1. For the fleet segment concerned, a Member State may adopt national legislation on a compensation mechanism in order to grant in 2026 to eligible vessels flying its flag an additional allocation of fishing days as provided for in paragraph 2 and calculated in accordance with paragraphs 7 and 8, provided that the vessel receiving the additional allocation fulfils one or more of the following conditions set at national level:
(a)
the vessel uses a trawl net with a square mesh codend of at least 45 mm when fishing in the continental shelf and upper slope;
(b)
the vessel uses a trawl net with a square mesh codend of at least 50 mm when fishing in the continental shelf and upper slope and in deep-waters;
(c)
the vessel’s activity is subject to a closure period prohibiting fishing activities for trawlers at depths between 100 m and 500 m for at least six consecutive weeks between February and September;
(d)
the vessel’s activity is subject to a closure period prohibiting fishing activities for trawlers in GFCM GSAs 8, 9, 10 and 11 for at least four consecutive weeks between March and October;
(e)
the vessel’s activity is subject to a closure period prohibiting fishing activities for trawlers in GFCM GSAs 1, 2, 5, 6 and 7 for at least four consecutive weeks between March and October;
(f)
at least 5 % of the vessel’s fishing grounds at depths between 100 m and 500 m fall within an area that is subject to a 12-month closure period prohibiting fishing activities;
(g)
the vessel’s fishing grounds fall within a temporary closure area established in order to reduce by at least 20 % catches of spawners of European hake;
(h)
the vessel’s fishing grounds fall within a temporary closure area established in order to reduce by at least 25 % catches of juvenile fish of all demersal species or by at least 20 % catches of spawners of all demersal species;
(i)
the vessel’s fishing grounds are subject to a permanent closure for fishing activity with trawlers fishing for blue and red shrimp and giant red shrimp in deep-waters at a depth below 600 m;
(j)
the vessel’s fishing grounds are subject to a permanent closure for fishing activity with trawlers fishing in deep-waters at a depth below 800 m;
(k)
the vessel uses a trawl with flying, mid-waters doors, low-contact otter boards or other doors which reduce the contact of the doors and the gear with the seabed, to preserve the essential fish habitats of the demersal species;
(l)
the vessel uses highly selective gear the technical specifications of which results in, according to a study by STECF, a reduction of at least 25 % of catches of juvenile fish of all demersal species or at least 20 % of spawners of all demersal species compared to 2020, such as a sorting grid with 20 mm spacing;
(m)
at least 10 % of the vessel’s fishing grounds at depths between 300 m and 600 m fall within an area that is subject to a permanent closure for fishing activity with trawlers fishing for Norway lobster in GFCM GSAs 6, 9 or 11;
(n)
the Member State concerned implements a permanent cessation of 5 % to 10 % of the fleet concerned or implements a permanent cessation of more than 10 % of the fleet concerned.
2. The allocation of additional fishing days referred to in paragraph 1 shall be calculated as follows:
(a)
if a vessel fulfils the condition set out in paragraph 1, point (a), a Member State may increase the allocation of fishing days by 9,3 %, unless:
—
the vessel concerned is implementing that measure before 1 May 2026, in which case the allocation of fishing days may be increased by 18,6 %,
—
the vessels that are implementing that measure before 1 May 2026 represent in total more than 40 % of the fleet of the Member State concerned in the EMU, in which case the allocation of fishing days may be increased by 25 %,
—
the measure applies to all vessels of the Member State concerned in the EMU before 1 May 2026, in which case the allocation of fishing days may be increased by 30 %, or
—
the vessel concerned has already implemented that measure in 2025 and continues to implement it in 2026 without interruption, in which case the allocation of fishing days for that vessel may be increased by 37 %; the percentages referred to in this point may not be cumulated;
(b)
if a vessel fulfils the condition set out in paragraph 1, point (b), a Member State may increase the allocation of fishing days by 15,4 %, unless:
—
the vessel concerned is implementing that measure before 1 May 2026, in which case the allocation of fishing days may be increased by 30,8 %,
—
vessels that are implementing that measure before 1 May 2026 represent in total more than 40 % of the fleet of the Member State concerned in the EMU, in which case the allocation of fishing days may be increased by 40 %,
—
the measure applies to all vessels of the Member State concerned in the EMU before 1 May 2026, in which case the allocation of fishing days may be increased by 50 %, or
—
the vessel concerned has already implemented that measure in 2025 and continues to implement it in 2026 without interruption, in which case the allocation of fishing days for that vessel may be increased by 55 %; the percentages referred to in this point may not be cumulated;
(c)
if the vessel’s activity is subject to the condition set out in paragraph 1, point (c), a Member State may increase the allocation of fishing days by 10 %, unless the vessel concerned has already been subject to that condition in 2025 and continues to be subject to it in 2026, in which case the allocation of fishing days for that vessel may be increased by 12 %; the percentages referred to in this point may not be cumulated;
(d)
if the vessel’s activity is subject to the condition set out in paragraph 1, point (d), a Member State may increase the allocation of fishing days by 15 %, unless the vessel concerned has already been subject to that condition in 2025 and continues to be subject to it in 2026, in which case the allocation of fishing days for that vessel may be increased by 18 %; if the closure is extended continuously for additional weeks, the allocation of fishing days of that vessel may be increased by 2 % for each additional week; the percentages referred to in this point may not be cumulated;
(e)
if the vessel’s activity is subject to the condition set out in paragraph 1, point (e), a Member State may increase the allocation of fishing days by 15 %, unless the vessel concerned has already been subject to that condition in 2025 and continues to be subject to it in 2026, in which case the allocation of fishing days for that vessel may be increased by 18 %; if the closure is extended continuously for additional weeks, the allocation of fishing days of that vessel may be increased by 2 % for each additional week; the percentages referred to in this point may not be cumulated;
(f)
if the vessel’s is subject to the condition set out in paragraph 1, point (f), a Member State may increase the allocation of fishing days by 4 %;
(g)
if the vessel’s activity is subject to the condition set out in paragraph 1, point (g), a Member State may increase the allocation of fishing days by 13 %, unless the vessel concerned has already been subject to that measure in 2025 and continues to be subject to it in 2026, in which case the allocation of fishing days for that vessel may be increased by 15 %; the percentages referred to in this point may not be cumulated;
(h)
if the vessel’s activity is subject to the condition set out in paragraph 1, point (h), a Member State may increase the allocation of fishing days by 3 %;
(i)
if the vessel’s activity is subject to the condition set out in paragraph 1, point (i), a Member State may increase the allocation of fishing days by 6 %;
(j)
if the vessel’s activity is subject to the condition set out in paragraph 1, point (j), a Member State may increase the allocation of fishing days by 3 %, which may be increased to 5 % if that measure was already implemented in 2025;
(k)
if a vessel fulfils the condition set out in paragraph 1, point (k), a Member State may increase the allocation of fishing days by 3 %;
(l)
if a vessel fulfils the condition set out in paragraph 1, point (l), a Member State may increase the allocation of fishing days by 3 %;
(m)
if the vessel’s activity is subject to the condition set out in paragraph 1, point (m), a Member State may increase the allocation of fishing days by 8 %;
(n)
if the vessel’s activity is subject to the condition set out in paragraph 1, point (n), a Member State may increase the allocation of fishing days by 15 %, unless a permanent cessation applies to more than 10 % of the fleet concerned, in which case the Member State may increase the allocation of fishing days by 30 %.
3. The Member State concerned shall submit to the Commission the draft national legislation relating to the selected conditions for the compensation mechanism referred to in paragraph 1 at least one month before its adoption.
4. The Member State concerned shall submit to the Commission the following information:
(a)
the list of vessels flying its flag that fulfil any of the conditions for compensation referred to in paragraphs 1 and 2; and
(b)
the related number of additional fishing days.
5. The notification of the additional allocation of fishing days shall be submitted to the Commission by 31 July 2026. If the Member State concerned submits to the Commission its notification of additional allocation of fishing days after 31 July 2026, the percentages specified in paragraph 2 shall be halved.
6. The Member State concerned shall separately submit every month to the Commission the effort deployed to be counted against the additional allocation referred to in paragraph 2, using the specific reporting codes designated for that purpose.
7. The Member State concerned shall calculate the additional allocation of fishing days on the basis of the baseline corresponding to the maximum allowable fishing effort fixed by Regulation (EU) 2024/259, proportionally to the relevant number of eligible vessels concerned by the conditions listed in paragraphs 1 and 2.
8. The Member State concerned shall not allocate additional fishing days that would result in the maximum allowable fishing effort set for the relevant fishing effort group in Regulation (EU) 2024/259, that is, Annex III and Article 8, being exceeded.
9. The Member State concerned shall enhance the monitoring, control and surveillance of fishing vessels referred to in this Article in order to ensure compliance with the eligibility conditions laid down in paragraph 1 and corresponding national measures.
10. The Member State concerned may transfer additional days allocated in accordance with this Article between vessels implementing the same conditions, provided that it applies a conversion factor which is supported by the best available scientific advice.
11. If the vessel concerned fulfils the conditions set out in paragraph 1, points (a) and (b), the number of additional fishing days allocated to that vessel pursuant to paragraph 2, points (a) and (b), may be cumulated.