Council Regulation (EC) No 52/2006 of  22 December 2005  fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2006
Date: 2005-12-22
Institutions: Council of the European Union
Subjects: Baltic Sea, authorised catch, fishery management, fishing area, fishing regulations, fishing rights, sea fish

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COUNCIL REGULATION (EC) No 52/2006

of 22 December 2005

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
the Common
Fisheries Policy (1), and in particular Article 20 thereof,

resources under

fisheries

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 Fish-
eries.

(2) Under Article 20 of Regulation (EC) No 2371/2002, it is
to establish fishing
incumbent upon the Council
opportunity limits by fishery or group of fisheries and
the allocation of 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 and certain procedures

fishery
management need to be laid down at Community level,
so that Member States can ensure the management of the
vessels flying their flag.

for

(5) Article 3 of Regulation (EC) No 2371/2002 lays down
fishing

definitions of relevance for the allocation of
opportunities.

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 115, 9.5.1996, p. 3.

(6)

(7)

(8)

(9)

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

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 vessels (3),
Commission Regulation (EEC) No 2807/83 of 22 Sep-
tember 1983 laying down detailed rules for recording
fish (4),
information on Member States' catches of
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 Mon-
itoring Systems (6), 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).

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 and avoid endangering resources and any
possible difficulty due to the lapsing of Regulation (EC)
No 27/2005, 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 Communities,

(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 last 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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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. 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.

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 shall be as defined in Regulation (EEC)
No 3880/91;

(b)

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

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

(c)

(d)

‘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.

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

(b)

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

(c)

additional
Regulation (EC) No 847/96;

landings allowed under Article 3 of

(d)

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

Special provisions on allocations

(e)

deductions made pursuant
Regulation (EC) No 847/96.

to Article 5 of

1.

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

(a)

exchanges made pursuant
Regulation (EC) No 2371/2002;

to Article 20(5) of

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.

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Article 6

Conditions for catches and by-catches

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.

1.

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

(a)

(b)

(c)

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

Article 7

Fishing effort limits

the catches form part of a Community quota and
that quota has not been exhausted, or

Fishing effort limits are set out in Annex II.

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.

Article 8

Transitional technical and control measures

2. All

landings shall count against the respective quota,

except for catches made under paragraph 1(c).

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

CHAPTER III

FINAL PROVISIONS

Article 9

Data transmission

Article 10

Entry into force

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.

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

its

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, 22 December 2005.

For the Council

The President

B. BRADSHAW

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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

Clupea harengus

Zone:

Subdivisions 30-31
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

Clupea harengus

Zone:

Subdivisions 22-24
HER/3B23.; HER/3C22.; HER/3D24.

Denmark
Germany
Finland
Poland
Sweden

EC

TAC

6 658
26 207
3
6 181
8 451

47 500

47 500

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.

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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
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

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
Latvia

EC

TAC

18 472
21 528

40 000

40 000

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.

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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
Germany
Estonia
Finland
Latvia
Lithuania
Poland
Sweden

EC

TAC

10 415
4 143
1 015
797
3 873
2 551
11 993
10 552

45 339

49 220

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
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

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.

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Species:

Plaice
Pleuronectes platessa

Denmark
Germany
Sweden
Poland

EC

TAC

2 698
300
203
565

3 766

Not relevant

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

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: 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
Germany
Estonia
Finland
Latvia
Lithuania
Poland
Sweden

EC

TAC

93 512 (1)
10 404 (1)
9 504 (1)
116 603 (1)
59 478 (1)
6 992 (1)
28 368 (1)
126 399 (1)

451 260 (1)

460 000 (1)

(1) Expressed by number of individual fish.

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.

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Species: Atlantic salmon

Salmo salar

Zone:

Subdivision 32
SAL/3D32.

Estonia
Finland

EC

TAC

1 581 (1)
13 838 (1)

15 419 (1)

17 000 (1)

(1) Expressed by number of individual fish.

Species:

Sprat
Sprattus sprattus

Denmark
Germany
Estonia
Finland
Latvia
Lithuania
Poland
Sweden

EC

TAC

41 512
26 299
48 204
21 730
58 219
21 060
123 552
80 250

420 826

468 000

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.

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.

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ANNEX II

FISHING EFFORT LIMITS

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 shall be prohibited:

(a)

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

(b)

from 15 June to 14 September in subdivisions 25-27.

2.

For 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 shall be prohibited for:

(a)

30 calendar days in subdivisions 22-24 outside the period from 15 March to 14 May, and

(b)

27 calendar days in subdivisions 25-27 outside the period from 15 June to 14 September.

3.

4.

At the request of the Commission, Member States shall provide a description of the system applied to ensure
compliance with point 2.

By way of derogation from points 1 and 2, Community vessels with an overall length of less than 12 metres
shall be permitted to retain on board and land up to 10 % cod by live weight when fishing with gillnets,
entangling nets and/or trammel nets with a mesh size equal to or greater than 110 mm.

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ANNEX III

TRANSITIONAL TECHNICAL AND CONTROL MEASURES

1.

Restrictions on fishing

1.1.

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 from 1 May to 31
October.

Area 1:

— 55o45'N, 15o30'E

— 55o45'N, 16o30'E

— 55o00'N, 16o30'E

— 55o00'N, 16o00'E

— 55o15'N, 16o00'E

— 55o15'N, 15o30'E

— 55o45'N, 15o30'E

Area 2:

— 55o00'N, 19o14'E

— 54o48'N, 19o20'E

— 54o45'N, 19o19'E

— 54o45'N, 18o55'E

— 55o00'N, 19o14'E

Area 3:

— 56o13'N, 18o27'E

— 56o13'N, 19o31'E

— 55o59'N, 19o13'E

— 56o03'N, 19o06'E

— 56o00'N, 18o51'E

— 55o47'N, 18o57'E

— 55o30'N, 18o34'E

— 56o13'N, 18o27'E

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1.2.

By way of derogation from point 1.1, fishing with gillnets, entangling nets and trammel nets with mesh size
equal to or greater than 157 mm or with lines shall be permitted. When fishing with lines, no cod shall be
retained on board.

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

2.1.1.

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 permits (1), all Community vessels of an overall length equal to
or greater than 8 m carrying on board or using any gear authorised for cod fishing in the Baltic Sea and
Sound in accordance with Regulation (EC) No 2187/2005 shall hold a special permit for fishing for cod in the
Baltic Sea.

2.1.2. A Member State may issue the special permit for fishing for cod referred to in point 2.1.1 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 required (2). However, a
Member State may issue a special permit for fishing for cod to a Community vessel, flying the flag of that
Member State, 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 referred to in point 2.1.1.

2.1.3.

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.

2.1.4. 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.

2.2.

Logbooks

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 policy (3), 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 that Regulation.

2.3.

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 fish (4), the permitted
margin of tolerance in estimating quantities, in kilograms, of fish that are retained on board Community
vessels shall be 8 % of the logbook figure.

However, for catches which are landed unsorted the permitted margin of tolerance in estimating quantities
shall be 8 % of the total quantity landed.

(1)
(2)
(3)
(4)

OJ L 171, 6.7.1994, p. 7.

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).

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).

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).

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2.4.

Prior notification

2.4.1.

Fishing vessels fishing in Community waters of Subdivision 22-24 (Area A) or in Subdivision 25-32 (Area B)
must comply with the following conditions:

(a)

commence fishing in either Area A or B with less than 100 kg of cod on board;

(b)

if the vessel has more than 300 kg of cod on board when leaving either Area A or B and by way of
derogation from Article 7(1) of Regulation (EEC) No 2847/93, the master of the vessel shall notify the
competent authorities of the flag State one hour before leaving the Area of:

(i)

the time and position of exit,

(ii)

the quantities of species in live weight for all catch retained on board,

(iii)

the name of the landing location and the estimated time of arrival at that location;

(c) when the fishing is finished and the vessel has more than 100 kg of cod on board it shall:

(i)

go directly to port within the Area it has been fishing and land the fish, or

(ii)

go directly to port outside the Area where it has been fishing and land the fish. When leaving the
Area where it has been fishing the nets shall be stowed so that they may not readily be used in
accordance with the following conditions:

— nets, weights and similar gear shall be disconnected from their trawl boards and towing and

hauling wires and ropes,

— nets which are on or above deck shall be securely lashed to some part of the superstructure;

(d)

Vessels referred to in (b) shall not commence discharging until authorised by the competent authorities.

2.4.2. Point 2.4.1 shall not apply to vessels equipped with vessel monitoring systems in accordance with Articles 5
and 6 of Regulation (EC) No 2244/2003. However, such vessels shall transmit their catch report on a daily
basis to the Fisheries Monitoring Centre of the flag Member State, provided for by Article 3(7) of Regulation
(EEC) No 2847/93, for inclusion in its computerised database.

2.5.

Designated ports

2.5.1. When a vessel retains more than 750 kg live weight of cod, that cod may be landed exclusively at designated

ports.

2.5.2. Each Member State may designate ports at which any Baltic cod in excess of 750 kg is landed.

2.5.3. Within 15 days of the date of entry into force of this Regulation, each Member State that has established a list
of designated ports shall 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.

2.6. Weighing of cod first landed

2.6.1. 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 be weighed in the presence of controllers before it is transported
elsewhere from the port of first landing.

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2.6.2. 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 1 are reached.

2.7.

VMS messages

2.7.1. Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of

Regulation (EC) No 2244/2003 are recorded in a computer–readable form:

(a)

each entry into, and exit from, port;

(b)

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

2.7.2. 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 and made available to the Commission on request.

2.8.

Prohibition on transit and transhipment

2.8.1. 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.

2.8.2. Trans–shipment of cod is prohibited.

2.9.

Transport of Baltic cod

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

2.10.

Joint surveillance and exchange of inspectors

2.10.1. Member States shall undertake joint inspection and surveillance activities and shall establish joint operational

procedures to that effect.

2.10.2. 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.

2.10.3. Commission inspectors may participate in these joint inspection and surveillance activities.

2.10.4. 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.

2.11. National control action programmes

2.11.1. Member States concerned shall define a national control action programme for the Baltic Sea in accordance

with Appendix 2.

2.11.2. Before 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 2.11.1, together with an implementation schedule.

2.11.3. 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.

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3.

Restrictions on fishing for flounder and turbot

3.1.

The retention on board of the following species of fish which are caught within the geographical areas and
during the periods mentioned below shall be prohibited:

Species

Geographical area

Period

Flounder (Platichthys flesus)

Subdivisions 26 to 28, 29 south
of 59o30'N
Subdivision 32

15 February to 15 May

15 February to 31 May

Turbot (Psetta maxima)

Subdivisions 25 to 26, 28 south
of 58o50'N

1 June to 31 July

3.2.

By way of derogation from point 3.1, when fishing with trawls, Danish seines and similar gears with a mesh
size equal to or greater then 105 mm or with gillnets, entangling nets or trammel nets with a mesh size equal
to or greater than 100 mm, by-catches of flounder and turbot may be retained on board and landed within a
limit of 10 % by live weight of the total catch retained on board and landed during the periods of prohibition
referred to in that point.

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Appendix 1 to Annex III

Common rules for national control programmes

Objective

1.

Each Member State shall set specific inspection benchmarks in accordance with the aims set out in 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 inspection, 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 with the aim of attaining the targets set out below:

(a)

Level of inspection in ports

As a general rule, inspections shall aim to cover 20 % by weight of cod landings covering all places of
landing.

Alternatively:

(i)

inspections shall be undertaken at such frequency with the aim 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;

(ii)

this may be based on a simple random sampling or by using an appropriate sampling plan which
would achieve at least the same level of accuracy.

(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

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.

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Appendix 2 to Annex III

Contents of national control action programmes

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

1. MEANS OF CONTROL

Human resources

1.1. The numbers of shore-based and seagoing inspectors and the periods when, and zones where, they are to be

deployed.

Technical resources

1.2. The numbers of patrol vessels and aircraft and the periods when, and zones where, they are to be deployed.

Financial resources

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

2. DESIGNATION OF PORTS

Where relevant, a list of ports designated for cod landings in accordance with point 2.5.3 of Annex III.

3.

PRIOR NOTIFICATION

Description of the systems implemented to ensure compliance with the provisions in point 2.4 of Annex III.

4.

LANDINGS CONTROL

Description of any facilities and or systems implemented to ensure compliance with the provisions in points
2.3, 2.5 and 2.6 of Annex III.

5.

INSPECTION PROCEDURES

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

(a) when conducting inspections at sea and on land;

(b)

(c)

for communicating with the competent authorities designated by other Member States as responsible for
the national control action programme for cod;

for joint surveillance and exchange of inspectors, including specification of powers and authority of
inspectors operating in other Member States' waters.