EN Official Journal of the European Union L 367/1

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:

(1) Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries.

(2) Pursuant to Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunity limits by fishery or group of fisheries and to allocate these opportunities to Member States.

(3) In order to ensure effective management of the fishing opportunities, the specific conditions under which fishing operations are carried out should be established.

(4) The principles as well as certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag.

(5) Article 3 of Regulation (EC) No 2371/2002 lays down definitions relevant to the allocation of fishing opportunities.

(6) In accordance with Article 2 of Council Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified.

(7) Fishing opportunities should be used in accordance with Community legislation on the subject, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (3), Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish (4), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (5), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (6), and Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (7), Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (8) and Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound (9).

(8) In order to contribute to the conservation of fish stocks, certain supplementary measures on the control and technical conditions of fishing should be implemented in 2007,

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:

(a) the International Council for the Exploration of the Sea (ICES) zones are as defined in Regulation (EEC) No 3880/91;

(b) ‘Baltic Sea’ means ICES Divisions IIIb, IIIc and IIId;

(c) ‘total allowable catch (TAC)’ means the quantity that can be taken from each stock each year;

(d) ‘quota’ means a proportion of the TAC allocated to the Community, a Member State or a third country.

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:

(a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

(b) reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;

(c) additional landings allowed under Article 3 of Regulation (EC) No 847/96;

(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96.

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:

(a) the catches have been taken by vessels of a Member State with a quota and that quota has not been exhausted; or alternatively

(b) species other than herring and sprat are mixed with other species, the catches have been taken with trawls, Danish seines or similar gears whose mesh size is less than 32 mm, and the catches are not sorted either on board or on landing.

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

(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.

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. Species : Herring Clupea harengus Zone : Subdivisions 30-31 HER/3D30.; HER/3D31. Finland 75 099 Sweden 16 501 EC 91 600 TAC 91 600 Analytical TAC. Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 applies. Article 5(2) of Regulation (EC) No 847/96 applies.

Species : Herring Clupea harengus Zone : Subdivisions 22-24 HER/3B23.; HER/3C22.; HER/3D24. Denmark 6 939 Germany 27 311 Finland 3 Poland 6 441 Sweden 8 806 EC 49 500 TAC 49 500 Analytical TAC. Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 applies. Article 5(2) of Regulation (EC) No 847/96 applies.

Species : Herring Clupea harengus Zone : Subdivisions 25-27, 28.2, 29 and 32 HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32. Denmark 2 920 Germany 774 Estonia 14 910 Finland 29 105 Latvia 3 680 Lithuania 3 874 Poland 33 066 Sweden 44 389 EC 132 718 TAC Not relevant Analytical TAC. 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 : Herring Clupea harengus Zone : Subdivision 28.1 HER/03D.RG. Estonia 17 317 Latvia 20 183 EC 37 500 TAC 37 500 Analytical TAC. Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 applies. Article 5(2) of Regulation (EC) No 847/96 applies.

Species : Cod Gadus morhua Zone : Subdivisions 25-32 (EC-waters) COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32. Denmark 9 374 Germany 3 729 Estonia 913 Finland 717 Latvia 3 485 Lithuania 2 296 Poland 10 794 Sweden 9 497 EC 40 805 (1) TAC Not relevant Analytical TAC. 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 : Cod Gadus morhua Zone : Subdivisions 22-24 (EC waters) COD/3B23.; COD/3C22.; COD/3D24. Denmark 11 653 Germany 5 697 Estonia 258 Finland 229 Latvia 964 Lithuania 625 Poland 3 118 Sweden 4 152 EC 26 696 TAC 26 696 (2) Analytical TAC. Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 applies. Article 5(2) of Regulation (EC) No 847/96 applies.

Species : Plaice Pleuronectes platessa Zone : IIIbcd (EC waters) PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32. Denmark 2 698 Germany 300 Sweden 203 Poland 565 EC 3 766 TAC Not relevant Precautionary TAC. Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 applies. Article 5(2) of Regulation (EC) No 847/96 applies.

Species : Atlantic salmon Salmo salar Zone : IIIbcd (EC waters) excluding Subdivision 32 SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31. Denmark 88 836 (3) Germany 9 884 (3) Estonia 9 028 (3) Finland 110 773 (3) Latvia 56 504 (3) Lithuania 6 642 (3) Poland 26 950 (3) Sweden 120 080 (3) EC 428 697 (3) TAC Not relevant (3) Analytical TAC. 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 : Atlantic salmon Salmo salar Zone : Subdivision 32 SAL/3D32. Estonia 1 581 (4) Finland 13 838 (4) EC 15 419 (4) TAC Not relevant (4) Analytical TAC. 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 : Sprat Sprattus sprattus Zone : IIIbcd (EC waters) SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.; SPR/3D32. Denmark 44 833 Germany 28 403 Estonia 52 060 Finland 23 469 Latvia 62 877 Lithuania 22 745 Poland 133 435 Sweden 86 670 EC 454 492 TAC Not relevant Analytical TAC. Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 applies. Article 5(2) of Regulation (EC) No 847/96 applies. (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 Species : Cod Gadus morhua Zone : Subdivisions 25-32 (EC-waters) COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32. Denmark 8 849 Germany 3 520 Estonia 862 Finland 677 Latvia 3 290 Lithuania 2 168 Poland 10 191 Sweden 8 965 EC 38 522 TAC Not relevant

Species : Cod Gadus morhua Zone : Subdivisions 22-24 (EC waters) COD/3B23.; COD/3C22.; COD/3D24. Denmark 10 537 Germany 5 152 Estonia 234 Finland 207 Latvia 872 Lithuania 565 Poland 2 819 Sweden 3 754 EC 24 140 TAC 24 140

ANNEX II 1. Fishing effort limits 1.1. Fishing with trawls, seines or similar gears of a mesh size equal to or greater than 90 mm or with bottom set gillnets, entangling nets and trammel nets of a mesh size equal to or greater than 90 mm or with bottom set lines or long lines shall be prohibited: (a) from 1 to 7 January, 31 March to 1 May and 31 December in Subdivisions 22 to 24; and (b) from 1 to 7 January, 5 to 10 April, 1 July to 31 August and 31 December in Subdivisions 25 to 27. 1.2. For fishing vessels flying their flag, Member States shall ensure that fishing with trawls, seines or similar gears of a mesh size equal to or greater than 90 mm or with bottom set gillnets, entangling nets and trammel nets of a mesh size equal to or greater than 90 mm or with bottom set lines or long lines shall also be prohibited for: (a) 77 calendar days in subdivisions 22 to 24 outside the period referred to in point 1.1(a); and (b) 67 calendar days in subdivisions 25 to 27 outside the period referred to in point 1.1(b). Member States shall divide the days referred to in points (a) and (b) into periods of not less than 5 days. 1.3. Member States shall, not later than 7 January 2007, notify to the Commission and make available on their websites the precise dates of the calendar days referred to in point 1.2 which should be identical for fishing vessels flying the flag of the respective Member State. 1.4. By way of derogation from points 1.1 and 1.2, Community fishing vessels with an overall length of less than 12 metres and fishing within the territorial sea shall be permitted to retain on board and land up to 20 kg or 10 % cod by live weight, whatever is the higher, when fishing with gillnets, entangling nets and/or trammel nets with a mesh size equal to or greater than 110 mm.