meshes remain fully open at all times when fishing. The window shall not be obstructed in any way by either internal or external attachments.

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 ICES zones IIIa, IV, VIa, VIIa, VIId and EC waters of ICES zone IIa. For the purposes of this Annex, a reference to the 2008 management period means the period from 1 February 2008 to 31 January 2009.

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

(a) Kattegat;

(b) (i) Skagerrak;

(ii) that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EC waters of ICES zone IIa;

(iii) ICES zone VIId;

(c) ICES zone VIIa;

(d) ICES zone 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 zone VIa shall apply:

ICES zone VIa excluding that part of ICES zone VIa that lies to west of a line drawn by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system: 60°00′N, 04°00′W 59°45′N, 05°00′W 59°30′N, 06°00′W 59°00′N, 07°00′W 58°30′N, 08°00′W 58°00′N, 08°00′W 58°00′N, 08°30′W 56°00′N, 08°30′W 56°00′N, 09°00′W 55°00′N, 09°00′W 55°00′N, 10°00′W 54°30′N, 10°00′W 3. Definition of day 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 areas defined in point 2.1 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. Fishing gears 4.1. 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 than 16 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 150 mm;

(iii) equal to or larger than 150 and less than 220 mm;

(iv) equal to or larger than 220 mm;

(d) Trammel nets;

(e) Longlines.

4.2. For the purposes of this Annex and referring to the geographical areas defined in point 2.1 and the groupings of fishing gears defined in point 4.1, the following transfer groups are defined:

(a) grouping of fishing gears 4.1.a.i within any area;

(b) groupings of fishing gears 4.1.a.ii within any area and 4.1.a.iii in part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, ICES zones IV, VIa, VIIa, VIId and EC waters of ICES zone IIa;

(c) groupings of fishing gears 4.1.a.iii in Skagerrak and Kattegat, 4.1.a.iv and 4.1.a.v within any area;

(d) groupings of fishing gears 4.1.b.i, 4.1.b.ii, 4.1.b.iii, and 4.1.b.iv within any area;

(e) groupings of fishing gears 4.1.c.i, 4.1.c.ii, 4.1.c.iii, 4.1.c.iv and 4.1.d within any area;

(f) grouping of fishing gears 4.1.e within any area. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS 5. Vessels concerned by fishing effort limitations 5.1. Vessels using gear types identified in point 4.1 and fishing in areas defined in point 2 shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

5.2. A Member State shall not permit fishing with a gear belonging to a grouping of fishing gears defined in point 4.1 in any geographical area defined in point 2.1 by any vessels flying its flag which have no record of such fishing activity in the years 2001, 2002, 2003, 2004, 2005, 2006 or 2007 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 geographical area in question.

5.3. However, a vessel with a track record of using a gear belonging to any grouping of fishing gears defined in point 4.1 may be authorized to use any other 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.

5.4. By way of derogation from point 5.3, a vessel may be authorised to use gears belonging to groupings from points 4.1.(a)(iv) and 4.1.(a)(v) provided the special condition laid down in 8.3.(c) is met.

5.5. A vessel flying the flag of a Member State having no quotas in a geographical area defined in point 2.1 shall not be permitted to fish in that area with a gear belonging to a grouping of fishing gears defined in point 4.1, unless the vessel is allocated a quota after a transfer in accordance with Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to points 15 or 16 of this Annex. ◄ 6. Limitations in activity Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears referred to in point 4.1, fishing vessels flying its flag and registered in the Community shall be present within a geographical area defined in point 2.1 for no more than the number of days set out in point 8.

7. Exceptions

A Member State shall not count against the days present within an area allocated to any of vessels flying its flag under this Annex either 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 or any days when a 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. NUMBER OF DAYS ABSENT FROM PORT ALLOCATED TO FISHING VESSELS 8. Maximum number of days 8.1. During the 2008 management period, the maximum number of days at sea for which a Member State may authorize a vessel flying its flag to be present within any one of the geographical areas defined as in point 2.1 having carried on board any one of the fishing gears referred to in point 4.1 is shown in Table I.

8.2. When fishing in the Kattegat, a day present in the area during the period between 1 February 2008 and 30 April 2008 shall be counted as 2.5 days.

8.3. For the purpose of fixing the maximum number of days at sea a fishing vessel may be authorized by its flag Member State to be present within any one of the geographical areas defined in point 2.1 of this Annex, the following special conditions shall apply during the 2008 management period 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 to Annex III and catches retained on board evaluated in live weight and consigned in the Community logbook shall consist of less than 5 % of cod and of more than 70 % of Norway lobster.

(c) Catches retained on board shall consist of less than 5 % of cod.

(d) Catches retained on board shall consist of less than 5 % of cod, sole and plaice.

(e) Catches retained on board shall consist of less than 5 % of cod and more than 60 % of plaice.

(f) Catches retained on board shall consist of less than 5 % of cod and more than 5 % of turbot and lumpsucker.

(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.