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            COUNCIL REGULATION (EC) No 1941/2006

of 11 December 2006         

fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2007

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (2), and in particular Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes fishing opportunities for the year 2007 for certain fish stocks and groups of fish stocks in the Baltic Sea and the associated conditions under which such fishing opportunities may be used.

Article 2

Scope

1.   This Regulation shall apply to Community fishing vessels (Community vessels) and fishing vessels flying the flag of, and registered in, third countries operating in the Baltic Sea.

2.   By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State concerned and of which the Commission and the Member State in whose waters the research is carried out have been informed in advance.

Article 3

Definitions

In addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, for the purposes of this Regulation the following definitions shall apply:

CHAPTER II

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS

Article 4

Catch limits and allocations

The catch limits, the allocation of such limits among Member States, and additional conditions in accordance with Article 2 of Regulation (EC) No 847/96 are set out in Annex I to this Regulation.

Article 5

Special provisions on allocations

1.   The allocation of catch limits among Member States as set out in Annex I shall be without prejudice to:

2.   For the purpose of withholding quotas to be transferred to 2008, Article 4(2) of Regulation (EC) No 847/96 may apply, by way of derogation from that Regulation, to all stocks subject to analytical TAC.

Article 6

Conditions for catches and by-catches

1.   Fish from stocks for which catch limits are fixed shall only be retained on board or landed if:

2.   All landings shall count against the quota or, if the Community share has not been allocated among Member States by quotas, against the Community share, except for catches made under paragraph 1(b).

3.   Where the quota for herring allocated to a Member State is exhausted, vessels flying the flag of that Member State, registered in the Community, and operating in the fisheries to which the relevant quota apply shall not land catches that are unsorted and that contain herring.

Article 7

Fishing effort limits

Fishing effort limits are set out in Annex II.

Article 8

Transitional technical and control measures

Transitional technical and control measures are set out in Annex III.

CHAPTER III

FINAL PROVISIONS

Article 9

Data transmission

When Member States send data to the Commission relating to landings of quantities of stocks caught pursuant to Article 15(1) of Regulation (EEC) No 2847/93, they shall use the stock codes set out in Annex I to this Regulation.

Article 10

Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 December 2006.

For the Council

The President

S. HUOVINEN            

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(1)OJ L 358, 31.12.2002, p. 59.

(2)OJ L 115, 9.5.1996, p. 3.

(3)OJ L 132, 21.5.1987, p. 9.

(4)OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regulation (EC) No 1804/2005 (OJ L 290, 4.11.2005, p. 10).

(5)OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

(6)OJ L 333, 20.12.2003, p. 17.

(7)OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).

(8)OJ L 365, 31.12.1991, p. 1. Regulation as amended by Commission Regulation (EC) No 448/2005 (OJ L 74, 19.3.2005, p. 5).

(9)OJ L 349, 31.12.2005, p. 1.

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ANNEX I

Landings limits and associated conditions for year-to-year management of catch limits applicable to Community vessels in areas where catch limits exist by species and by area

The following tables set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, the allocation to the Member States and associated conditions for year-to-year management of the quotas.

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(1)  If by 30 June 2007 the Council has not adopted a regulation establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, from 1 July 2007 the TAC and quotas for this stock shall be those set out in Appendix 1 to this Annex. By that date any catches in excess of Member States respective quotas as laid down in that Appendix will be discounted from their prospective quotas in 2008.

(2)  If by 30 June 2007 the Council has not adopted a regulation establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, from 1 July 2007 the TAC and quotas for this stock shall be those set out in Appendix 1 to this Annex. By that date any catches in excess of Member States respective quotas as laid down in that Appendix will be discounted from their prospective quotas in 2008.

(3)  Expressed by number of individual fish.

(4)  Expressed by number of individual fish.

Appendix 1 to Annex I

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ANNEX II

1.   Fishing effort limits

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ANNEX III

TRANSITIONAL TECHNICAL AND CONTROL MEASURES

1.   Restrictions on fishing

2.   Monitoring, inspection and surveillance in connection with the recovery of cod stocks in the Baltic Sea

2.1.   Special permit for fishing for cod in the Baltic Sea

2.2.   Logbooks

2.3.   Margin of tolerance in the logbook

2.4.   Monitoring and control of fishing effort

The competent authorities of the flag Member State shall monitor and control the compliance with:

2.5.   Entry into or exit from specific areas

2.6.   Prior notification

2.7.   Designated ports

2.8.   Weighing of cod first landed

2.9.   Inspection benchmarks

Each Member State bordering the Baltic Sea shall set specific inspection benchmarks. Such benchmarks shall be revised periodically after an analysis has been made of the results achieved. Inspection benchmarks shall evolve progressively until the target benchmarks defined in Appendix 1 are reached.

2.10.   Prohibition on transiting and transhipping

2.11.   Transport of Baltic cod

By way of derogation from Article 8(1) of Regulation (EEC) No 2847/93, the master of a fishing vessel having an overall length equal to or more than 8 metres, shall complete a landing declaration when fish is transported to a place other than that of landing or import.

The landing declaration shall accompany the transport documents provided for in Article 13(1) of Regulation (EEC) No 2847/93.

2.12.   Joint surveillance and exchange of inspectors

2.13.   National control action programmes on cod fisheries

2.14.   Specific monitoring programme

3.   Restrictions on fishing for flounder and turbot

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(1)OJ L 171, 6.7.1994, p. 7.

(2)OJ L 12, 14.1.2005, p. 1. Regulation as last amended by Regulation (EC) No 1936/2005 (OJ L 311, 26.11.2005, p. 1).

Appendix 1 to Annex III

Specific inspection benchmarks

Objective

Strategy

Priorities

Sampling

Target benchmarks

Appendix 2 to Annex III

Contents of national control action programmes for cod fisheries

National control action programmes shall, inter alia, specify the following.

1.   MEANS OF CONTROL

Human resources

Technical resources

Financial resources

2.   ELECTRONIC RECORDING AND REPORTING OF INFORMATION RELATING TO FISHING ACTIVITIES

Description of the systems implemented to ensure compliance with points 2.4 and 2.6 of Annex III.

3.   DESIGNATION OF PORTS

Where relevant, a list of ports designated for cod landings in accordance with point 2.7 of Annex III.

4.   NOTIFICATION OF ENTRY AND EXIT

Description of the systems implemented to ensure compliance with the provisions in point 2.5 of Annex III.

5.   LANDINGS CONTROL

Description of any facilities and/or systems implemented to ensure compliance with the provisions in points 2.2, 2.3, 2.8, 2.10, and 2.11 of Annex III.

6.   INSPECTION PROCEDURES

The national control action programmes shall specify the procedures that will be followed:

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