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 of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

*Species: Northern prawn Pandalus borealis*	*Species: Northern prawn Pandalus borealis*	*Zone*: Greenland waters of NAFO 0 and 1 PRA/N01GRN
Denmark	2 000
France	2 000
EC	4 000
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
*Species: Saithe Pollachius virens*	*Species: Saithe Pollachius virens*	*Zone*: Norwegian waters of I and II POK/1N2AB.
---	---	---
Denmark	–1
Germany	3 066
Spain	–3
France	493
Portugal	–391
United Kingdom	273
EC	3 437
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
*Species: Saithe Pollachius virens*	*Species: Saithe Pollachius virens*	*Zone*: International waters of I and II POK/1/2INT
---	---	---
EC	0
TAC	Not relevant
*Species: Saithe Pollachius virens*	*Species: Saithe Pollachius virens*	*Zone*: Faroese waters of Vb POK/05B-F.
---	---	---
Belgium	49
Germany	301
France	1 463
The Netherlands	49
United Kingdom	563
EC	2 425
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
*Species: Greenland halibut Reinhardtius hippoglossoides*	*Species: Greenland halibut Reinhardtius hippoglossoides*	*Zone*: Norwegian waters of I and II GHL/1N2AB.
---	---	---
Germany	25
United Kingdom	25
EC	50
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
*Species: Greenland halibut Reinhardtius hippoglossoides*	*Species: Greenland halibut Reinhardtius hippoglossoides*	*Zone*: International waters of I and II GHL/1/2INT
---	---	---
EC	0
TAC	Not relevant
*Species: Greenland halibut Reinhardtius hippoglossoides*	*Species: Greenland halibut Reinhardtius hippoglossoides*	*Zone*: Greenland waters of V and XIV GHL/514GRN
---	---	---
Germany	6 271
Poland	–11
United Kingdom	330
EC	7 489  [^E0173]
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

Of which 824 tonnes are allocated to Norway and 75 tonnes are allocated to the Faroe Islands.

*Species: Greenland halibut Reinhardtius hippoglossoides*	*Species: Greenland halibut Reinhardtius hippoglossoides*	*Zone*: Greenland waters of NAFO 0 and 1 GHL/N01GRN
Germany	1 550
EC	2 500  [^E0174]
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

Of which 800 tonnes are allocated to Norway and 150 tonnes are allocated to the Faroe Islands.

*Species: Mackerel Scomber scombrus*	*Species: Mackerel Scomber scombrus*	*Zone*: Norwegian waters of IIa MAC/02A-N.
Denmark	9 300  [^E0175]
EC	9 300  [^E0175]
TAC	385 366  [^E0176]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

May also be fished in Norwegian waters of IV and in international waters of IIa (MAC/*4N-2A).

TAC agreed by the EC, Norway and the Faroe Islands for the northern area.

*Species: Mackerel Scomber scombrus*	*Species: Mackerel Scomber scombrus*	*Zone*: Faroese waters of Vb MAC/05B-F.
Denmark	3 001  [^E0177]
EC	3 001  [^E0177]
TAC	385 366  [^E0178]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

May be fished in EC waters of IVa (MAC/*04A.).

TAC agreed by the EC, Norway and the Faroe Islands for the northern area.

Species: Redfish Sebastes spp.	Species: Redfish Sebastes spp.	Zone: EC and international waters of V; international waters of XII and XIV RED/51214.
Estonia	210 [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
Germany	4 266  [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
Spain	749 [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
France	398 [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
Ireland	1 [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
Latvia	76 [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
Netherlands	2 [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
Poland	384 [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
Portugal	896 [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
United Kingdom	10 [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
EC	6 992  [^E0179]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
TAC	46 000	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

No more than 65 % of the quota can be taken North of 59° N and East of 36° W during the period from 1 April to 15 July 2008. No more than 30 % of the catch limits can be taken North of 59° N and East of 36° W during the period 1 April to 10 May 2008.

*Species: Redfish Sebastes* spp.	*Species: Redfish Sebastes* spp.	*Zone*: Norwegian waters of I and II RED/1N2AB.
Germany	766 [^E0180]
Spain	95 [^E0180]
France	84 [^E0180]
Portugal	405 [^E0180]
United Kingdom	150 [^E0180]
EC	1 500  [^E0180]
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

Only as by-catch.

*Species: Redfish Sebastes* spp.	*Species: Redfish Sebastes* spp.	*Zone*: International waters of I and II RED/1/2INT
EC	Not relevant [^E0181]
TAC	14 500	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

The fishery will only take place within the period 1 September to 15 November 2008. The fishery will be closed when the TAC is fully utilised by NEAFC Contracting Parties.

Species: Redfish Sebastes spp.	Species: Redfish Sebastes spp.	Zone: Greenland waters of V and XIV RED/514GRN
Germany	4 248	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
France	22	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
United Kingdom	30	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
EC	8 000  [^E0182] [^E0183]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

May only be fished by pelagic trawl. May be fished East or West. The quota may be taken in the NEAFC Regulatory Area on the condition that Greenlandic reporting conditions are fulfilled.

3 500 tonnes to be fished with pelagic trawl are allocated to Norway and 200 tonnes are allocated to the Faeroe Islands.

Species: Redfish Sebastes spp.	Species: Redfish Sebastes spp.	Zone: Icelandic waters of Va RED/05A-IS
Belgium	100 [^E0184] [^E0185]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
Germany	1 690  [^E0184] [^E0185]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
France	50 [^E0184] [^E0185]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
United Kingdom	1 160  [^E0184] [^E0185]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
EC	3 000  [^E0184] [^E0185]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

Including unavoidable by-catches (by-catches of cod not permitted).

To be fished between July and December.

*Species: Redfish Sebastes* spp.	*Species: Redfish Sebastes* spp.	*Zone*: Faroese waters Vb RED/05B-F.
Belgium	11
Germany	1 473
France	99
United Kingdom	17
EC	1 600
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
*Species*: By-catches	*Species*: By-catches	*Zone*: Greenland waters of NAFO 0 and 1 XBC/N01GRN
---	---	---
EC	2 300  [^E0186] [^E0187]
TAC	Not relevant

By-catches are defined as any catches of species not covered by the vessel's target species indicated on the license. May be fished East or West.

Of which 120 tonnes of roundnose grenadier are allocated to Norway.

*Species*: Other species [^E0188]	*Species*: Other species [^E0188]	*Zone*: Norwegian waters of I and II OTH/1N2AB.
Denmark	–15
Germany	117 [^E0188]
France	47 [^E0188]
United Kingdom	186 [^E0188]
EC	335 [^E0188]
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

Only as by-catch.

*Species*: Other species [^E0189]	*Species*: Other species [^E0189]	*Zone*: Faroese waters of Vb OTH/05B-F.
Germany	305
France	275
United Kingdom	180
EC	760
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

Excluding fish species of no commercial value.

*Species*: Flatfish	*Species*: Flatfish	*Zone*: Faroese waters of Vb FLX/05B-F.
Germany	54
France	42
United Kingdom	204
EC	300
TAC	Not relevant	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

ANNEX IC

NORTH WEST ATLANTIC

Area of NAFO

All TACs and associate conditions are adopted in the framework of NAFO.

*Species: Cod Gadus morhua*	*Species: Cod Gadus morhua*	*Zone*: NAFO 2J3KL COD/N2J3KL
EC	0 [^E0190]
TAC	0 [^E0190]

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation (EC) No 1386/2007.

*Species: Cod Gadus morhua*	*Species: Cod Gadus morhua*	*Zone*: NAFO 3NO COD/N3NO.
EC	0 [^E0191]
TAC	0 [^E0191]

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation (EC) No 1386/2007.

*Species: Cod Gadus morhua*	*Species: Cod Gadus morhua*	*Zone*: NAFO 3M COD/N3M.
EC	0 [^E0192]
TAC	0 [^E0192]

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation (EC) No 1386/2007.

*Species: Witch flounder Glyptocephalus cynoglossus*	*Species: Witch flounder Glyptocephalus cynoglossus*	*Zone*: NAFO 2J3KL WIT/N2J3KL
EC	0 [^E0193]
TAC	0 [^E0193]

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation (EC) No 1386/2007.

*Species: Witch flounder Glyptocephalus cynoglossus*	*Species: Witch flounder Glyptocephalus cynoglossus*	*Zone*: NAFO 3NO WIT/N3NO.
EC	0 [^E0194]
TAC	0 [^E0194]

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation (EC) No 1386/2007.

*Species: American plaice Hippoglossoides platessoides*	*Species: American plaice Hippoglossoides platessoides*	*Zone*: NAFO 3M PLA/N3M.
EC	0 [^E0195]
TAC	0 [^E0195]

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation (EC) No 1386/2007.

*Species: American plaice Hippoglossoides platessoides*	*Species: American plaice Hippoglossoides platessoides*	*Zone*: NAFO 3LNO PLA/N3LNO
EC	0 [^E0196]
TAC	0 [^E0196]

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation (EC) No 1386/2007.

*Species: Short fin squid Illex illecebrosus*	*Species: Short fin squid Illex illecebrosus*	*Zone*: NAFO sub-zones 3 and 4 SQI/N34.
Estonia	128 [^E0197]
Latvia	128 [^E0197]
Lithuania	128 [^E0197]
Poland	227 [^E0197]
EC	[^E0197] [^E0198]
TAC	34 000	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

To be fished between 1 July and 31 December.

No specified Community share, an amount of 29 467 tonnes is available to Canada and the EC Member States except Estonia, Latvia, Lithuania and Poland.

*Species: Yellowtail flounder Limanda ferruginea*	*Species: Yellowtail flounder Limanda ferruginea*	*Zone*: NAFO 3LNO YEL/N3LNO.
EC	0 [^E0199] [^E0200]
TAC	15 500

Despite having access to a shared quota of 79 tonnes for the Community, it is decided to set this amount to 0. There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation (EC) No 1386/2007.

Catches taken by vessels under this quota shall be reported to the Flag Member State and forwarded to the Executive Secretary of NAFO via the Commission at 48 hour intervals.

*Species: Capelin Mallotus villosus*	*Species: Capelin Mallotus villosus*	*Zone*: NAFO 3NO CAP/N3NO.
EC	0 [^E0201]
TAC	0 [^E0201]

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation (EC) No 1386/2007.

*Species: Northern prawn Pandalus borealis*	*Species: Northern prawn Pandalus borealis*	*Zone*: NAFO 3L [^E0202] PRA/N3L.
Estonia	278 [^E0203]
Latvia	278 [^E0203]
Lithuania	278 [^E0203]
Poland	277 [^E0203]
EC	278 [^E0203] [^E0204]
TAC	25 000	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

Not including the box bounded by the following coordinates:

Point No Latitude N Longitude W 1 47°20′0 46°40′0 2 47°20′0 46°30′0 3 46°00′0 46°30′0 4 46°00′0 46°40′0

To be fished from 1 January to 31 March, 1 July to 31 December

All Member States except Estonia, Latvia, Lithuania and Poland.

*Species: Northern prawn Pandalus borealis*	*Species: Northern prawn Pandalus borealis*	*Zone*: NAFO 3M [^E0205] PRA/N3M.
TAC	not relevant [^E0206]

Vessels may also fish this stock in Division 3L in the box bounded by the following coordinates:

Point No Latitude N Longitude W 1 47°20′0 46°40′0 2 47°20′0 46°30′0 3 46°00′0 46°30′0 4 46°00′0 46°40′0

When conducting a fishery for shrimp in this box, vessels shall, whether or not crossing the line separating NAFO Divisions 3L and 3M, report in accordance with point 1.3 of the Annex to Council Regulation (EEC) No 189/92 of 27 January 1992 adopting provisions for the application of control measures adopted by the Northwest Atlantic Fisheries Organization (OJ L 21, 30.1.1992, p. 4. Regulation as last amended by Regulation (EC) No 1048/97 (OJ L 154, 12.6.1997, p. 1)).

Moreover, fishing for shrimp shall be prohibited from 1 June to 31 December 2008 in the area bounded by the following coordinates:

Point No Latitude N Longitude W 1 47°55′0 45°00′0 2 47°30′0 44°15′0 3 46°55′0 44°15′0 4 46°35′0 44°30′0 5 46°35′0 45°40′0 6 47°30′0 45°40′0 7 47°55′0 45°00′0

Not relevant. Fishery managed by limitations in fishing effort. The Member States concerned shall issue special fishing permits for their fishing vessels engaging in this fishery, and shall notify those permits to the Commission prior to the commencement of the vessel's activity, in accordance with Regulation (EC) No 1627/94. By way of derogation from Article 8 of that Regulation, permits will only become valid if the Commission has not objected within five working days following the notification.

Member State Maximum number of vessels Maximum number of fishing days Denmark 2 131 Estonia 8 1 667 Spain 10 257 Latvia 4 490 Lithuania 7 579 Poland 1 100 Portugal 1 69

Each Member State shall, within 25 days following the calendar month in which the catches are made, report monthly to the Commission the number of fishing days and the catches made in Division 3M and in the area defined in footnote ⁽¹⁾.

*Species: Greenland halibut Reinhardtius hippoglossoides*	*Species: Greenland halibut Reinhardtius hippoglossoides*	*Zone*: NAFO 3LMNO GHL/N3LMNO
Estonia	321,3
Germany	328
Latvia	45,1
Lithuania	22,6
Spain	4 396,5
Portugal	1 837,5
EC	6 951
TAC	11 856	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
*Species: Skate Rajidae*	*Species: Skate Rajidae*	*Zone*: NAFO 3LNO SRX/N3LNO.
---	---	---
Spain	6 561
Portugal	1 274
Estonia	546
Lithuania	119
EC	8 500
TAC	13 500	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

| *Species: Redfish Sebastes* spp. | *Species: Redfish Sebastes* spp. | *Zone*: NAFO 3LN RED/N3LN. |

| --- | --- | --- | | EC | 0 [^E0207] | | | TAC | 0 [^E0207] | |

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(1) of Regulation (EC) No 1386/2007.

*Species: Redfish Sebastes* spp.	*Species: Redfish Sebastes* spp.	*Zone*: NAFO 3M RED/N3M.
Estonia	1 571  [^E0208]
Germany	513 [^E0208]
Spain	233 [^E0208]
Latvia	1 571  [^E0208]
Lithuania	1 571  [^E0208]
Portugal	2 354  [^E0208]
EC	7 813  [^E0208]
TAC	8 500  [^E0208]	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

This quota is subject to compliance with the TAC of 8 500 tonnes established for this stock for all NAFO Contracting Parties. Upon exhaustion of the TAC, the directed fishery for this stock shall be stopped irrespective of the level of catches.

*Species: Redfish Sebastes* spp.	*Species: Redfish Sebastes* spp.	*Zone*: NAFO 3O RED/N3O.
Spain	1 771
Portugal	5 229
EC	7 000
TAC	20 000	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.
*Species: Redfish Sebastes* spp.	*Species: Redfish Sebastes* spp.	*Zone*: NAFO Subarea 2, Divisions IF and 3K RED/N1F3K.
---	---	---
Latvia	269
Lithuania	2 234
TAC	2 503
*Species: White hake Urophycis tenuis*	*Species: White hake Urophycis tenuis*	*Zone*: NAFO 3NO HKW/N3NO.
---	---	---
Spain	2 165
Portugal	2 835
EC	5 000
TAC	8 500	Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies.

ANNEX ID

HIGHLY MIGRATORY FISH — All areas

TACs in this area are adopted in the framework of international fisheries organisations on tuna fisheries, such as ICCAT and IATTC.

*Species: Bluefin tuna Thunnus thynnus*	*Species: Bluefin tuna Thunnus thynnus*	*Zone*: Atlantic Ocean, east of longitude 45° W, and Mediterranean BFT/AE045W
Cyprus	149,44
Greece	277,46
Spain	5 378,76
France	5 306,73
Italy	4 188,77
Malta	343,54
Portugal	506,06
All Member States	60 [^E0209]
EC	16 210,75
TAC	28 500

Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.

*Species: Swordfish Xiphias gladius*	*Species: Swordfish Xiphias gladius*	*Zone*: Atlantic Ocean, north of latitude 5° N SWO/AN05N
Spain	5 676,3
Portugal	1 071,4
All Member States	239,3  [^E0210]
EC	6 986,9
TAC	14 000

Except Spain and Portugal, and only as by-catch.

*Species: Swordfish Xiphias gladius*	*Species: Swordfish Xiphias gladius*	*Zone*: Atlantic Ocean, south of latitude 5° N SWO/AS05N
Spain	5 422,8
Portugal	357,2
EC	5 780
TAC	17 000

| *Species: Northern albacore Germo alalunga | Species: Northern albacore Germo alalunga | Zone*: Atlantic Ocean, north of latitude 5° N ALB/AN05N |

| --- | --- | --- | | Ireland | 7 958,02  [^E0211] | | | Spain | 16 961,74  [^E0211] | | | France | 7 243,99  [^E0211] | | | United Kingdom | 562,33  [^E0211] | | | Portugal | 4 324,32  [^E0211] | | | EC | 37 050,4  [^E0212] | | | TAC | 30 200 | |

The distribution between the Member States of the maximum number of fishing vessels flying the flag of a Member State authorised to fish for Northern Albacore as a target species in accordance with Article 12 of Regulation (EC) No 520/2007:

Member State Maximum number of vessels Ireland 50 Spain 730 France 151 United Kingdom 12 Portugal 310 1 253

The number of Community vessels fishing for Northern Albacore as a target species is fixed to 1 253 vessels in accordance with Article 12 of Regulation (EC) No 520/2007.

*Species: Southern albacore Germo alalunga*	*Species: Southern albacore Germo alalunga*	*Zone*: Atlantic Ocean, south of latitude 5° N ALB/AS05N
Spain	943,7
France	311
Portugal	660
EC	1 914,7
TAC	29 900
*Species: Bigeye Tuna Thunnus obesus*	*Species: Bigeye Tuna Thunnus obesus*	*Zone*: Atlantic Ocean BET/ATLANT
---	---	---
Spain	17 264,8
France	7 557,3
Portugal	6 424,9
EC	31 350
TAC	90 000
*Species: Blue marlin Makaira nigricans*	*Species: Blue marlin Makaira nigricans*	*Zone*: Atlantic Ocean BUM/ATLANT
---	---	---
EC	103
TAC	Not relevant
*Species: White marlin Tetrapturus alba*	*Species: White marlin Tetrapturus alba*	*Zone*: Atlantic Ocean WHM/ATLANT
---	---	---
EC	46,5
TAC	Not relevant

ANNEX IE

ANTARCTIC

Area of CCAMLR

These TACs, adopted by CCAMLR, are not allocated to the members of CCAMLR and hence the Community share is undetermined. Catches are monitored by the Secretariat of CCAMLR, who will communicate when fishing must cease due to TAC exhaustion.

*Species: Unicorn icefish Channichthys rhinoceratus*	*Species: Unicorn icefish Channichthys rhinoceratus*	*Zone*: FAO 58.5.2 Antarctic LIC/F5852.
TAC	150
*Species: Antarctic icefish Champsocephalus gunnari*	*Species: Antarctic icefish Champsocephalus gunnari*	*Zone*: FAO 48.3 Antarctic ANI/F483.
---	---	---
TAC	2 462  [^E0213]

This TAC is applicable for the period 15 November 2007 to 14 November 2008. Fishing for this stock during the period 1 March to 31 May 2008 shall be limited to 1 084 tonnes.

*Species: Antarctic icefish Champsocephalus gunnari*	*Species: Antarctic icefish Champsocephalus gunnari*	*Zone*: FAO 58.5.2 Antarctic [^E0214] ANI/F5852.
TAC	220 [^E0215]

For the purpose of this TAC, the area open to the fishery is defined as that portion of FAO statistical division 58.5.2 that lies within the area enclosed by a line: (a) starting at the point where the meridian of longitude 72°15′E intersects the Australia–France Maritime Delimitation Agreement Boundary then south along the meridian to its intersection with the parallel of latitude 53°25′S; (b) then east along that parallel to its intersection with the meridian of longitude 74°E; (c) then northeasterly along the geodesic to the intersection of the parallel of latitude 52°40′S and the meridian of longitude 76°E; (d) then north along the meridian to its intersection with the parallel of latitude 52°S; (e) then northwesterly along the geodesic to the intersection of the parallel of latitude 51°S with the meridian of longitude 74°30′E; and (f) then southwesterly along the geodesic to the point of commencement.

This TAC shall be applicable for the period 1 December 2007 to 30 November 2008.

*Species: Antarctic toothfish Dissostichus eleginoides*	*Species: Antarctic toothfish Dissostichus eleginoides*	*Zone*: FAO 48.3 Antarctic TOP/F483.
TAC	3 920  [^E0216]
Special conditions:	Special conditions:	Special conditions:
Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:	Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:	Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:
Management Area A: 48 W to 43 30 W — 52 30 S to 56 S (TOP/*F483A)	0
Management Area B: 43 30 W to 40 W — 52 30 S to 56 S (TOP/*F483B)	1 176
Management Area C: 40 W to 33 30 W — 52 30 S to 56 S (TOP/*F483C)	2 744

This TAC shall be applicable for long-line fishery in the period 1 May to 31 August 2008 and for pot fishery 1 December 2007 to 30 November 2008.

*Species: Antarctic toothfish Dissostichus eleginoides*	*Species: Antarctic toothfish Dissostichus eleginoides*	*Zone*: FAO 48.4 Antarctic TOP/F484.
TAC	100
*Species: Antarctic toothfish Dissostichus eleginoides*	*Species: Antarctic toothfish Dissostichus eleginoides*	*Zone*: FAO 58.5.2 Antarctic TOP/F5852.
---	---	---
TAC	2 500  [^E0217]

This TAC is applicable for West of 79°20′E only. Fishing east of this meridian within this zone is prohibited (see Annex IX).

*Species: Krill Euphausia superba*	*Species: Krill Euphausia superba*	*Zone*: FAO 48 KRI/F48.
TAC	3 470 000  [^E0218]

This TAC shall be applicable for the period 1 December 2007 to 30 November 2008.

*Species: Krill Euphausia superba*	*Species: Krill Euphausia superba*	*Zone*: FAO 58.4.1 Antarctic KRI/F5841.
TAC	440 000  [^E0219]
Special conditions:	Special conditions:	Special conditions:
Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:	Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:	Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:
Division 58.4.1 West of 115° E (KRI/*F-41W)	277 000
Division 58.4.1 East of 115° E (KRI/*F-41E)	163 000

This TAC shall be applicable for the period 1 December 2007 to 30 November 2008.

*Species: Krill Euphausia superba*	*Species: Krill Euphausia superba*	*Zone*: FAO 58.4.2 Antarctic KRI/F5842.
TAC	2 645 000  [^E0220]
Special conditions:	Special conditions:	Special conditions:
Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:	Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:	Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:
Division 58.4.2 West	1 488 000
Division 58.4.2 East of 55° E	1 080 000

This TAC shall be applicable for the period 1 December 2007 to 30 November 2008.

| *Species: Grey rockcod Lepidonotothen squamifrons | Species: Grey rockcod Lepidonotothen squamifrons | Zone*: FAO 58.5.2 Antarctic NOS/F5852. |

| --- | --- | --- | | TAC | 80 | | | *Species: Crab Paralomis* spp. | *Species: Crab Paralomis* spp. | *Zone*: FAO 48.3 Antarctic PAI/F483. | | --- | --- | --- | | TAC | 1 600  [^E0221] | |

This TAC shall be applicable for the period 1 December 2007 to 30 November 2008.

*Species: Grenadier Macrourus* spp.	*Species: Grenadier Macrourus* spp.	*Zone*: FAO 58.5.2 Antarctic GRV/F5852.
TAC	360
*Species*: Other species	*Species*: Other species	*Zone*: FAO 58.5.2 Antarctic OTH/F5852.
---	---	---
TAC	50
*Species: Skates and rays Rajidae*	*Species: Skates and rays Rajidae*	*Zone*: FAO 58.5.2 Antarctic SRX/F5852.
---	---	---
TAC	120
*Species: Squid Martialia hyadesi*	*Species: Squid Martialia hyadesi*	*Zone*: FAO 48.3 Antarctic SQS/F483.
---	---	---
TAC	2 500  [^E0222]

This TAC is applicable for the period 1 December 2007 to 30 November 2008.

ANNEX IF

SOUTH-EAST ATLANTIC OCEAN

Area of SEAFO

These TACs, are not allocated to the members of SEAFO and hence the Community share is undetermined. Catches are monitored by the Secretariat of SEAFO, who will communicate when fishing must cease due to TAC exhaustion.

| *Species: Patagonian Toothfish (Dissostichus eleginoides*) | *Species: Patagonian Toothfish (Dissostichus eleginoides*) | *Zone*: SEAFO |

| --- | --- | --- | | TAC | 260 | | | *Species: Deep-sea Red Crab (Chaceon* spp.) | *Species: Deep-sea Red Crab (Chaceon* spp.) | *Zone*: SEAFO Sub Division B1 [^E0223] | | --- | --- | --- | | TAC | 200 | |

[^E0223]: (¹)

For the purpose of this TAC, the area open to the fishery is defined as having: — its western boundary on the 0° E longitude, — its northern boundary on the latitude 20°S, — its southern boundary on the latitude 28° S, and — the eastern boundary outer limits of the Namibian EEZ.

*Species: Deep-sea Red Crab (Chaceon* spp.)	*Species: Deep-sea Red Crab (Chaceon* spp.)	*Zone*: SEAFO, excluding Sub Division B1
TAC	200

ANNEX II

ANNEX IIA

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS IN ICES ZONES IIIa, IV, VIa, VIIa, VIId AND EC WATERS OF ICES ZONE IIa

GENERAL PROVISIONS

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.

• 2.1.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

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.

• 4.1.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.

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.

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

• 8.1.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.

• (h) The vessel must fly the flag of, 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. If a system of automatic suspension that has been approved by the Commission in the past continues to apply without changes, the Member State has only to notify the Commission on the continuation of the approved system of automatic suspension of fishing licences.

• (i) The vessel must have been present in the area in the year 2003, 2004, 2005, 2006 or 2007 and equipped with fishing gear belonging to groupings referred to in point 4.1(b) In 2008 catches retained on board during each trip, evaluated in live weight and consigned in the Community logbook shall consist of less than 5 % of cod. 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) Catches retained on board shall consist of less than 5 % of cod and more than 60 % of plaice 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.

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

• 8.4.To be qualified to fish in any of the geographical areas defined in point 2.1 according to special conditions in point 8.3.(c), (d), (e), (f) or (k), the vessel, or the vessel or vessels it has replaced using similar gears and qualifying for any of such special conditions in accordance with Community law, shall have track records indicating that catches retained on board evaluated in live weight and consigned in the Community logbook, complied during 2002 with conditions on catch compositions as laid down in such special conditions and for such specific geographical area.

• Alternatively, the vessel shall comply during each trip of the 2008 management period with the catch composition as laid down in the relevant special condition and shall be involved in an observer's plan submitted by its flag Member State to the Commission for approval in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

• Observers shall be independent of the owner of the vessel and shall not be a member of the fishing vessel crew.

• 8.5.During the 2008 management period a Member State may manage its fishing effort allocations according to a kilowatt days system. By that system it may authorise any vessel concerned for any one of the combination of groupings of fishing gears and special conditions laid down in Table 1 to be present within any one of the geographical areas defined in point 2.1 of this Annex for a maximum number of days which is different from that set out in that Table provided that the overall amounts of kilowatt days corresponding to such a combination is respected.

• For a specific combination of geographical areas, groupings of fishing gears and special condition, the overall amounts of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific combination. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if the provisions of this point were not applied.

• 8.6.The re-allocation of fishing days referred to in point 8.5. shall be made with a view to a more efficient use of fishing opportunities or in order to stimulate fishing practices that lead to reduced discards and lower fishing mortality of both juvenile and adult fish. These practices may take the form of fishing plans designed in collaboration with the fishing industry including, as appropriate:

• (a) a specific target to reduce cod discards to below 10 % of cod catch;

• (b) real-time closures for juveniles and for spawners;

• (c) Cod avoidance measures;

• (d) trying out new selective devices;

• (e) adequate monitoring by observers and

• (f) arrangements for follow-up and reporting.

- 8.7.A Member State wishing to benefit from the provisions laid down in point 8.5 shall submit a request to the Commission with reports in electronic format containing for each combination of geographical areas, groupings of fishing gears and special conditions as laid down in Table I the details of the calculation based on

• (a) list of vessels authorized to fish by indicating their Community Fleet Register number (CFR) and their engine power;

• (b) track records of 2002 for such vessels reflecting the catch composition defined in special conditions in point 8.3(c), (d), (e), (f) or (k), if these vessels are qualified for such special conditions and if they are not involved in observers plans as foreseen in point 8.4;

• (c) the number of days at sea  for which each vessel would have initially been authorized to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 8.5.

- On the basis of that description, the Commission may authorize that Member State to benefit from the provisions defined in point 8.5.

• 8.8.During the 2008 management period, the maximum number of days at sea for which a vessel may be authorized by its flag Member State to 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.

• 8.9.A day present within a geographical area defined in point 2.1 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 as defined in point 4.1 of this Annex and point 3 of Annex IIC.

• 8.10.Where a vessel crosses between two or more geographical areas defined in point 2 of this Annex on a fishing trip, the day shall be counted against the area in which the largest proportion of time was spent during that day.

• 9.1.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 geographical areas defined in point 2.1 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 geographical area referred to in point 2.1 for the remainder of the management period unless using only unregulated gear as described in point 19.

• 10.1.An additional number of days at sea on which a vessel may be authorized by its flag Member State to be present within any one of the geographical areas defined in point 2.1 when carrying on board any of the gears referred to in point 4.1 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2002, either in accordance with Article 7 of Regulation (EC) No 2792/1999 ([^E0224]) or resulting from other circumstances duly motivated by Member States.

• The effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant geographical area shall be divided by the effort expended by all vessels using that gear during 2001.

- The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be rounded to the nearest whole day.

• This point shall not apply where a vessel has been replaced in accordance with point 5.2 or when the withdrawal has already been used in previous years to obtain additional days at sea.

• 10.2.Member States wishing to benefit from the allocations referred to in point 10.1 shall submit a request to the Commission with reports in electronic format containing for each combination of geographical areas, groupings of fishing gears and special conditions as laid down in Table I the details of the calculation based on:

• (a) lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power;

• (b) the fishing activity deployed by such vessels in 2001 calculated in days at sea by concerned combination of geographical area, grouping of fishing gears and if necessary special condition.

• 10.3.On the basis of such a request the Commission may amend the number of days defined in point 8.1 for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

• 10.4.During the 2008 management period, a Member State may re-allocate those additional numbers of days at sea to all the vessels remaining in fleet and qualified for the relevant combination of geographical areas, groupings of fishing gears and special conditions or to part of them by applying, mutatis mutandis, the provisions laid down in points 8.5 and 8.7.

• 10.5.Any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission remains allocated in 2008.

11. Amendment of the number of days at sea in case of inconsistencies in the fishing opportunities on plaice and sole in geographical area 2.1(b)

• 11.1The number of days at sea on which a vessel may be authorized by its flag Member State to be present within the geographical area laid down in point 2.1(b) targeting plaice and sole with any of the following combinations of groupings of fishing gears and special conditions, may be amended by the Commission in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002, when such an amendment is necessary for the Member State to be able to catch its quota:

4.1(a)(iv)/none;

4.1(b)(i)/none;

4.1(b)(iii)/none;

4.1(b)(iv)/none;

4.1(d)/8.3(g).

• 11.2Member States wishing to benefit from an amendment as laid down in point 11.1 shall submit a request to the Commission including reports in electronic format containing the state on 31 July 2008 of their quota consumption of plaice and sole and the fishing effort deployed by vessels flying their flag.

• 12.1.Three additional days on which a vessel may be present within the area when carrying onboard any of the groupings of fishing gear referred to in point 4.1 may be allocated between 1 February 2008 and 31 January 2009 to Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership between scientists and the fishing industry.

• Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 1543/2000 ([^E0225]), Regulation (EC) No 1639/2001 ([^E0226]) and Regulation (EC) No 1581/2004 ([^E0227]) for the minimum and extended programme level.

• Observers shall be independent of the owner of the vessel and shall not be a member of the fishing vessel crew.

• 12.2.Member States wishing to benefit from the allocations referred to in point 12.1 shall submit a description of their enhanced observer coverage programme to the Commission.

• 12.3.On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 8.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

• 12.4.If such a programme submitted by a Member Stated has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of its enhanced observer coverage programme four weeks before the beginning of the period for which the programme applies.

• 12.5.Six additional days on which a vessel may be present within the area referred to in point 2.1(c) when carrying on board gear referred to in point 4.1(a)(iv) and 4.1(a)(v) may be allocated between 1 February 2008 and 31 January 2009 to Member States by the Commission on the basis of an Enhanced Data Pilot Project

• 12.6.Twelve additional days on which a vessel may be present within the area referred to in point 2.1(c) when carrying on board gear referred to in point 4.1 except gear referred to in paragraphs 4.1(a)(iv) and 4.1(a)(v) may be allocated between 1 February 2008 and 31 January 2009 to Member States by the Commission on the basis of an Enhanced Data Pilot Project.

• 12.7.Member States wishing to benefit from the allocations referred to in points 12.5 and 12.6 shall submit a description of their Enhanced Data Pilot Project to the Commission, which shall go beyond the existing requirements under Community legislation. On the basis of this description the Commission may approve a Member State's proposal for an Enhanced Data Pilot Project in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

• 12.8.If such an Enhanced Data Pilot Project submitted by a Member State has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of its enhanced observer coverage programme four weeks before the beginning of the period for which the programme applies.

• 12.9.During the 2008 management period, the Commission may authorize a Member State after consultation with STECF, in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002, to allocate up to twelve additional days at sea to vessels flying its flag and present within any of the geographical areas defined in point 2 when carrying on board any of the groupings of fishing gears referred to in point 4.1, only if owners of these vessels sign up to a discard reduction plan.

• The plan shall focus in particular on levels of discarding of Cod or other species with similar discard problems such as plaice and sole, for which either a management plan or a recovery plan is adopted, and shall include:

• (a) measures designed to encourage the avoidance of juvenile and spawning fish of the fish species concerned;

• (b) the trialling and implementation of technical measures to improve selectivity for those species;

• (c) increased rates of observation of the fleet concerned;

• (d) arrangements for regular provision of data to the Commission and for monitoring annually the outcomes delivered by the plan.

- 12.10.Member States wishing to benefit from the allocations referred to in point 12.9 shall submit a description of their discard reduction plan to the Commission and the list of fishing vessels flying their flag which will be involved in such a plan.

• 12.11.During the 2008 management period, where owners of these vessels participate in the cod avoidance reference fleet programme laid down in point 12.13, following authorisation by the Commission a Member State may allocate:

• (a) 12 additional days at sea to vessels flying its flag and present within the area laid down in point 2.1(b) when carrying on board any of the groupings of fishing gears referred to in point 4.1; or

- (b) 10 additional days at sea to vessels flying its flag and present within the area laid down in point 2.1(d) when carrying on board any of the groupings of fishing gears referred to in point 4.1.

- Vessels participating in a cod avoidance reference fleet programme shall meet a specific target to reduce cod discards to below 10 % of cod catches. A cod avoidance reference fleet programme shall be subject to observation at a rate of at least 10 %.

- 12.12.The days at sea allocations referred to in point 12.11 may be allocated in addition to the allocations referred to in point 12.9.

• 12.13.Member States wishing to benefit from the allocations referred to in point 12.11 shall submit a description of their cod avoidance reference fleet programme to the Commission and a list of vessels flying their flag which will be involved in such a programme. The number of vessels participating in the cod avoidance reference fleet programme shall be such that their accumulated capacity expressed in kW does not exceed 10 % of the cumulated capacity in kW of all the vessels belonging to the same gear category.

• 12.14.On the basis of the description and the list referred to in point 12.13, and after consultation with the STECF, the Commission may in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002 authorise Member States to apply the provisions set out in point 12.11.

• 13.1.The special fishing permit referred to in point 5.1 for any vessel benefiting of any special conditions listed in point 8.3 shall identify such conditions.

• 13.2.If a number of days is allocated to a vessel resulting from compliance with any of the special conditions listed in points 8.3(b), (c), (d), (e), (f), (k) or (i), the catches taken by that vessel and retained on board shall consist of no more than the percentage of those species referred to in these points. The vessel shall not tranship any fish to another vessel. When either of these conditions is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the allocation of days corresponding to the given special conditions.

14.

Table I

Maximum days a vessel may be present in 2008 within an area by fishing gear

			Areas as defined in point:	Areas as defined in point:	Areas as defined in point:	Areas as defined in point:	Areas as defined in point:	Areas as defined in point:
Gear Point 4.1	Special condition Point 8	Denomination [^E0228]	2.1.a Kattegat	2.1.b (i) — Skaggerak (ii) — part of ICES zone IIIa not covered by Skagerrak and Kattegat; ICES zone IV and EC waters of ICES zone IIa (iii) — VIId	2.1.b (i) — Skaggerak (ii) — part of ICES zone IIIa not covered by Skagerrak and Kattegat; ICES zone IV and EC waters of ICES zone IIa (iii) — VIId	2.1.b (i) — Skaggerak (ii) — part of ICES zone IIIa not covered by Skagerrak and Kattegat; ICES zone IV and EC waters of ICES zone IIa (iii) — VIId	2.1.c VIIa	2.1.d VIa
Gear Point 4.1	Special condition Point 8	Denomination [^E0228]	2.1.a Kattegat	(i)	(ii)	(iii)	2.1.c VIIa	2.1.d VIa
a.i		Trawls or Danish seines with mesh size ≥ 16 and < 32 mm	228	228 [^E0229]	228 [^E0229]	228 [^E0229]	228	228
a.ii		Trawls or Danish seines with mesh size ≥ 70 and < 90 mm	n.r.	n.r.	184	199	184	204
a.iii		Trawls or Danish seines with mesh size ≥ 90 and < 100 mm	71	86	188	188	227	227
a.iv		Trawls or Danish seines with mesh size ≥ 100 and < 120 mm	103	86	86	86	86	69
a.v		Trawls or Danish seines with mesh size ≥ 120 mm	103	86	86	86	114	70
a.iii	8.3(a)	Trawls or Danish seines with mesh size ≥ 90 and < 100 mm with a 120 mm square mesh window (Appendix 1)	126	126	227	227	227	227
a.iv	8.3(a)	Trawls or Danish seines with mesh size ≥ 100 and < 120 mm with a 120 mm square mesh window (Appendix 1)	137	137	103	103	114	91
a.v	8.3(a)	Trawls or Danish seines with mesh size ≥ 120 mm with a 120 mm square mesh window (Appendix 1)	137	137	103	103	114	91
a.v.	8.3(j)	Trawls or Danish seines with mesh size ≥ 120 mm with a 140 mm square mesh window (Appendix 2)	149	149	115	115	126	103
a.ii	8.3(b)	Trawls or Danish seines with mesh size ≥ 70 and < 90 mm complying with the conditions laid down in Appendix 2 to Annex III	Unl.	Unlimited	Unlimited	Unlimited	Unl.	Unl.
a.ii	8.3(c)	Trawls or Danish seines with mesh size ≥ 70 and < 90 mm track records shall represent less than 5 % of cod	n.r	n.r	215	227	204	227
a.iii	8.3(l)	Trawls or Danish seines with mesh size ≥ 90 and < 100 mm complying with the conditions laid down in Appendix 3	132	132	238	238	238	238
a.iv	8.3(c)	Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod	148	148	148	148	148	148
a.v	8.3(c)	Trawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod	160	160	160	160	160	160
a.iv	8.3(k)	Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice	n.r.	n.r.	n.r.	n.r.	166	n.r.
a.v	8.3(k)	Trawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice	n.r.	n.r.	n.r.	n.r.	178	n.r.
a.v	8.3(h)	Trawls or Danish seines with mesh size ≥ 120 mm operating under a system of automatic suspension of fishing licences	115	115	115	115	126	103
a.ii	8.3(d)	Trawls or Danish seines with mesh size ≥ 70 and < 90 mm track records represent less than 5 % of cod, sole and plaice	280	280	280	280	280	252
a.iii	8.3(d)	Trawls or Danish seines with mesh size ≥ 90 and < 100 mm track records represent less than 5 % of cod, sole and plaice	Unl.	Unl.	280	280	280	280
a.iv	8.3(d)	Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records represent less than 5 % of cod, sole and plaice	Unl.	Unlimited	Unlimited	Unlimited	276	276
a.v	8.3(d)	Trawls or Danish seines with mesh size >120 mm track records represent less than 5 % of cod, sole and plaice	Unl.	Unlimited	Unlimited	Unlimited	Unl.	279
a.v	8.3(h) 8.3(j)	Trawls or Danish seines with mesh size >120 mm with a 140 mm square mesh window (Appendix 2) and operating under a system of automatic suspension of fishing licenses	n.r.	n.r.	127	127	138	115
b.i		Beam trawls with mesh size ≥ 80 and < 90 mm	n.r.	119 [^E0229]	119 [^E0229]	Unl.	132	143 [^E0229]
b.ii		Beam trawls with mesh size ≥ 90 and < 100 mm	n.r.	143 [^E0229]	143 [^E0229]	Unl.	143	143 [^E0229]
b.iii		Beam trawls with mesh size ≥ 100 and < 120 mm	n.r.	129	129	Unl.	143	143
b.iv		Beam trawls with mesh size ≥ 120 mm	n.r.	129	129	Unl.	143	143
b.iii	8.3(c)	Beam trawls with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod	n.r.	155	155	Unl.	155	155
b.iii	8.3(i)	Beam trawls with mesh size ≥ 100 and < 120 mm for vessels having used beam trawls in 2003, 2004, 2005 or 2006.	n.r.	155	155	Unl.	155	155
b.iv	8.3(c)	Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod	n.r.	155	155	Unl.	155	155
b.iv	8.3(i)	Beam trawls with mesh size ≥ 120 mm for vessels having used beam trawls in 2003, 2004, 2005 or 2006.	n.r.	155	155	Unl.	155	155
b.iv	8.3(e)	Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice	n.r.	155	155	Unl.	155	155
c.i		Gillnets and entangling nets with mesh sizes < 110 mm	140	140	140	140	140	140
c.ii		Gillnets and entangling nets with mesh sizes ≥ 110 mm and < 150 mm	140	126	126	126	140	140
c.iii		Gillnets and entangling nets with mesh sizes ≥ 150 mm and < 220 mm	140	117	117	117	115	140
c.iv		Gillnets and entangling nets with mesh sizes ≥ 220 mm	140	140	140	140	140	140
d		Trammel nets	140	140	140	140	140	140
c.iii	8.3(f)	Gillnets and entangling nets with mesh size ≥ 220 mm track records shall represent less than 5 % of cod and more than 5 % of turbot and lumpsucker	162	140	162	140	140	140
d	8.3(g)	Trammel nets with mesh size < 110 mm. The vessel shall be absent from the port no more than 24 h.	140	140	185 [^E0230]	185 [^E0230]	140	140
e		Long-lines	173	173	173	173	173	173

Only the denominations in points 4.1 and 8.3 are used.