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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 the Skagerrak, Kattegat and ICES zones IV, VIa, VIIa, VIId and EC waters of ICES zone IIa. For the purposes of this Annex, a reference to the year 2007 means the period from 1 February 2007 to 31 January 2008.

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, ICES zones IV and VIId and EC waters of ICES zone IIa;

(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: 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 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 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 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 gear 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 zones IV, VIa, VIIa, VIId and EC waters of 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. A Member State shall not permit fishing with a gear belonging to a grouping of fishing gear 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 or 2006 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 belonging to a grouping of fishing gear defined in point 4.1 may be authorized to use a 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.

5.2 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 gear 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 point 15 of this Annex.

6. Limitations in activity Each Member State shall ensure that, when carrying on board any of the groupings of fishing gear 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. 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 to Annex III and the catch retained onboard shall consist of less than 5 % of cod and of more than 70 % of Norway lobster ◄ .

(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. Alternatively, the condition may be met that in any fishing trip during 2007 the catches of cod, sole and plaice must represent less than 5 % of the total catch during that trip and that an observer is permanently on board.

(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 must have been present in the area in the year 2003, 2004, 2005 or 2006 with fishing gear on board referred to in point 4.1.b. In 2007 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 4.1.b.iii or 4.1.b.iv.

(j) The vessel must comply with conditions laid down in Appendix 2.

(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 4o30'W in the months of May to October inclusive.

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

8.2 The maximum number of days per year for which a vessel may 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.

8.3. The maximum number of days per year for which a vessel may be present within any combination of geographical areas defined in point 2.1 may not be higher than the highest number of days allocated for one of the areas composing it.