Proposal for a Council Regulation Establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks
Date: 2006-07-24
Institutions: European Commission
Subjects: Baltic Sea, conservation of fish stocks, fishery management, fishing area, fishing controls, fishing regulations, sea fish, sustainable development

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.7.2006 
COM(2006) 411 final 

2006/0134 (CNS) 

Proposal for a 

COUNCIL REGULATION 

Establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries 
exploiting those stocks 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

Recent scientific advice from the International Council for the Exploration of the Sea 
(ICES)  has  indicated  that  the  two  cod  stocks  in  the  Baltic  Sea  are  suffering  from 
unsustainable exploitation levels. The eastern cod stock in ICES Subdivisions 25 to 32 
has been subject to levels of mortality by fishing which have eroded the stock size to 
the point at which the stock may not be able to replenish itself by reproduction and that 
the  stock  is  therefore  threatened  with  collapse.  The  western  cod  stock  in  ICES 
Subdivisions 22 to 24, although in a somewhat better state, is also exposed to very high 
levels of fishing resulting in yields well below the long-term potential level. 

The  objective  is  therefore  to  establish  a  multi-annual  plan  for  the  long-term 
management  of  the  fisheries  on  the  cod  stocks  in  the  Baltic  Sea  to  ensure  that  the 
exploitation  of  Baltic  cod  stocks  is  in  conformity  with  the  overall  objective  of  the 
Common Fisheries Policy of providing sustainable economic, environmental and social 
conditions.  

120 

•  General context 

The  International  Baltic  Sea  Fishery  Commission  (IBSFC)  adopted  in  2003  a 
management plan for the fisheries on the cod stocks in the Baltic Sea. The management 
plan  defined  management  targets  and  included  procedures  for  setting  total  allowable 
catches  (TACs)  for  the  two  stocks,  technical  measures  for  limiting  fishing  effort  and 
improving  the  selectivity  in  the  cod  fisheries,  and  a  commitment  to  continue  to  co-
operate on control and enforcement. 

The advice received from ICES points to a number of weaknesses in the management 
plan  and  shows  that  at  present  it  is  very  difficult  to  implement  the  plan.  The  main 
weaknesses are the dependency of scientific advice on catch levels for the coming year 
and the reliance on enforcement of the agreed TACs and quotas. 

Because  of  uncertainty  in  the  assessment  of  the  size  of  the  stocks  ICES  is  not  in  the 
position to produce catch forecasts with the accuracy required to implement the plan. 

The success of the IBSFC management plan relies on implementation and enforcement 
of the TACs and quotas. It has, however, become clear that the agreed quotas are not 
respected and significant quantities of cod from especially the eastern stock are landed 
without being reported. ICES estimates that in the order of 35%-45% of the eastern cod 
landings have not been reported in recent years.  

A number of technical measures affecting the fisheries on cod are in force in the Baltic 
Sea.  These  measures  include  closed  areas/seasons  to  limit  the  fishing  effort  and  gear 
specific  measures  to  enhance  the  selectivity  in  the  fisheries.  In  particular  the 
introduction of the Bacoma trawl (a trawl with a square meshed window in the codend) 
has  been  shown  to  have  had  a  positive  impact  and  has  reduced  the  catches  of 
undersized cod. The technical measures have, however, not been sufficient to address 

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the problem of unsustainable fishing levels. 

The  overall  conclusion  is  that  the  present  IBSFC  management  plan  cannot  be 
implemented  and  enforced.  It  is  therefore  necessary  that  the  management  plan  be 
revised.  

130 

•  Existing provisions in the area of the proposal 

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy, sets 
the general framework for sustainable exploitation of fisheries resources, and identifies 
the situations in which the Council shall adopt management plans.  

Council  Regulation  (EC)  No  2187/05  of  21  December  2005  outlines  all  permanent 
technical measures for the conservation of fishery resources in the waters of the Baltic 
Sea, the Belts and the Sound. However, continuative technical measures related to the 
long-term  management  of  the  cod  stocks  are  included  in  this  proposal.  Among  these 
measures are the proposed areas and seasons closed to fisheries catching cod. 

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  has  a  number  of  temporary  provisions 
related  to  the  management  of  the  cod  fisheries  in  the  Baltic.  To  the  extent  these 
provisions are relevant for the management of the cod stocks the provisions have been 
included in the proposal.  

140 

•  Consistency with the other policies and objectives of the Union 

The  proposal's  objective  of  sustainable  development 
the 
Community's environmental policy, especially the elements of that policy dealing with 
protecting natural habitats and preserving natural resources.  

is  consistent  with 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

The  proposal  is  based  on  several  consultations  with  Member  States  as  well  as 
representatives for stakeholders. 

The Commission issued, in September 2004 to Member States and stakeholders, a non-
paper  discussing  the  problems  related  to  the  management  of  the  fisheries  on  cod  and 
possible elements to be included in a management plan. The non-paper was discussed 
with Member States at an informal meeting on 5 October 2004. The general response 
was  positive.  All  Member  States  supported  the  development  of  a  new  management 
plan for the cod stocks which would include an effort limitation system. This support 
was  confirmed  at  the  Fisheries  Council  meeting  in  December  where  the  Council  and 
the Commission issued a joint statement committing them to develop in 2005 a long-
term management plan for Baltic cod including a recovery plan for the Eastern stock. 

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Following up on its joint statement with the Council the Commission issued a revised 
non-paper  in  April  2005.  This  paper  was  discussed  with  stakeholders  at  a  regional 
workshop held in Brussels on 3 May and with Member States on 6 June. 

Both stakeholders and Member States supported the general outline of the management 
plan as presented in the non-paper. Important issues raised were the need to reduce the 
exploitation  gradually  towards  long-term  sustainable  levels  and  the  importance  of 
introducing  a  system  for  managing  the  fishing  effort  that  would  be  acceptable  to  the 
fishing industry. In this respect neither Member States nor stakeholders could accept a 
system similar to the "days absent from port" system currently in force in the North Sea 
and west of Scotland. 

On  the  basis  of  the  responses  from  Member  States  and  stakeholders  and  taking  into 
account  new  scientific  advice  from  the  ICES,  the  Commission  developed  a  draft 
proposal for a Council Regulation. Stakeholders were consulted on the draft proposal 
on 23 August and Member States were consulted in the margins of the annual session 
of the IBSFC 5 to 9 September.  

Summary of responses and how they have been taken into account 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

212 

221 

ICES  and  STECF  were  requested  to  provide  scientific  advice  on  the  long-term 
management of the fisheries exploiting cod in the Baltic Sea and especially on suitable 
harvest rules to be applied in the recovery phase and when the stocks have recovered. 
The proposal is based on the advice received. 

2249 

Summary of advice received and used 

225 

226 

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The  existence  of  potentially  serious  risks  with  irreversible  consequences  associated 
with the implementation of the plan has not been mentioned. 

The general advice received from ICES and STECF  is  that to ensure high yields and 
low risk to the stock the fishing mortality should be reduced considerably. The advice 
furthermore indicates that a gradual approach whereby the fishing effort is reduced to 
the advised levels stepwise over a number of years would with high probability result 
in sustainable fishing levels if fully implemented and enforced. 

Means used to make the expert advice publicly available 

The advice from ICES and STECF is publicly available on their respective websites. 

•  Impact assessment 

The proposed measures would, if implemented, result in: 

a) 

for the cod stocks 

•  rebuilding of the Baltic cod stocks to sustainable levels and maintenance of 

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those levels thereafter 

•  change in the age composition towards older and larger fish  

b) 

for other stocks 

•  the fishing mortality on stocks (mainly flatfish stocks) caught together with 

cod in the demersal fisheries will be reduced 

•  no  analytical  assessment  is  available  for  these  associated  stocks  and  the 
impact of reduced fishing mortality on the stock development and catches 
can not be assessed 

c) 

for the fishing effort 

•  a  general  reduction  in  the  fishing  effort  in  the  fleet  segments  exploiting 

demersal species in the Baltic Sea 

d) 

for the impact of fishing on the environment 

•  reduced impact of the demersal fisheries on the environment 

e) 

for the catching sector 

•  stable catches of cod in the recovery period followed by increased catches 

•  increased catch per unit effort 

The economic consequences for the fishing sector of the management plan depend on 
how the plan is implemented by Member States. The current fishing mortalities on the 
two stocks are between two and three times the proposed target levels and to reach the 
targets, fishing effort will have to be reduced proportionally. The plan will therefore if 
implemented result in a gradual reduction in fishing effort of between 50% and 75%. 
This means with unchanged fleet capacity a proportional reduction in the time periods 
where  demersal  fisheries  are  allowed.  If,  however,  the  capacity  of  the  fleet  segments 
exploiting cod is reduced, by for example decommissioning programs, the reduction in 
periods open to demersal fisheries would be less. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

310 

•  Legal basis 

The legal basis for this proposal is Article 37 of the Treaty establishing the European 
Community.  

When the Common Fisheries Policy was reformed in 2002 and Article 5 on recovery 
plans and Article 6 on management plans were introduced in Council Regulation (EC) 
2371/2002, the focus were on the management of single stocks being in strong need for 
recovery measures. Such stocks required a different approach than those clearly within 
safe biological limits.  

However,  certain  fisheries  have  strong  interactions  and/or  links  with  each  other  and 

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require  a  joint  management  approach  in  order  to  define  long-term  objectives  and 
develop  an  efficient  management  framework.  As  both  cod  stocks  concerned  by  the 
present  proposal  are  exploited  by  the  same  fishing  vessels,  it  is  a  prerequisite  that  a 
multi-annual plan for the long-term management is applied to both stocks concurrently, 
although the conservation status of the stocks is different.  

The status of a fish stock can be so closely within or outside safe biological limits that 
the stock size might fluctuate around this threshold from year to year. As this situation 
might arise during the application of this plan, a built-in flexibility is required to deal 
with it, while aiming for the maintenance of sustainable levels for the stocks. Therefore 
this  proposal  cannot  be  adopted  in  conformity  with  Articles  5  and  6  of  Regulation 
2371/2002, although the proposal corresponds to the same philosophy of multi-annual 
plans that inspired such articles.  

329 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

331 

The cod stocks in the Baltic Sea are distributed across most of the Baltic Sea and are 
found  in  waters  of  all  Member  Stats  bordering  the  Baltic  Sea.  Actions  taken  by 
Member States separately will not be sufficient to guarantee the exploitation of the cod 
resources in accordance with the objectives of the Common Fishery Policy and action 
on Community level is therefore required.  

The  fisheries  on  cod  have  until  now  been  managed  by  total  allowable  catches 
supported  by technical measures. These measures have proved not to be sufficient to 
limit the exploitation to sustainable levels and additional measures at Community level 
are  required.  The  measures  proposed  call  for  a  gradual  reduction  of  fishing  effort  in 
addition  to  the  annual  adjustments  of  the  total  allowable  catch.  These  measures  are 
accompanied by monitoring, inspection and surveillance measures.  

4)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

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532 

The proposal includes a review clause. 

The proposal includes a revision clause. 

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570 

•  Detailed explanation of the proposal 

The proposal establishes a plan to rebuild and manage the cod stocks in the Baltic Sea 
according to the objectives of the Common Fisheries Policy. To achieve the objectives 
the exploitation of the cod stocks must be reduced to levels that with high probability 
ensure that the stocks are rebuilt to acceptable levels of stock biomass, providing a high 
level of stability in TACs and high yields. Targets are therefore set in terms of fishing 
mortality  rates  that  are  sufficiently  low  to  allow  the  stocks  to  rebuild  to  sustainable 
levels and sufficiently high to guarantee high yields. 

The  proposed  minimum  fishing  mortality  rates  are  based  on  scientific  advice  from 
ICES and reflect the current biological situation in the Baltic Sea. A revision clause is 
included  in  the  proposal  to  ensure  that  the  minimum  fishing  mortality  rates  can  be 
amended if appropriate in the light of new scientific information and advice. 

The  mechanism  for  reaching  the  targets  is  two-fold.  An  annual  10%  reduction  in 
fishing effort and in fishing mortality is required until the objectives are met. Specific 
rules  describe  how  the  fishing  effort  adjustments  are  made,  and  how  scientific 
information will be used in setting total allowable catches that correspond to the effort 
limits. 

The plan contains provisions for a review every three years to verify the performance 
and appropriateness of the management arrangements 

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2006/0134 (CNS) 

Proposal for a 

COUNCIL REGULATION 

Establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries 
exploiting those stocks 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
37 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

Recent scientific advice from the International Council for the Exploration of the Sea 
(ICES) indicates that the cod stock in ICES Subdivisions 25 to 32 of the Baltic Sea has 
declined to levels where it is suffering from reduced reproductive capacity and that the 
stock is being harvested unsustainably. 

Recent scientific advice from ICES indicates that the cod stock in ICES Subdivisions 
22, 23 and 24 of the Baltic Sea is over-exploited and has reached levels where it is at 
risk of reduced reproductive capacity. 

(3)  Measures need to be taken to establish a multi-annual plan for fisheries management 

of the cod stocks in the Baltic Sea.  

(4) 

(5) 

The  objective  of  the  plan  is  to  ensure  that  Baltic  cod  stocks  can  be  exploited  under 
sustainable economic, environmental and social conditions. 

Regulation (EC) No 2371/2002 requires inter alia that, to achieve that objective, the 
Community is to apply the precautionary approach in taking measures to protect and 
conserve  the  stock,  to  provide  for  its  sustainable  exploitation  and  to  reduce  to  a 
minimum the impact of fishing on marine ecosystems. It should aim at a progressive 
implementation of an ecosystem-based approach to fisheries management, and should 
contribute to efficient fishing activities within an economically viable and competitive 
fisheries industry, providing a fair standard of living for those who depend on fishing 
Baltic cod and taking the interests of consumers into account. 

1 
2 

OJ C , , p. . 
OJ C , , p. . 

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(6) 

(7) 

(8) 

(9) 

In  order  to  achieve  the  objective  the  Eastern  stock  must  be  rebuilt  to  safe  biological 
limits and  for both stocks  levels where their full reproductive capacity is maintained 
and the highest long-term yields can be reached must be ensured.  

This can be achieved by establishing an appropriate method for gradually reducing the 
fishing effort in fisheries catching cod to levels that are consistent with the objective, 
and by fixing the total allowable catches (TACs) for the cod stocks at levels consistent 
with the fishing effort. 

As catches of cod in the fisheries for herring and sprat and in gillnet and entangling-
net  fisheries  for  salmon  are  very  limited,  these  fisheries  should  not  be  subject  to  the 
gradual reduction in fishing effort. 

To ensure stability in the fishing possibilities, it is appropriate to limit the variation in 
the TACs from one year to the next. 

(10)  An appropriate implementation of the control of fishing effort is to regulate the length 

of the periods when cod fishing is allowed. 

(11)  Control  measures  are  needed  in  addition  to  or  by  way  of  derogation  from  those  laid 
down in Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general 
provisions concerning special fishing permits3, Council Regulation (EEC) No 2847/93 
of 12 October 1993 establishing a control system applicable to the common fisheries 
policy4 and Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying 
down  detailed  rules  for  recording  information  on  Member  States’  catches  of  fish5  in 
order to ensure compliance with the measures laid down in this Regulation, 

HAS ADOPTED THIS REGULATION: 

CHAPTER I 
SUBJECT MATTER, SCOPE AND DEFINITIONS 

Article 1 

Subject matter 

This  Regulation  establishes  a  multi-annual  plan  for  the  following  cod  stocks  (hereinafter 
referred to as ‘the cod stocks concerned’) and the fisheries exploiting those stocks: 

(a) 

(b) 

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4 

5 

cod which inhabits Subdivisions 22, 23 and 24; 

cod which inhabits Subdivisions 25 to 32. 

OJ L 171, 6.7.1994, p. 7 
OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 
16.5.2003, p. 1). 
OJ L 276, 10.10.1983, p. 1 

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Article 2 

Scope 

This Regulation shall apply to Community fishing vessels (Community vessels) operating in 
the  Baltic  Sea  and  Member  States  bordering  the  Baltic  Sea  (hereinafter  referred  to  as  the 
Member States concerned). 

Article 3 

Definitions 

For the purposes of this Regulation, the following definitions shall apply in addition to those 
laid down in Article 3 of Regulation (EC) No 2371/2002 and Article 2 of Regulation (EC) No 
2187/05: 

(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. 

VMS  means  a  vessel  monitoring  systems  (VMS)  according  to  Commission 
Regulation (EC) No 2244/2003 laying down detailed provisions regarding satellite-
based Vessel Monitoring Systems6, 

CHAPTER II 
OBJECTIVE AND TARGETS 

Article 4 

Objective and targets 

The  plan  shall  ensure  the  sustainable  exploitation  of  the  cod  stocks  concerned  by  gradually 
reducing and maintaining the fishing mortality rates at levels no lower than:  

1) 

2) 

0.6 on ages 3 to 6 years for the cod stock in Subdivisions 22, 23 and 24, and 

0.3 on ages 4 to 7 years for the cod stock in Subdivisions 25 to 32. 

6 

OJ L 333, 20.12.2003, p17 

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CHAPTER III 
TOTAL ALLOWABLE CATCHES 

Article 5 

Setting of TACs 

1. 

2. 

1. 

2. 

3. 

4. 

Each year, the Council shall decide by a qualified majority on the basis of a proposal 
from  the  Commission  on  the  TACs  for  the  following  year  for  the  cod  stocks 
concerned. 

The TACs for the cod stocks concerned shall be set in accordance with Articles 6 and 
7. 

Article 6 

Procedure for setting the TACs for the cod stocks concerned 

The Council shall adopt the TAC for the cod stocks concerned that, according to a 
scientific  evaluation  carried  out  by  the  Scientific,  Technical  and  Economic 
Committee for Fisheries (STECF), is the higher of: 

(a) the TAC that would result in a 10% reduction in the fishing mortality rate in 
its year of application compared to the fishing mortality rate estimated for the 
preceding year. 

(b) the TAC that would result in the level of fishing mortality rate defined in 
Article 4. 

Where the application of paragraph 1 would result in a TAC that exceeds the TAC 
for  the  preceding  year  by  more  than  15%,  the  Council  shall  adopt  a  TAC  which  is 
15% greater than the TAC of that year. 

Where the application of paragraph 1 would result in a TAC that is more than 15% 
below the TAC of the preceding year, the Council shall adopt a TAC which is 15% 
less the TAC of that year. 

Paragraph 3 shall not apply where a scientific evaluation carried out by the STECF 
shows  that  the  fishing  mortality  rate  in  the  year  of  application  of  the  TAC  will 
exceed  a  value  of  1  per  year  from  the  ages  3  to  6  years  for  the  cod  stock  in 
Subdivisions 22, 23 and 24 or a value of 0.6 per year for the ages 4 to 7 years for the 
cod stock in Subdivisions 25 to 32. 

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Article 7 

Derogation from Article 6 

By  way  of  derogation  from  Article  6,  the  Council  may,  where  it  considers  this  appropriate, 
adopt a TAC that is below the TAC that follows from applying Article 6.  

CHAPTER IV 
FISHING EFFORT LIMITATION 

Procedure for setting periods when fishing with gear of a mesh size equal to or larger 
than 90 mm or with bottom set lines is allowed 

Article 8 

1. 

2. 

3. 

4. 

It shall be prohibited to fish with trawls, Danish seines or similar gear of a mesh size 
equal  to  or  larger  than  90 mm,  with  gillnets,  entangling  nets  or  trammel  nets  of  a 
mesh size equal to or larger than 90 mm, or with bottom set lines: 

(a) 

from 15 March to 14 May in Subdivisions 22, 23 and 24, and 

(b) 

from 15 June to 14 September in Subdivisions 25 to 27.  

The Council shall decide each year by a qualified majority on additional periods in 
the following year when fishing with the gear referred to in paragraph 1 is prohibited, 
in accordance with the rules set out in paragraphs 3 and 4. 

Where  the  fishing  mortality  rate  for  one  of  the  cod  stocks  concerned  has  been 
estimated  by  the  STECF  to  be  at  least  10%  higher  than  the  minimum  fishing 
mortality  rate  defined  in  Article  4,  the  total  number  of  days  when  fishing  with  the 
gear referred to in paragraph 1 is allowed shall be reduced by 10% compared to the 
total number of days allowed in the current year. 

Where  the  fishing  mortality  rate  for  one  of  the  cod  stocks  concerned  has  been 
estimated by the STECF to be less than 10% above the minimum fishing mortality 
rates  defined  in  Article  4,  the  total  number  of  days  where  fishing  with  the  gear 
referred  to  in  paragraph  1  is  allowed  shall  be  equal  to  the  total  number  of  days 
allowed in the current year, multiplied by the minimum fishing mortality rate defined 
in Article 4 divided by the fishing mortality rate estimated by STECF. 

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5. 

6. 

At the request of the Commission, Member States shall provide a description of the 
system applied to ensure compliance with paragraph 2, 3 and 4. 

By  way  of  derogation  from  paragraphs  1  to  4,  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. 

Article 9 

Procedure for the recovery of fishing days 

Fishing days on which fishing for cod shall be allowed in the areas defined in Article 8 

1. 
paragraph 1, may be reallocated to Member States by the Commission on the basis of: 

a) 

permanent cessations of fishing activities that have taken place since 1 January 
2005 in the area concerned in accordance with Article 7 of Council Regulation 
(EC) No 2792/1999  

b) 

the definitive withdrawal from the area concerned 

2. 
The  additional  number  of  days  allocated  to  vessels  in  a  given  gear  category  will  be 
directly  proportional  to  the  capacity  expended  in  2005  measured  in  kilowatt  days  of  the 
withdrawn  vessels  using  the  gear  in  question  compared  to  the  comparable  level  of  effort 
expended  by  all  vessels  using  that  gear  during  2005.  Any  part  of  a  day  resulting  from  this 
calculation shall be rounded to the nearest whole day.  

3. 
Member States wishing to benefit from the allocations described in paragraphs 1 and 2 
shall  submit  a  request  to  the  Commission  with  reports  containing  the  details  of  permanent 
cessations of the fishing activities in question. On the basis of such a request the Commission 
may amend the fishing periods for that Member State in accordance with the procedure laid 
down in Article 30 of Regulation (EC) No 2371/2002. 

Article10 

Area restrictions on fishing  

1. 
It shall be prohibited to conduct any fishing activity from 1 May to 31 October within 
the  areas  enclosed  by  sequentially  joining  with  rhumb  lines  the  following  positions,  which 
shall be measured according to the WGS84 coordinate system: 

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(a) 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 

(b) 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 

(c) 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. 

2. 
By  way  of  derogation  from  paragraph  1,  fishing  with  gillnets,  entangling  nets  and 
trammel nets of a mesh size equal to or larger than 157 mm or with lines shall be permitted. 
When fishing with lines, no cod shall be retained on board. 

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CHAPTER V 
MONITORING, INSPECTION AND SURVEILLANCE 

Article 11 

Special permit for fishing for cod in the Baltic Sea 

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 permits7, all 
Community vessels of an overall length equal to or greater than eight metres carrying 
on  board  or  using  any  gears  for  cod  fishing  in  the  Baltic  Sea  in  accordance  with 
Article 3 of Regulation (EC) No 2187/2005 shall hold a special permit for fishing for 
cod in the Baltic Sea. 

Member  States  shall  issue  the  special  permit  for  fishing  for  cod  referred  to  in 
paragraph 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 required8. 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  at  least  an 
equivalent  capacity,  measured  in  kilowatts  (kW),  is  prevented  from  fishing  in  the 
Baltic Sea with any gear referred to in paragraph 1. 

Each Member State concerned 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.  

The  master  of  a  fishing  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 such permit on board the fishing vessel.  

Article 12 

Logbooks 

By  way  of  derogation  from  Article  6(4)  of  Regulation  (EEC)  No  2847/93 
establishing a control system applicable to the common fisheries policy9, the masters 
of all Community vessels of an overall length equal to or greater than eight metres 

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). 

1. 

2. 

3. 

4. 

1. 

7

8

9 

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shall  keep  a  logbook  of  their  operations  in  accordance  with  Article  6  of  that 
Regulation.  

For  vessels  fitted  with  VMS,  Member  States  shall  verify  that  the  information 
received at the FMC corresponds to activities recorded in the logbook by using VMS 
data. Such cross-checks shall be recorded in computer-readable form for a period of 
three years.  

Each  Member  State  shall  maintain  and  make  available  on  its  official  website  the 
contact  details  for  the  submission  of  logbooks,  landing  declarations  and  prior 
notifications as specified in Article 18 of this Regulation.  

Article 13 

Electronic Recording and Transmission of Catch Data 

By way of derogation from Article 1 of Commission Regulation (EEC) No 2807/83 
of  22  September  1983,  laying  down  detailed  rules  for  recording  information  on 
Member States catches of fish10, vessels equipped with VMS may have installed on 
board operational computerised means, approved by the competent authorities of the 
flag Member State, for electronic recording and reporting of information relating to 
fishing activities which is required to be recorded in a logbook. 

The  vessels  referred  to  in  paragraph  1  shall  transmit  all  the  information  recorded 
relating  to  fishing  activities  which  is  required  to  be  recorded  in  a  logbook  to  the 
Fisheries Monitoring Centre (FMC) of the flag Member State. The FMCs of the flag 
Member States shall ensure that such data are recorded in a computer readable form 
and kept for a period of three years. 

Member  States  shall  ensure  that  its  FMC  receives  the  information  referred  to  in 
paragraph  2  at  least  on  a  daily  basis  or,  if  the  FMC  requires  so  on  a  shorter  time 
intervals. 

The flag Member States shall transmit the information received in accordance with 
paragraph  2  to  the  FMC  of  the  Coastal  State  on  a  daily  basis  during  the  time  their 
fishing vessels are in the waters of that Coastal State. The FMC of the Coastal State 
may decide to require the information at shorter time intervals. 

Article 14 

Recording of Fishing Effort Data 

Fishing  vessels  shall  transmit  the  information  provided  for  in  Article  19b  of 
Regulation (EEC) No 2847/93 to the FMC of the flag Member State and include it in 

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). 

2. 

3. 

1. 

2. 

3. 

4. 

1. 

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its  computerised  database  as  referred  to  in  Article  13  of  Commission  Regulation 
(EC) No 2244/2003. 

2. 

Article 19b of Regulation (EEC) No 2847/93 shall not apply to vessels equipped with 
VMS. 

Article 15 

Monitoring and Control of Fishing Effort  

1. 

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

(a) 

fishing effort limits provided for by paragraphs 1 and 2 of Article 8. 

(b) 

restrictions on fishing provided for in Article 10. 

Each  Member  State  shall  establish  and  maintain  a  list  of  vessels  subject  to  the 
provisions of Article 8 paragraphs 1 and 2 of this Regulation by 31 January of each 
year and make it available on its official website. The list shall contain the number of 
calendar days used by each vessel in the areas referred to in Article 8 paragraphs 1 of 
this Regulation. 

The list, referred to in paragraph 2, shall be up-dated on a daily basis to reflect the 
days used by each vessel. 

2. 

3. 

Article 16 

Margin of tolerance in the logbook 

By  way  of  derogation  from  Article  5(2)  of  Regulation  (EEC)  No  2807/83,  the  permitted 
margin of tolerance in estimating quantities, in kilograms, of  fish subject to  a TAC  that are 
retained on board vessels shall be 8% of the logbook figure. 

For  catches  which  are  landed  unsorted  the  permitted  margin  of  tolerance  in  estimating 
quantities shall be 8% of the total quantity that are retained on board. 

Article 17 

Entry Into or Exit from Specific Areas 

1. 

2 

A fishing vessel may commence fishing activity in Community waters in either Sub-
divisions 22-24 (Area A) or Subdivision 25-27 (Area B) with less than 100 kg of cod 
on board. 

When  a  fishing  vessel  exits  from  either  Area  A,  B  or  Subdivision  28-32  (Area  C) 
with more than 100 kg of cod on board, it shall:  

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(a) 

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

(b)  go directly to port outside the Area where it has been fishing and land the fish.  

(c)  When  leaving  the  Area  where  the  vessel  has  been  fishing,  the  nets  shall  be 
stowed  in  accordance  with  the  following  conditions  so  that  they  may  not 
readily be used:  

(i) 

nets,  weights  and  similar  gear  shall  be  disconnected  from  their  trawl 
boards and towing and hauling wires and ropes, 

(ii)  nets which are on or above deck shall be securely lashed to some part of 

the superstructure. 

Article 18 

Prior notification  

1. 

2. 

3. 

The master of a Community fishing vessel exiting from Area A, Area B or Area C 
with more than 300 kg of cod on board shall notify the competent authorities of the 
flag Member State two hours before leaving the Area of:  

(a) 

the time and position of exit, 

(b) 

the quantities of species in live weight for all catches retained on board. 

Vessels subject to Article 13 of this Regulation shall be exempt from this obligation. 

The notification provided for in paragraph 1 may also be made by a representative of 
the master of the Community fishing vessel. 

By way of derogation from Article 7(1) of Regulation (EEC) No 2847/93, the master, 
or his authorised representative, of a Community vessel retaining more than 300 kg 
live weight of cod shall inform the competent authorities of the Member State where 
the landing will take place at least one hour prior to an entry into a landing location 
of: 

(a) 

the name of the landing location, 

(b) 

the estimated time of arrival at the landing location, 

(c) 

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

Article 19 

Designated ports 

1. 

When a vessel retains more than 750 kilograms of cod live weight, the cod may be 
landed exclusively at designated ports. 

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2. 

3. 

1. 

2. 

Each  Member  State  may  designate  ports  at  which  any  quantity  of  Baltic  cod  in 
excess of 750 kilograms is to be landed. 

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 a list of designated ports. 

Article 20 

Weighing of cod first landed 

Fishing  vessels  with  more  than  100  kg  of  cod  on  board  shall  not  commence 
discharging until authorised by the competent authorities of the place of discharge. 

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

Article 21 

Inspection Benchmarks 

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

Article 22 

Prohibition on transiting and transhipping 

1. 

2. 

3. 

Transit within areas closed for cod fishing is prohibited unless fishing gear on board 
is  securely  lashed  and  stowed  in  accordance  with  Article  17,  paragraph  2,  and 
subparagraph c. 

The transhipment of cod shall only take place in a port designated for transhipment 
by the competent authorities. 

Each  Member  State  shall  establish  and  maintain  a  list  of  ports  designated  for 
transhipment and make it available on its official website. 

Article 23 

Transport of Baltic cod 

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

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

Article 24 

Joint surveillance and exchange of inspectors 

Member States concerned shall undertake joint inspection and surveillance activities 
and shall establish joint operational procedures to that effect. 

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. 

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

A meeting of the competent national inspection authorities shall be convened by the 
Community  Fisheries  Control  Agency  (AFCA)  before  15  November  each  year  to 
coordinate the joint inspection and surveillance programme for the following year. 

Article 25 

National control action programmes  

The  Member  States  of  the  Baltic  Sea  shall  define  a  national  control  action 
programmes for the Baltic Sea in accordance with Annex II. 

The  Member  States  of  the  Baltic  Sea  shall  set  specific  inspection  benchmarks  in 
accordance  with  Annex  I.  Such  benchmarks  shall  be  revised  periodically  after  an 
analysis has been made of the results achieved. Inspection benchmarks shall evolve 
progressively until the target benchmarks defined in Annex I are reached. 

Before  the  31  January  each  year,  the  Member  States  of  the  Baltic  Sea  shall  make 
available to the Commission and other Member States bordering the Baltic Sea on its 
official website their national control action programmes as referred to in paragraph 
1, together with an implementation schedule. 

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

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

Article 26 

Specific monitoring programme 

By way of derogation from Article 34c(1) subparagraph 5 of Regulation (EEC) No 2847/93, 
the specific control and inspection programme for the cod stocks concerned may last for more 
than three years. 

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CHAPTER VI 
FOLLOW-UP 

Article 27 

Evaluation of the plan 

1. 

2. 

The Commission shall, on the basis of advice from STECF and the Baltic Regional 
Advisory  Council  (RAC),  evaluate  the  impact  of  the  management  measures  on  the 
stocks  concerned  and  on  the  fisheries  exploiting  those  stocks  in  the  third  year  of 
application of this Regulation and in each of the following years. 

The  Commission  shall  seek  scientific  advice  from  STECF  on  the  rate  of  progress 
towards  the  targets  specified  in  Article  4  in  the  third  year  of  application  of  this 
Regulation  and  each  third  successive  year  of  its  application.  Where  the  advice 
indicates  that  the  targets  are  unlikely  to  be  met,  the  Council  shall  decide  by  a 
qualified  majority  on  a  proposal  from  the  Commission  on  additional  and/or 
alternative measures required to ensure that the objectives are met. 

Article 28 

Revision of minimum fishing mortality rates 

Where the Commission, on the basis of advice from STECF, finds that the minimum fishing 
mortality  rates  given  in  Article  4  are  disaccording  with  the  objectives  of  the  management 
plan, the Council shall on the basis of a Commission proposal decide by a qualified majority 
on revised minimum fishing mortality rates that are in accordance with the objective. 

CHAPTER VII 
FINAL PROVISIONS 

Article 29 

Repeal 

1. 

2. 

Council  Regulation  (EC)  No  779/9711  of  24  April  1997,  introducing  arrangements 
for the management of fishing effort in the Baltic Sea is hereby repealed. 

Paragraph 1a of Article 19a of Regulation (EEC) No 2847/93 is hereby repealed. 

11 

OJL 113, 30.04.1997 

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Article 30 

Entry into force 

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

This Regulation shall apply from 1 January 2007. 

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 

SPECIFIC INSPECTION BENCHMARKS 

Objective 

1. 

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

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. 

Member States shall specify and describe which sampling strategy will be applied. 

The  Commission  can  have  access  on  request  to  the  sampling  plan  used  by  the 
Member State.  

a. 

Level of inspection in ports 

As a general rule, the accuracy to be achieved should be at least equivalent to what 
would  be  obtained  by  a  simple  random  sampling  method,  where  inspections  shall 
cover 20% by weight of cod landings covering all places of landing. 

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,  possibly  with  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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ANNEX II 

Contents of national control action programmes 

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

1. 

MEANS OF CONTROL 

Human resources 

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

where they are to be deployed. 

Technical resources 

1.2.  The  numbers  of  patrol  vessels  and  aircraft  and  the  periods  and  zones  where 

these are to be deployed. 

Financial resources 

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

and aircraft. 

2. 

ELECTRONIC  RECORDING  AND  REPORTING  OF 
RELATING TO FISHING ACTIVITIES 

INFORMATION 

Description of the systems implemented to ensure compliance with Articles 13, 14, 15 and 18. 

3. 

DESIGNATION OF PORTS 

Where relevant, a list of ports designated for cod landings in accordance with Article 19. 

4. 

ENTRY INTO OR EXIT FROM SPECIFIC AREAS. 

Description of the systems implemented to ensure compliance with Article 17. 

5. 

LANDINGS CONTROL 

Description  of  any  facilities  and  or  systems  implemented  to  ensure  compliance  with  the 
provisions in Articles 12, 16, 20, 22, and 23of this Regulation.  

6. 

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. 

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