In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 7, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.
9. Allocation of additional days for permanent cessations of fishing activities
9.1.
An additional number of days on which a vessel may be present within the area when carrying on board any of the gears referred to in point 3 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 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. Any vessels that can be shown to have been definitively withdrawn from the area may also be considered. The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2003. 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.
9.2.
Member States wishing to benefit from the allocations referred to in point 9.1. shall submit a request to the Commission with reports containing the details of permanent cessations of fishing activities in question.
9.3.
On the basis of such a request the Commission may amend the number of days defined in point 7.2. for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.
10. Allocation of additional days for enhanced observer coverage
10.1.
Three additional days on which a vessel may be present within the area when carrying onboard any of the gears referred to in point 4 may be allocated in 2006 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.
10.2.
Member States wishing to benefit from the allocations referred to in point 10.1 shall submit a description of their enhanced observer coverage programme.
10.3.
On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 8.2 for that Member State and for the area and gear grouping concerned in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.
11. Conditions for derogations from the normal allocation of days
11.1
If a vessel has received an additional number of days resulting from compliance with the special conditions listed in points 7.1(a) and 7.1(b) the vessel's landings shall not in 2006 exceed 5 tonnes live weight of hake and 2,5 tonnes live weight of Norway lobster.
11.2.
The vessel shall not tranship any fish at sea to another vessel.
11.3.
When either of these conditions is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.
Table I Maximum number of days a vessel may be present within the area by fishing gear per year
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