Proposal for a Council Regulation fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2006
Date: 2005-11-24
Institutions: European Commission
Subjects: Baltic Sea, EU waters, authorised catch, catch quota, fishery management, fishery resources, fishing area, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.11.2005 
COM(2005) 598 final 

Proposal for a 

COUNCIL REGULATION 

fixing the fishing opportunities and associated conditions for certain fish stocks and 
groups of fish stocks applicable in the Baltic Sea for 2006 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 

110 

•  Objectives of the proposal 

The objective of this proposal is to fix, for the commercial most important fish stocks in the 
Baltic Sea, the fishing opportunities for Member States for 2006.  

120 

•  General context 

In  accordance  with  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy, the Common Fisheries Policy shall ensure exploitation of living aquatic resources that 
provides  sustainable  economic,  environmental  and  social  conditions.  An  important  tool  to 
achieve these objectives is the annual fixing of the fisheries opportunities in the form of total 
allowable  catches  (TACs),  quotas  and  fishing  effort  limits.  The  fishing  opportunities  have 
until  this  year  been  implemented  by  a  single  Council  Regulation  (so-called  TAC  and  quota 
Regulation). However, in the contents of simplification and clarification, the fixing of fishing 
opportunities  for  2006  is  proposed  implemented  by  two  separate  Regulations,  one  covering 
the Baltic Sea and one all other areas. 

The scientific advice on fishing opportunities in 2006 in the Baltic Sea was delivered by the 
International  Council  for  the  Exploration  of  the  Sea  (ICES)  in  June.  On  the  basis  of  the 
scientific advice the Community discussed in September the TACs and quotas and associated 
condition  with  the  Russian  Federation  within  the  framework  of  the  International  Baltic  Sea 
Fishery Commission (IBSFC). The recommendations on TACs and the allocation to the two 
Parties adopted by the IBSFC reflect the discussion and are in accordance with the Common 
Fisheries Policy. 

The enlargement of the Community in 2004 left in reality the IBSFC with only two Parties, 
the  Community  and  Russia.  The  Community  has  withdrawn  from  the  IBSFC  and  the 
organisation will in practise cease to exist by the end of 2005. The recommendations adopted 
by  IBSFC  are  therefore  not  binding  to  the  Community  after  2005.  However,  there  are  no 
reasons  for  not  following  the  recommendations  and  the  TACs  and  quotas  presented  in  this 
proposal reflect the IBSFC recommendations. 

The proposal covers three sections of importance for the management of the Baltic fisheries in 
2006. A section fixing the TACs and quotas, a section limiting the fishing effort and a section 
laying down associated technical and control measures. 

•  130Existing provisions in the area of the proposal 

The fishing opportunities and the allocation to Member States are subject to the provisions of 
annual  regulations.  The  latest  is  the  Council  Regulation  (EC)  No  27/2005  of  22  December 
2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks 
and  groups  of  fish  stocks,  applicable  in  Community  water  and,  for  Community  vessels,  in 

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waters where catch limitations  are required. Of relevance to management of the fisheries in 
the Baltic Sea is also Council Regulation (EC) No 88/98 of 18 December 1997 laying down 
certain technical measures for the conservation of fishery resources in the waters of the Baltic 
Sea, the Belts and the Sound.140 

•  Consistency with other policies and objectives of the Union 

The  measures  proposed  are  designed  in  accordance  with  the  objectives  of  the  Common 
Fisheries Policy and is consistent with the Community's policy on sustainable developments. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

All three main elements of the proposal have been subject to consultations with the Fishing 
sector, NGO's dealing with fisheries issues in the Baltic Sea, and Member States concerned. 

The  fishing  sector  and  the  NGO's  were  consulted  on  the  TACs  and  quotas  at  a  workshop 
organised  by  the  DG-Fish  in  Brussels  on  23  February.  The  scientific  basis  for  the  proposal 
was presented by ICES and DG-Fish explained its position on the level of TACs and quotas 
for 2006. There was general support to DG-Fish's position although the fishing sector argued 
for a somewhat higher TAC for sprat than advised by ICES. 

The main discussion was on the TACs for the two cod stocks. Both cod stocks are overfished 
and especially the stock in the eastern Baltic are exploited at unsustainable levels. ICES has 
recommended a substantial reduction in the fishing on the two stocks to ensure a recovery of 
the  stocks  to  levels  within  safe  biological  limits.  Implementing  the  reduction  required  to 
rebuild the stocks within one year would remove the economic basis for the fishing sector and 
would  undermine  the  management  system.  DG-Fish  had  therefore  suggested  a  long-term 
approach where the level of fishing is gradually reduced to sustainable levels. The approach 
as well as the TACs following from applying the approach was supported by the sector. 

Member  States  were  consulted  in  the  margin  of  the  IBSFC  meeting  in  September  and  all 
Member States concerned expressed their support to the TACs suggested by the Commission. 

Regarding the measures concerning fishing effort and control, the sector, NGOs and Member 
States  have  been  consulted  on  several  occasions  and  the  elements  included  in  the  proposal 
reflects comments made especially be the fishing sector. 

•  Collection and use of expertise 

The  Community  requests,  each  year,  ICES  and  the  Scientific,  Technical  and  Economic 
Committee for Fisheries (STECF) for scientific advice on the state of important fish stocks. 
The  advice  received  covers  all  Baltic  stocks  for  which  TACs  are  proposed.  The  proposed 
TACs  are  based  on  the  advice  but  do  not  necessary  follow  the  advice  to  the  letter.  For  the 
sprat  stock  the  proposed  TAC  is  set  above  the  level  advised  by  scientists.  The 
recommendation from ICES corresponds to a substantial reduction in the TAC. In accordance 
with  the general policy of  reducing the year to year variation in the fishing possibilities the 
proposed  TAC  reflects  a  smaller  reduction  than  recommended  by  ICES.  According  to  the 
predictions made by ICES the stock is in a healthy state and can sustain the proposed TAC. 

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For the cod stocks the proposed TACs reflects a long-term approach whereby the TACs and 
fishing effort is gradually reduced to sustainable levels over a number of years. In parallel to 
this proposal the Commission will table a proposal for a long-term management plan for the 
fisheries  on  the  cod  stocks  in  the  Baltic  Sea.  The  central  element  of  the  plan  is  a  gradual 
reduction  of  fishing  effort  to  long-term  sustainable  levels  that  will  provide  high  and  stable 
yields.  The  proposed  TACs  do  therefore  not  follow  the  ICES  catch  advice  but  reflect  the 
gradual approach to be applied in the long-term management plan. 

Main organisations/experts consulted 

The scientific organisations consulted were the International Council for the Exploitation of 
the  Seas  (ICES)  and  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries 
(STECF). 

•  Impact assessment 

The  proposed  measures  will,  if  implemented,  result  in  an  overall  increase  in  fishing 
opportunities  for  Community  vessels  in  the  Baltic  Sea.  The  fishing  possibilities  on  cod  and 
some of the herring stocks will increase and only for the sprat stock the fishermen will face 
lower  quotas.  The  first  hand  value  of  landings  from  the  Baltic  is  therefore,  assuming 
unchanged prices, expected to increase in 2006. 

The  proposal  does  not  only  reflect  a  short  term  decisions  but  is  also  part  of  a  longer  term 
approach whereby the level of fishing is gradually reduced to long-term sustainable levels. 

The  approach  taken  in  the  proposal  will  therefore  in  the  medium  to  long  term  result  in 
reduced  fishing  effort  but  stable  or  increasing  quotas.  The  long-term  consequences  of  the 
approach are therefore predicted to be reduced impact on the environment as a consequence 
of the decline in fishing effort, reductions in the catching sector in terms of number of vessels 
and/or in the average fishing effort per vessel, and unchanged or increased landings. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Legal basis 

The legal basis for this proposal is Council Regulation (EC) No 2371/2002, and in particular 
Article 20 thereof. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

•  Detailed Explanation 

The proposal fixes for 2006 the fishing opportunities for Member States fishing in the Baltic 
Sea.  The  proposal  furthermore  introduces  transitional  technical  and  control  measures  to  be 
applied in 2006. 

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The TACs and quotas allocated to Member States are given in Annex I. The proposed figures 
reflect  the  scientific  advice  and  the  recommendations  adopted  by  IBSFC  at  its  meeting  in 
September 2005.  

The TACs and quotas for the two cod stocks are closely linked to the fishing effort limits laid 
down in Annex II and point 5 of Annex III. The TACs are only acceptable if the restrictions in 
periods  where  cod  fishing  is  allowed  proposed  in  Annex  II  and  the  associated  control 
measures in point 5 of Annex III are adopted.  

The  transitional  technical  measures  in  Annex  III  (except  point  8)  represent  important 
measures  currently  not  included  in  the  technical  measures  regulation  for  the  Baltic  Sea 
(Council  Regulation  (EC)  No  88/98).  The  Commission  has  presented  proposal  for  a  new 
technical  measures  regulation  which  include  all  these  measures.  It  is  expected  that  the 
proposal will be adopted by the Council in November. In that case the technical provisions in 
Annex III can be deleted from this proposal. 

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Proposal for a 

COUNCIL REGULATION 

fixing the fishing opportunities and associated conditions for certain fish stocks and 
groups of fish stocks applicable in the Baltic Sea for 2006 

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 
Policy1, and in particular Article 20 thereof, 

Having regard to Council Regulation (EC) No 847/1996 of 6 May 1996 introducing additional 
conditions  for  year-to-year  management  of  TACs  and  quotas2,  and  in  particular  Article  2 
thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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. 

Under 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  the 
allocation of these opportunities to Member States. 

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

The principles and 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. 

Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the 
allocation of fishing opportunities. 

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. 

1 
2 

OJ L 358, 31.12.2002, p. 59. 
OJ L 115, 9.5.1996, p. 3. 

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(7) 

(8) 

(9) 

(10) 

Article 2 of Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under 
which  herring  may  be  landed  for  industrial  purposes  other  than  direct  human 
consumption3, does not ensure that the catches of herring are limited to the catch limits 
fixed  for  the  species.  It  is  therefore  necessary  to  introduce  transitional  measures 
ensuring an appropriate monitoring and counting of herring in unsorted landings. With 
such measures in place it is not necessary to maintain the provisions laid down in the 
said Regulation. 

Fishing opportunities should be used in accordance with the 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 vessels4, Commission Regulation (EEC) No 2807/83 of 22 September 1983 
laying  down  detailed  rules  for  recording  information  on  Member  States'  catches  of 
fish5, Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control 
system applicable to the common fisheries policy6, Council Regulation (EC) No 88/98 
of 18 December 1997 laying down certain technical measures for the conservation of 
fishery  resources  in  the  waters  of  the  Baltic  Sea,  the  Belts  and  the  Sound7, 
Commission  Regulation  (EC)  No 2244/2003  of  18 December 2003  laying  down 
detailed  provisions  regarding  satellite-based  Vessel  Monitoring  Systems8,  and 
Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics 
for fishing vessels9, 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 
Atlantic10. 

In  order  to  contribute  to  the  conservation  of  fish  stocks,  certain  supplementary 
measures  on  control  and  technical  conditions  of  fishing  should  be  implemented  in 
2006. 

In  order  to  ensure  the  livelihood  of  Community  fishermen,  it  is  important  to  open 
these fisheries on 1 January 2006. Given the urgency of the matter, it is imperative to 
grant an exception to the six-week period referred to in paragraph I(3) of the Protocol 
on the role of national Parliaments in the European Union, annexed to the Treaty on 
European  Union  and  to  the  Treaties  establishing  the  European  Community,  the 
European Coal and Steel Community and the European Atomic Energy Community, 

3 
4 
5 

6 

7 

8 
9 

10 

OJ L 191, 7.7.1998, p. 10. 
OJ L 132, 21.5.1987, p. 9. 
OJ L 276, 10.10.1983 p. 1. Regulation as last amended by Regulation (EC) No 1965/2001 (OJ L 268, 
9.10.2001, p. 23). 
OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1954/2003 (OJ L 289, 
7.11.2003, p. 1). 
OJ  L  9,  15.1.1998,  p. 1.  Regulation  as  last  amended  by  Regulation  (EC)  No  812/2004  (OJ L 150, 
30.4.2004, p. 12). 
OJ L 333, 20.12.2003, p. 17. 
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). 
OJ L 365, 31.12.1991, p. 1. 

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HAS ADOPTED THIS REGULATION: 

CHAPTER I 
Scope and definitions 

Article 1 
Subject matter 

This  Regulation  fixes  fishing  opportunities  for  the  year  2006  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. 

2. 

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. 

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) 

(b) 

(c) 

(d) 

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

“Baltic Sea” means ICES Divisions IIIb, IIIc and IIId; 

“total allowable catch (TAC)” means the quantity that can be taken from each stock 
each year; 

“quota” means a proportion of the TAC allocated to the Community, a Member State 
or a third country. 

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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) 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 
Regulation (EEC) No 2847/93; 

to  Articles 21(4),  23(1)  and  32(2)  of 

(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  2007,  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) 

(b) 

(c) 

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

the  catches  form  part  of  a  Community  share  that  has  not  been  allocated  by 
quotas among Member States and that has not been exhausted, or 

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. 

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2. 

3. 

1. 

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(c). 

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 
Unsorted landings 

Member States shall ensure that an adequate sampling programme allowing effective 
monitoring of unsorted landings by species is in place. 

Unsorted  catches  shall  be  landed  only  at  ports  and  landing  locations  where  a 
sampling programme as referred to in paragraph 1 is in place. 

Article 8 
Landing of herring for industrial purposes 

Regulation (EC) No 1434/98 shall not apply to the Baltic Sea  

Article 9 
Fishing effort limits 

Fishing effort limits are set out in Annex II. 

Article 10 
Transitional technical and control measures 

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

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CHAPTER III 
Final provisions 

Article 11 
Sale of marine organisms caught for scientific purposes 

Marine  organisms  caught  for  the  purpose  of  scientific  investigations  in  accordance  with 
Article 2(2) may be sold, stored, displayed and offered for sale provided that: 

(a) 

the fishing opportunities laid down in Annexe I , are not exhausted, or 

(b) 

they are sold directly for purposes other than human consumption. 

Article 12 
Data transmission 

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

Article 13 
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 2006. 

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

Done at Brussels,  

For the Council 
The President 

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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. 

Species: 

Herring 

Zone: 

Subdivisions 30-31 

Clupea harengus 

HER/3D30.; HER/3D31. 

Finland 

Sweden 

EC 

TAC 

75 099  

16 501  

91 600  

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 

Zone: 

Subdivisions 22-24 

Clupea harengus 

HER/3B23.; HER/3C22.; HER/3D24. 

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. 

Denmark 

Germany  

Finland 

Poland 

Sweden 

EC 

TAC 

6 658  

26 207  

3  

6 181  

8 451  

47 500  

47 500  

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Species: 

Herring 

Zone: 

Subdivisions 25-27, 28.2, 29 and 32 

Clupea harengus 

HER/3D25.;  HER/3D26.;  HER/3D27.; 
HER/3D28.; HER/3D29.; HER/3D32. 

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 

Denmark 

Germany  

Estonia 

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

EC 

TAC 

2 548  

 676  

13 015  

25 404  

3 212  

3 382  

28 861  

38 744  

115 842  

128 000  

Species: 

Herring 

Zone: 

Subdivision 28.1 

Clupea harengus 

HER/03D.RG 

Estonia 

Latvia 

EC 

TAC 

18 472  

21 528  

Analytical TAC. 

Article 3 of Regulation (EC) No 847/96 applies 

Article 4 of Regulation (EC) No 847/96 applies. 

40 000  

Article 5(2) of Regulation (EC) No 847/96 applies. 

40 000  

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Species 

Cod 

Zone: 

Subdivisions 25-32 (EC-waters) 

Gadus morhua 

COD/3D25.; COD/3D26.; COD/3D27.; 
COD/3D28.; COD/3D29.; COD/3D30.; 
COD/3D31.; COD/3D32. 

11 307  

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. 

4 498  

1 102  

865  

4 204  

2 770  

13 019  

11 455   

45 339  

49 220  

Denmark 

Germany  

Estonia  

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

EC 

TAC 

Species: 

Cod 

Zone: 

Subdivisions 22 –24 (EC waters) 

Gadus morhua 

COD/3B23.; COD/3C22.; COD/3D24. 

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. 

Denmark 

Germany  

Estonia  

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

EC 

TAC 

12 395  

6 061  

275  

244  

1 026  

665  

3 317  

4 417  

28 400  

28 400  

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Species: 

Denmark 

Germany 

Sweden 

Poland 

EC 

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. 

2 697  

Precautionary TAC. 

300  

203  

565  

3 766  

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. 

TAC 

Not relevant 

Species: 

Atlantic salmon 

Zone: 

IIIbcd (EC waters) excluding Subdivision 32  

Salmo salar 

93 512 (1) 

10 404 (1) 

SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; 
SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; 
SAL/3D30.; SAL/3D31. 

Analytical TAC. 

Article 3 of Regulation (EC) No 847/96 does not apply. 

9 504 (1) 

Article 4 of Regulation (EC) No 847/96 does not apply. 

116 603 (1) 

Article 5(2) of Regulation (EC) No 847/96 applies. 

59 478 (1) 

6 992 (1) 

28 368 (1)  

126 400 (1) 

451 260 (1) 

460 000 (1) 

Denmark 

Germany 

Estonia 

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

EC 

TAC 

__________ 

(1) 

Expressed by number of individual fish. 

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Species: 

Atlantic salmon 

Zone: 

Subdivision 32 

Estonia  

Finland  

EC 

TAC 

_________ 

Salmo salar 

SAL/3D32. 

1 581 (1) 

Analytical TAC. 

13 838 (1)  

Article 3 of Regulation (EC) No 847/96 does not apply. 

Article 4 of Regulation (EC) No 847/96 does not apply. 

15 419 (1) 

Article 5(2) of Regulation (EC) No 847/96 applies. 

17 000 (1) 

(1) 

Expressed by number of individual fish. 

Species: 

Sprat 

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. 

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. 

Sprattus sprattus 

41 512  

26 299  

48 204  

21 730  

58 219  

21 060  

123 552  

80 250  

420 826  

468 000  

Denmark 

Germany 

Estonia 

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

EC 

TAC 

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ANNEX II 
Fishing effort limits 

1. 

2. 

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 shall be prohibited: 

(a) 

from 15 March to 14 May in Subdivisions 22-24, and  

(b) 

from 15 June to 14 September in Subdivisions 25–32. 

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 shall be prohibited from 23.00 hours UTC on 
each Saturday to 23.00 hours UTC on the following Sunday:  

(a) 

from 1 January to 14 March and from 15 May to 30 October in Subdivisions 22-24, 
and  

(b) 

from 1 January to 14 June in Subdivisions 25–32 . 

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ANNEX III 
Transitional technical and control measures 

1. 

Conditions for certain gear authorised for cod fishing in the Baltic Sea 

1.1.  Towed nets 

1.1.1. Structure of nets 

By way of derogation from Annex IV to Regulation (EC) No 88/98, trawls, Danish seines 
and similar nets of a mesh size equal to or greater than 105 mm shall be equipped with a 
Bacoma  exit  window  or  with  a  T90  codend  and  extension  piece  of  a  mesh  size  and 
specifications as laid down in Appendix 1. 

1.1.2. One-net rule 

When a trawl, Danish seine or similar net with a Bacoma exit window or a T90 codend and 
extension piece is used, no other type of gear shall be kept on board. 

1.2.  Gillnets 

1.2.1  By  way  of  derogation  from  Annex  IV  to  Regulation  (EC)  No 88/98,  the  minimum 

mesh size for gillnets shall be 110 mm. 

1.2.2. Gillnets shall not exceed a maximum length of 12 km for Community vessels of an 

overall length of up to and including 12 m. 

1.2.3. Gillnets shall not exceed a maximum length of 24 km for Community vessels of an 

overall length of more than 12 m. 

1.2.4. The soaking time of gillnets shall not exceed 48 hours from the time the nets are first 
put in the water to the time when they are fully recovered on board the Community 
vessel. 

2. 

By-catches of cod in the Baltic Sea 

2.1.  By way of derogation from Article 3(4) of Regulation (EC) No 88/98, no undersized 

cod may be kept on board, except as referred to in point 2.2. 

2.2.  By way of derogation from Article 3(5) of Regulation (EC) No 88/98, by-catches of 
cod taken when fishing for herring and sprat with nets of a mesh size of 32 mm or 
smaller  shall  not  exceed  3%  by  weight.  Of  such  by-catches,  no more  than  5%  of 
undersized cod shall be kept on board. 

2.3.  By-catches of cod may not exceed 10% when fishing for other species than herring 
and sprat with trawls and Danish seines other than as referred to in point 1.1.2. 

3. 

Minimum size for cod in the Baltic Sea 

By way of derogation from Annex III to Regulation (EC) No 88/98, the minimum size for 
cod shall be 38 cm. 

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4. 

Restrictions on fishing 

4.1.  All  fishing  activity  within  the  areas  enclosed  by  sequentially  joining  with  rhumb 
lines  the  following  positions,  which  shall  be  measured  according  to  the  WGS84 
coordinate system, is prohibited: 

Area 1: 

– 

– 

– 

– 

– 

– 

– 

55°45'N, 15°30'E 

55°45'N, 16°30'E 

55°00'N, 16°30'E 

55°00'N, 16°00'E 

55°15'N, 16°00'E 

55°15'N, 15°30'E 

55°45'N, 15°30'E 

Area 2: 

– 

– 

– 

– 

– 

55°00'N, 19°14'E 

54°48'N, 19°20'E 

54°45'N, 19°19'E 

54°45'N, 18°55'E 

55°00'N, 19°14'E 

Area 3: 

– 

– 

– 

– 

– 

– 

– 

– 

56°13'N, 18°27'E 

56°13'N, 19°31'E 

55°59'N, 19°13'E 

56°03'N, 19°06'E 

56°00'N, 18°51'E 

55°47'N, 18°57'E 

55°30'N, 18°34'E 

56°13'N, 18°27'E 

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5. 

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

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

5.1.1. By  way  of  derogation  from  Article  1(2)  of  Council  Regulation  (EC)  No 
1627/94  of  27  June  1994  laying  down  general  provisions  concerning  special 
fishing  permits11,  all  Community  vessels  of  an  overall  length  equal  to  or 
greater than 8 m carrying on board or using any gear of a mesh size equal to or 
greater than 90 mm shall hold a special permit for fishing for cod in the Baltic 
Sea.  

5.1.2. A Member State may issue the special permit for fishing for cod referred to in 
point  5.1.1  only  to  Community  vessels  holding  in  2005  a  special  permit  for 
fishing for cod in the Baltic Sea in accordance with point 6.2.1 of Annex III to 
Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 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 required12. However, a Member 
State  may  issue  a  special  permit  for  fishing  for  cod  to  a  Community  vessel, 
flying  the  flag  of  that  Member  State  and  registered  in  the  Community,  not 
holding a special fishing permit in 2005 if it ensures that equivalent capacity, 
measured  in  kilowatts  (kW),  is  prevented  from  fishing  in  the  Baltic  Sea  with 
any gear of a mesh size equal to or greater than 90 mm. 

5.1.3. Each  Member  State  shall  establish  and  maintain  a  list  of  vessels  holding  a 
special permit for fishing for cod in the Baltic Sea and make it available on its 
official  website  to  the  Commission  and  other  Member  States  bordering  the 
Baltic Sea.  

5.1.4. The  master  of  a  Community  vessel,  or  his/her  authorised  representative,  to 
which  a  Member  State  has  issued  a  special  permit  for  fishing  for  cod  in  the 
Baltic Sea shall keep a copy of this permit on board the fishing vessel.  

5.2.  Notification of entry or exit  

5.2.1. When  a  Community  vessel  retaining  cod  in  excess  of  50  kg  leaves  or  enters 
Subdivisions 22-24, the master or his/her authorised representative shall notify 
the  authorities  of  the  flag  Member  State  of  the  date,  time,  position  of  exit  or 
entry and quantities live weight by species for all catches retained on board. No 
new fishing activity can commence until all catches of cod have been landed. 

5.2.2. When  a  Community  vessel  retaining  cod  in  excess  of  50  kg  leaves  or  enters 
Subdivisions 25-32, the master or his/her authorised representative shall notify 
the  authorities  of  the  flag  Member  State  of  the  date,  time,  position  of  exit  or 
entry and quantities live weight by species for all catches retained on board. No 
new fishing activity can commence until all catches of cod have been landed. 

11 
12 

OJ L 171, 6.7.1994, p. 7. 
OJ L 12, 14.01.2005, p. 1. 

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5.2.3. Notwithstanding points 5.2.1. and 5.2.2., Community vessels conducting trans-
zonal fishing by crossing the line separating Subdivisions 24 and 25 more than 
once during a period of 24 hours and provided they remain within a delimited 
zone  of  five  miles  either  side  of  the  line  between  the  Subdivisions  shall 
communicate  the  required  information  at  the  time  of  their  first  entry  and  last 
exit within that 24-hour period. 

5.3.  Logbooks 

5.3.1. By  way  of  derogation  from  Article  6(4)  of  Council  Regulation  (EEC)  No 
2847/93  of  12  October  1993  establishing  a  control  system  applicable  to  the 
common  fisheries  policy13,  the  masters  of  Community  vessels  of  an  overall 
length equal to or greater than 8 m shall keep a logbook of their operations in 
accordance with Article 6 of Regulation (EEC) No 2847/93. 

5.4.  Margin of tolerance 

By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 
22  September  1983  laying  down  detailed  rules  for  recording  information  on  Member 
States’  catches  of  fish14,  the  permitted  margin  of  tolerance  in  estimating  quantities,  in 
kilograms,  of  fish  that  are  retained  on  board  of  Community  vessels  shall  be  8%  of  the 
logbook figure. 

5.5.  Prior notification  

5.5.1. By way of derogation from Article 7(1) of Regulation (EEC) No 2847/93, the 
master  or  his/her  authorised  representative,  of  a  Community  vessel  retaining 
more than 300 kg live weight of cod, shall inform the competent authorities of 
the  Member  State,  at  least  two  hours  prior  to  any  entry  into  any  landing 
location of that Member State, of: 

(a) the name of the landing location; 

(b) the estimated time of arrival at that landing location. 

5.5.2. By way of derogation from Article 7(1) of Regulation (EEC) No 2847/93, the 
master,  or  his/her  authorised  representative,  of  a  Community  vessel  retaining 
more than 300 kg live weight of cod, shall inform the competent authorities of 
the Member State, at least one hour prior to any entry into any landing location 
of that Member State, of the quantities, by species, in kilograms live weight of 
all species of which more than 50 kg is retained. 

5.5.3. Vessels  retaining  more  than  300  kg  live  weight  of  cod  shall  not  commence 
discharging the catch retained until so authorised by the competent authorities 
of the Member State in which landing is to be made. 

5.6.  Designated ports 

13 
14 

OJ L 261, 20.10.1993, p. 1. 
OJ L 276, 10.10.1983, p. 1. 

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5.6.1. When a vessel retains more than 750 kg live weight of cod, that cod shall be 

landed exclusively at designated ports. 

5.6.2. Each Member State shall designate ports at which any Baltic cod in excess of 

750 kg is landed. 

5.6.3. Within 15 days of the date of entry into force of this Regulation, each Member 
State shall establish, maintain and make available on its official website to the 
Commission  and  other  Member  States  bordering  the  Baltic  Sea  a  list  of 
designated  ports.  The  list  shall  include  the  relevant  contact  details  for  the 
submission of logbooks and landing declarations when landing in that Member 
State. 

5.7.  Weighing of cod first landed. 

5.7.1. The competent authorities of a Member State may require that any quantity of 
cod caught in the Baltic Sea and first landed in that Member State is weighed 
in the presence of controllers before it is transported elsewhere from the port of 
first landing.  

5.7.2. Each Member State shall set specific inspection benchmarks. Such benchmarks 
shall  be  revised  periodically  after  analysis  of  the  results  achieved.  Inspection 
benchmarks  shall  evolve  progressively  until  the  target  benchmarks  defined  in 
Appendix 2 are reached. 

5.8.  Fishing effort data 

By way of derogation from Article 19a(1) of Regulation (EEC) No 2847/93, Articles 19b, 
19c, 19d, 19e and 19k of that Regulation shall apply to Community vessels of an overall 
length equal to or greater than 8m. 

5.9.  VMS messages 

5.9.1. Member States shall ensure that the following data received pursuant to Article 
8,  Article  10(1)  and  Article  11(1)  of  Commission  Regulation  (EC)  No 
2244/2003 are recorded in a computer-readable form:  

a) 

b) 

each entry into, and exit from port; 

each  entry  into,  and  exit  from  maritime  areas  where  specific  rules  on 
access to waters and resources apply. 

5.9.2. Member  States  shall  verify  the  submission  of  logbooks  and  relevant 
information  recorded  in  the  logbook  by  using  VMS  data.  Such  cross-checks 
shall be recorded in a computer-readable form for a period of three years.  

5.10.  Prohibition on transit and transhipment 

5.10.1. Transit within the areas closed for cod fishing is prohibited unless the fishing 
gear on board is securely lashed and stowed in accordance with the conditions 
set out in Article 20(1) of Regulation (EEC) No 2847/93. 

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5.10.2. Transhipment of cod is prohibited. 

5.11.  Transport of Baltic cod 

By way of derogation form Article 13(1) of Reg. (EEC) No. 2847/93 Baltic cod more than 
50 kg landed for transport by Community vessels having an overall length equal to or more 
than 8 metres shall be accompanied by a landing declaration as provided for in Article 8(1) 
of the same Regulation. 

5.12.  Joint surveillance and exchange of inspectors 

5.12.1. Member States shall undertake joint inspection and surveillance activities and 

shall establish joint operational procedures to that effect. 

5.12.2. Member  States  engaged  in  joint  inspection  and  surveillance  activities  shall 
ensure that inspectors from each of the participating Member States are invited 
to partake at least in these activities. 

5.12.3. Commission  inspectors  may  participate  in  these  joint  inspection  and 

surveillance activities. 

5.12.4. A meeting of the competent national inspection authorities shall be convened 
by the Commission before 31 January 2006 to coordinate the joint inspection 
and surveillance programme for 2006. 

5.13.  National control action programmes 

5.13.1. Member  States  concerned  shall  define  a  national  control  action  programme 

for the Baltic Sea in accordance with Appendix 3. 

5.13.2. Before the 31 January 2006, Member States concerned shall make available 
to  the  Commission  and  other  Member  States  bordering  the  Baltic  Sea  on  its 
official  website  the  national  control  action  programme  referred  to  in  point 
5.13.1, together with an implementation schedule. 

5.13.3. The Commission shall convene a meeting of the Committee for Fisheries and 
Aquaculture to evaluate the compliance with and results of the national control 
action programmes for cod stocks in the Baltic Sea. 

6. 

Specific provisions for Subdivision 28.1. 

6.1.  Special fishing permit 

6.1.1. In order to exercise fishing activities in Subdivision 28.1, vessels shall hold a 
special fishing permit issued in accordance with Article 7 of Regulation (EC) 
No 1627/94. 

6.1.2. Member  States  shall  ensure  that  vessels  to  which  a  special  fishing  permit  as 
referred to in point 6.1.1 has been issued are included on a list containing their 
names and internal registration numbers to be provided to the Commission by 
each Member State. 

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Vessels included on the list shall satisfy the following conditions: 

(a) 

the total engine power (kW) of the vessels on the lists must not exceed 
that  observed  for  each  Member  State  in  Subdivision  28.1  in  the  years 
2000 and 2001; 

(b) 

the engine power of a vessel must not exceed 221 kW at any time. 

6.2.  Replacement of vessels or engines 

6.2.1. Any individual vessel on the list referred to in point 6.1.2 may be replaced by 
another Community vessel or vessels flying the flag of that Member State and 
registered in the Community provided that: 

(a) 

(b) 

such replacement does not lead to an increase in the total engine power as 
indicated in point 6.1.2 (a) in the Member State concerned, and 

the engine power of any replacement vessel does not exceed 221 kW at 
any time. 

6.2.2. An engine of any individual vessel included on the list referred to in point 6.1.2 

may be replaced, provided that: 

(a) 

(b) 

the replacement of an engine does not lead to the vessel's engine power 
exceeding 221 kW at any time, and 

the power of the replacement engine is not such that replacement leads to 
an increase in the total engine power as indicated in point 6.1.2(a) for the 
Member State concerned. 

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Appendix 1 to Annex III 

SPECIFICATIONS OF TOP WINDOW CODEND "BACOMA" 

Description 

a. 

Identification of Window 

The window shall be a rectangular section of netting in the codend. There shall be only one 
window.  

b. 

Size of codend, extension piece and rear end of trawl 

i. 

ii. 

The  codend  shall  be  constructed  of  two  panels,  joined  together  by  selvedges 
one on each side of equal length.  

The minimum mesh size of the diamond meshes shall be 105 mm. The material 
of  the  yarn  shall  be  of  braided  polyethylene  threads  with  a  single  twine 
thickness  of  no  more  than  6  mm  or  with  double  twine  thickness  of  no  more 
than 4 mm respectively. 

iii. 

It  is  prohibited  to  use  codends  and  extension  pieces  which  are  made  of  only 
one piece of net material and have only one selvedge. 

iv.  The number of open diamond meshes, excluding those in the selvedges, at any 
point  on  any  circumference  of  any  extension  piece  shall  not  be  less  or  more 
than the maximum number of meshes on the circumference of the front end of 
the codend (Figure 1). 

c. 

Location of window 

i. 

ii. 

The window shall be inserted into the top panel of the codend (Figure 2.). 

The  window  shall  terminate  not  more  than  4  meshes  from  the  codline, 
inclusive  of  the  hand  braided  row  of  meshes  through  which  the  codline  is 
passed (Figure 3 or 4). 

d. 

Size of window 

i. 

The width of the window, expressed in number of mesh bars, shall be equal to 
the  number  of  open  diamond  meshes  in  the  top  panel  divided  by  two.  If 
necessary,  it  will  be  allowed  to  maintain  at  the  most  20  %  of  the  number  of 
open diamond meshes in the top panel divided evenly on the both sides of the 
window panel (Figure 4). 

ii. 

The length of the window shall be at least 3.5 meters. 

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e.  Netting of window 

i. 

ii. 

The meshes shall have a minimum mesh opening of 110 mm. The meshes shall 
be square meshes i.e. all four sides of the window netting will be cut all bars. 

The  netting  shall  be  mounted  in  such  a  way  that  the  bars  run  parallel  and 
perpendicular to the length of the codend. The netting shall be knotless braided 
single  twine  or  netting  with  similar  proven  selective  properties.  Knotless 
netting means netting which is composed of meshes of four sides in which the 
corners  of  the  meshes  are  formed  by  the  interweaving  of  the  twines  of  two 
adjacent sides of the mesh. 

iii.  The diameter of the single yarn shall be at least 4.9 mm. 

f.  Other Specifications 

i. 

The mounting specifications are defined in Figures 3 and 4.  

ii. 

The length of the lifting strap shall not be less than: 

1. 

2. 

3. 

4  m  for  a  codend  of  circumference  of  between  100  and  89  diamond 
meshes measured in front of the window;  

3.5 m for a codend of circumference between 88 and 75 diamond meshes 
measured in front of the window and; 

3  m  for  a  codend  of  circumference  of  less  than  75  diamond  meshes 
measured in front of the window. 

iii.  A back strap shall not encircle the "BACOMA" exit window. It shall be made 

of rope not more than 20mm in diameter and be at least 2 m long. 

iv.  A codend buoy shall be spherical in shape and have a maximum diameter of 40 

cms. It shall be fastened through the buoy rope to the cod line. 

v.  A flapper shall not overlap the BACOMA exit window. 

Conditions for the Repair of Square mesh Panels.  

a. 

For the purpose of inspection it is necessary to describe detailed rules for the repair 
of damaged square meshes in the square mesh BACOMA exit window: 

i. 

ii. 

It is prohibited to use a square mesh BACOMA exit window which has 10% or 
more meshes repaired. 

Square  meshes  which  have  been  damaged  shall  be  repaired  according  to  the 
prescribed method. 

iii.  A repaired mesh is any mesh opening which is affected by a repair. 

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b.  Method for Repairing the "BACOMA" exit window. 

i. 

Clean the hole by melting the ends of the twine around the edge of the hole to 
prevent the twines from un-braiding. 

ii.  Count the meshes to be replaced. Prepare a patch using knotless braided single 
twine that is the same material, diameter and strength of the net needing to be 
patched. 

iii.  The  patch  should  be  two  meshes  larger  in  each  direction  than  the  cleaned-up 

hole to provide sufficient netting to overlap the edges of the hole. 

iv.  Clean the patch by melting the ends of the twine around the edge of the patch. 

v. 

Lay  the  patch  over  the  hole  and  lace  it  to  the  existing  netting  using  braided 
twine, as shown in the illustration. 

vi.  Make sure to lace the crosses of the netting together. 

vii.  Continue  lacing  around  the  hole  so  that  you  have  at  least  two  rows  of  lacing 

around the patch. 

viii.  The patched hole will resemble this illustration when finished. 

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Side

Top

Lifting
bag

Trawl body (=net cone)
Tapered section

Extension piece
Untapered section

Codend
Untapered section

Figure 1 

Trawl gear may be divided into three different sections according to shape and function. 

The trawl body is always a tapered section, often between 10 and 40 m long. The extension piece is 
an  untapered  section,  normally  manufactured  of  either  one  or  two  pieces  of  49.5  mesh  long  nets 
giving  a  stretched  length  of  between  6  and  12  m.  The  codend  is  also  an  untapered  section,  often 
made of double twine in order to have greater resistance against heavy wearing. The part below the 
lifting strap is called a lifting bag. 

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Figure 2 

Extension piece 

Codend 

Escape Window, Square mesh panel 

Upper panel, max 50 open diamond meshes 

Lower panel, max 50 open diamond meshes 

Selvedges 

Joining round or lacing 

Lifting strap 

Back strap 

Codline 

Distance of window from codline ( Fig 3 and 4 ) 

Buoy rope 

A 

B 

C 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

Codend buoy 

9 

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MOUNTING OF WINDOW PANEL 

Figure 3  

110mm Square mesh panel (25bars) 

Joining of Square mesh panel to selvedge 

Joining  of  Square  mesh  panel  to  Diamond  Mesh  net,  except  edge  bars  of  window  from 
both sides 

2 diamond meshes / 1 bar in a square mesh 

105mm Diamond Mesh net (Max 50 0pen meshes) 

Distance of the window panel from the codline. The window shall terminate not more than 
4 meshes from the codline, inclusive of the hand braided row of meshes through which the 
codline is passed 

A 

B 

C 

D 

E 

F 

One row of hand-braided codline meshes 

A

B

C

D

E

F

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A 

B 

C 

D 

E 

F 

G 

MOUNTING OF WINDOW PANEL 

Figure 4 

110mm Square mesh panel (20 bars) 

Joining of Square mesh panel to selvedge 

Joining  of  Square  mesh  panel  to  Diamond  Mesh  net,  except  edge  bars  of  window 
from both sides shall be 2 diamond meshes per 1 square mesh 

105mm Diamond Mesh net (Max 50 open meshes) 

Distance  of  the  window  panel  from  the  codline.  The  window  shall  terminate  not 
more than 4 meshes from the codline, inclusive of the hand braided row of meshes 
through which the codline is passed 

One row of hand-braided codline meshes 

Max 10% in both sides of open meshes D 

G

B

A

C

D

E

F

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II. 

a. 

SPECIFICATIONS OF T90 TRAWL 

Definition 

i. 

T90  trawls  are  defined  as  trawls,  Danish  seines  and  similar  nets  having  a 
codend and extension piece produced from diamond-knotted netting turned 90° 
so that the main direction of run of the netting twine is parallel to the towing 
direction.  

ii. 

The direction of run of the netting twine in a standard diamond knotted net (A) 
and in a net turned 90° (B) is illustrated below. 

A 

B 

b. 

Meshsize and measurement 

The mesh size shall be at least 110 mm. By way of derogation from Article 5(1) of 
Commission Regulation (EC) No 129/2003 of 24 January 2003 laying down detailed 
rules for determining the mesh size and thickness of twine of fishing nets15, the mesh 
size  in  the  codend  and  the  extension  piece  shall  be  measured  perpendicular  to  the 
longitudinal axis of the fishing gear. 

c. 

Twine thickness 

The  codend  and  extension  piece  shall  be  made  of  single  twine  netting  material 
having a twine thickness of no more than 5 mm or of double twine netting material 

15 

OJ L 022, 25.01.2003, p. 4. 

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having a twine thickness of no more than 4 mm respectively. This provision shall not 
apply to the rear-most row of meshes in the codend if fitted with a codline. 

d. 

Construction 

iii.  A codend and extension of turned meshes (T90) shall be made of two panels of 
equal  dimensions,  with  the  same  number  of  meshes  in  width  and  length  and 
with  the  mesh  orientation  described  above,  joined  by  two  lateral  selvedges. 
Each  panel  shall  be  made  with  non-slip  knots  and  in  such  a  way  that  the 
meshes remain fully open at all times when in use. 

iv.  The  number  of  open  meshes  in  any  circumference  must  be  constant  from  the 

front part of the extension to the rear-most part of the codend.  

v.  At the point of attachment of the codend or extension piece to the tapered part 
of  the  trawl,  the  number  of  meshes  in  the  circumference  of  the  codend  or 
extension piece must be 50% of the last row of meshes of the tapered part of 
the trawl.  

vi.  A codend and extension piece is illustrated in the figure below. 

e. 

Circumference 

The number of meshes in any circumference in the codend and the extension piece, 
excluding joinings and selvedges, shall be no more than 50. 

f. 

Joining rounds 

The forward edge of the panels comprising both codend and extension shall be fitted 
out  with  a  braided  row  of  half  meshes.  The  aft  edge  of  the  codend  panel  shall  be 
fitted out by a full row of braided meshes able to guide the codline. 

g. 

Length of codend  

The codend shall have a length of at least 50 meshes. 

h. 

Lifting strap 

The length of the lifting strap at the point at which it is attached to the codend shall 
no  less  than  the  stretched  length  of  the  meshes  in  circumference  of  the  codend, 
multiplied by a factor of 0.6. 

i. 

Codend buoy 

The  codend  buoy  shall  be  spherical  in  shape  and  have  a  maximum  diameter  of  40 
cm. It shall be fastened through the buoy rope to the codline. The length of the buoy 
rope shall be not less than two and a half times the square root of the depth. 

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Appendix 2 to Annex III 

Common Rules for national control programmes 

Objective 

1. 

Each Member State shall set specific inspection benchmarks in accordance with this 
Appendix. 

Strategy 

2. 

Inspection and surveillance of fishing activities shall concentrate on vessels likely to 
catch cod. Random inspections of transport and marketing of cod shall be used as a 
complementary cross-checking mechanism to test the effectiveness of inspection and 
surveillance. 

Priorities 

3. 

Different gear types shall be subject to different levels of prioritisation, depending on 
the  extent  to  which  the  fleets  are  affected  by  fishing  opportunity  limits.  For  that 
reason, each Member State shall set specific priorities. 

Target benchmarks 

4. 

Not  later  than  one  month  from  the  date  of  entry  into  force  of  this  Regulation, 
Member  States  shall  implement  their  inspection  schedules  taking  account  of  the 
targets set out below: 

a. 

Level of inspection in ports  

As a general rule, inspections shall cover 20 % by weight of cod landings covering 
all places of landing. Alternatively, inspections shall be undertaken at such frequency 
as  to  ensure  that  during  a  three  month  period  a  number  of  Community  vessels  that 
account for 20 % or more by weight of cod landings are inspected at least once. The 
total quantity in number of landings inspected should guarantee an accuracy of 95 % 
on the estimation of the total quantities of cod landed. 

b. 

Level of inspection of Marketing  

Inspection of 5% of the quantities of cod offered for sale at auction. 

c. 

Level of inspection at sea 

Flexible benchmark: to be set after a detailed analysis of the fishing activity in each 
area.  Benchmarks  at  sea  shall  refer  the  number  of  patrol  days  at  sea  in  the  cod 
management  areas,  with  possibly  a  separate  benchmark  for  days  patrolling  specific 
areas. 

d. 

Level of aerial surveillance 

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Flexible  benchmark:  to  be  set  after  a  detailed  analysis  of  the  fishing  activity 
conducted  in  each  area  and  taking  the  available  resources  at  the  Member  State’s 
disposal into consideration. 

Appendix 3 to Annex III 

Contents of national control action programmes  

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

Human resources 

1. MEANS OF CONTROL 

The numbers of shore-based and seagoing inspectors and the periods and zones where 

1.1. 
they are to be deployed. 

Technical resources 

The numbers of patrol vessels and aircraft and the periods and zones where these are 

1.2. 
to be deployed. 

Financial resources 

The  budgetary  allocation  for  deployment  of  human  resources,  patrol  vessels  and 

1.3. 
aircraft. 

2. DESIGNATION OF PORTS 

2.1.  A list of ports designated for cod landings in accordance with point 5.6.2 of Annex III. 

3. NOTIFICATION OF ENTRY AND EXIT 

3.1.  Description of the systems implemented to ensure compliance with the provisions in 
point 5.2 of Annex III. 

4. LANDINGS CONTROL 

4.1.  Description of the systems implemented to ensure compliance with the provisions in 
point 5.5 of Annex III. 

4.2.  Description of the systems implemented to calculate the margin of tolerance specified 
in point 5.4 of Annex III. 

4.3.  Description of the systems implemented for weighing of landings in accordance with 
point 5.7 of Annex III. 

4.4.  Description of system applied to draw up the specific inspection benchmarks referred 
to under point 5.7.2 of Annex III. 

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5. INSPECTION PROTOCOLS 

5.1. 

Protocols for inspections in relation cod fisheries at sea and on land. 

Protocols  for  communication  with  the  competent  authorities  designated  by  other 

5.2. 
Member States as responsible for the national control action programme for cod. 

Protocols for joint surveillance and exchange of inspectors, including specification of 

5.3. 
powers and authority of inspectors operating in other Member States’ waters. 

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