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 2007
Date: 2006-09-05
Institutions: European Commission
Subjects: Baltic Sea, authorised catch, catch quota, fishery management, fishery resources, fishing area, fishing regulations, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.9.2006 
COM(2006) 485 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 2007 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  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 2007.120 

•  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.  

With a view to simplification and clarification, the fixing of fishing opportunities in the Baltic 
Sea was for the first time implemented by a separate Regulation for 2006, 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 in the Baltic Sea for 2006.  

The scientific advice on fishing opportunities in 2007 in the Baltic Sea was delivered by the 
International Council for the Exploration of the Sea (ICES) in June 2006. On the basis of the 
scientific advice the Community has discussed the TACs and quotas and associated condition 
with  the  Russian  Federation  within  the  framework  of  the  new  bilateral  fisheries  agreement, 
which was initialled in July 2006. This agreement will not formally enter into force until the 
agreement has been concluded by both Parties, for the Community in the form of a decision of 
the  Council  on  the  basis  of  a  proposal  from  the  Commission.  However,  the  Parties  have 
agreed  to  establish  management  measures  for  shared  stocks  already  from  1  January  2007 
based  on  a  provisional  application  of  the  agreement  [exchange  of  letters].  The  management 
measures  agreed  by  the  Community  and  the  Russian  Federation  are  in  accordance  with  the 
Common Fisheries Policy. 

The proposal contains three sections of importance for the management of the Baltic fisheries 
in  2007;  a  section  fixing  the  TACs  and  quotas,  a  section  limiting  the  fishing  effort  and  a 
section laying down associated technical and control measures.  

Recent scientific advice from the ICES has indicated that the two cod stocks in the Baltic Sea 
are suffering from unsustainable exploitation levels. With respect to the Eastern stock, ICES 
has recommended that no catch should be taken in 2007 and that a recovery plan should be 
developed and implemented. 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. The 
Commission  has  recently  presented  a  proposal  for  a  Council  Regulation  for  such  a  plan1. 

1 

COM(2006) 411, 24.7.2006. 

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Measures  in  the  present  proposal  concerning  monitoring,  inspection  and  surveillance  in 
connection  with  the  recovery  of  the  cod  stocks  in  question  are  in  accordance  with  the 
measures proposed in the proposal.  

•  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  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. 

Of relevance to management of the fisheries in the Baltic Sea is also 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, amending Regulation (EC) No 
1434/98 and repealing Regulation (EC) No 88/98.  

•  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 development. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

The sections on limiting the fishing effort and on laying down associated technical measures 
are  in  accordance  with  the  decisions  taken  in  the  Council  in  December  2005  on  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  and  have  been  subject  to  consultations  with  the  fishing  sector,  NGO's  dealing 
with fisheries issues in the Baltic Sea, and Member States concerned already in 2005. 

The Baltic RAC, which was founded in March 2006, has been preliminarily consulted at its 
Executive  Committee  meeting  in  June  2006.  The  scientific  basis  for  the  proposal  was 
provided by ICES, and DG FISH indicated the rules it would follow for setting the TACs and 
quotas  for  2007.  Based  on  the  new  calendar  for  the  timing  of  legislative  proposals  and 
decisions  outlined  in  the  Communication  from  the  Commission  to  the  Council  and  the 
European  Parliament  COM(2006)  246  of  24  May  2006  on  improving  consultation  on 
Community  fisheries  management  a  formal  response  of  the  Baltic  RAC  could  not  be  given 
before the presentation of the proposal. However, the preliminary views expressed during the 
meeting were taken into account. 

The  state  of  the  two  cod  stocks  were  discussed  during  the  meeting.  Both  cod  stocks  are 
overexploited, with the stock in the Eastern Baltic suffering  also from reduced reproductive 
capacity. ICES has recommended a substantial reduction in the fishing on the Western stock 
to keep the spawning stock biomass (SSB) above precautionary levels and to close the fishery 
on the Eastern stock following precautionary limits to ensure a recovery to a level within safe 
biological limits. However, implementing the reduction required to rebuild the Eastern stock 
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 

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level  of  fishing  is  gradually  reduced  to  sustainable  levels  already  in  2005.  The  approach  as 
well as the TACs following from applying the approach was supported by the sector to that 
time. 

With  a  view  to  promoting  greater  transparency  in  the  consultation  process  the  Commission 
services have informed the Baltic Sea RAC since the June meeting of the likely approach to 
be followed in the setting of the TAC for the cod stocks. 

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 by 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. According 
to  the  intention  of  the  Commission  to  ensure  the  sustainable  use  of  fishery  resources  while 
maintaining  stability  in  fishing  opportunities,  changes  in  TACs  are  limited  to  no  more  than 
15% from one year to the next.  

For the cod stocks the proposed TACs reflect  a long-term approach whereby the TACs and 
fishing effort are gradually reduced to sustainable levels over a number of years. In parallel to 
this proposal the Commission has tabled a proposal for a multi-annual plan for the cod stocks 
in the Baltic Sea and the fisheries exploiting those stocks. 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 to close the 
Eastern  Baltic  cod  fisheries  in  order  to  save  these  stocks  from  collapse.  They  reflect  the 
gradual approach to be applied in the multi-annual plan. 

The  TAC  proposal  for  the  Eastern  cod  stock  is  however  not  set  in  line  with  a  gradual 
reduction  in  fishing  effort  according  to  the  proposed  multi-annual  plan  due  to  exceptional 
circumstances. The poor state of the stock requires stronger measures to be taken in order to 
prevent  further  erosion  of  the  stock.  Given  the  current  state  of  the  stock  the  gradual  10% 
reduction in fishing mortality proposed in the plan would lead to a 26% increase in the TAC. 
Considering the intention to rebuild the stock and to ensure sustainable exploitation thereafter, 
the Commission has therefore decided to apply a bigger reduction in fishing mortality which 
corresponds to a 15% reduction of the TAC and an equivalent reduction of fishing effort for 
the vessels concerned. 

Given the scientific advice for this stock, the Commission will play particular attention to the 
impact of the proposed reduction on the state of the Eastern cod stock and, in the absence of 
Council adoption of a long-term management plan for this stock, will be obliged to propose 
even more stringent measures in future years. 

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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 sprat and 
some of the herring stocks will increase and fishermen will face lower quotas only for the cod 
stocks. The reduction in the TAC for salmon has been based on real catches and is therefore 
not expected to have an influence on the first hand value of landings. The first hand value of 
landings  from  the  Baltic  is  however,  assuming  unchanged  prices,  expected  to  decrease  by 
about 12% in 2007 due to the reduction of the TACs for the cod stocks. 

The  proposal  does  not  only  reflect  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 2007 the fishing opportunities for Member States fishing in the Baltic 
Sea.  

The TACs and quotas allocated to Member States are given in Annex I. The proposed figures 
reflect the scientific advice and the framework for setting the TACs and quotas outlined in the 
Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  about  a 
Policy Statement from the European Commission on Fishing Opportunities for 2007. 

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The TACs and quotas for the two cod stocks are closely linked to the fishing effort limits laid 
down in Annex II as well at the measures concerning monitoring, inspection and surveillance 
laid down point 2 of Annex III.  

The transitional technical measures in Annex III represent important measures concerning the 
two cod stocks in the Baltic Sea which are suffering from unsustainable exploitation levels. 
The Commission has presented a proposal for a new Regulation establishing a multi-annual 
plan  for  the  cod  stocks  in  the  Baltic  Sea  and  the  fisheries  exploiting  those  stocks,  which 
includes all these measures [COM(2006) 411]. It is expected that the proposal will be adopted 
by the Council early in 2007.  

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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 2007 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy2, 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  quotas3,  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. 

2 
3 

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

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(7) 

(8) 

(9) 

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, Commission Regulation (EC) No 
2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-
based Vessel Monitoring Systems7, and Council Regulation (EEC) No 2930/86 of 22 
September  1986  defining  characteristics  for  fishing  vessels8,  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  Atlantic9,  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 Sound10. 

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

In  order  to  ensure  the  livelihood  of  Community  fishermen,  it  is  important  to  open 
these fisheries on 1 January 2007. 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, 

HAS ADOPTED THIS REGULATION: 

CHAPTER I 
Scope and definitions 

Article 1 
Subject matter 

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

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5 

6 

7 
8 

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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 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. 
OJ L 16, 20.1.2005, p. 184. 

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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. 

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; 

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(b) 

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

(c) 

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

(d)  quantities  withheld  in  accordance  with  Article  4  of  Regulation  (EC)  No 

847/96; 

(e) 

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

2. 

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

Article 6 
Conditions for catches and by-catches 

1. 

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

(a) 

(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. 

2. 

3. 

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 
Fishing effort limits 

Fishing effort limits are set out in Annex II. 

Article 8 
Transitional technical and control measures 

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

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CHAPTER III 
Final provisions 

Article 10 
Data transmission 

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

Article 11 
Entry into force 

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

It shall apply from 1 January 2007. 

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

Done at Brussels,  

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 

72 230  

15 870  

88 100  

88 100  

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 

7 359  

28 966  

4  

6 831  

9 340  

52 500  

52 500  

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 

2 931  

 777  

14 967  

29 215  

3 693  

3 889  

33 190  

44 556  

133 218  

147 200  

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Species: 

Herring 

Zone: 

Subdivision 28.1 

Clupea harengus 

HER/03D.RG 

Estonia 

Latvia 

EC 

TAC 

15 701  

18 299  

Analytical TAC. 

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

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

34 000  

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

34 000  

Species 

Cod 

Zone: 

Subdivisions 25-32 (EC-waters) 

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

Gadus morhua 

8 849  

3 520  

862  

677  

3 290  

2 168  

10 191  

8 965   

38 522  

41 820  

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 

10 537  

5 152  

234  

207  

872  

565  

2 819  

3 754  

24 140  

24 140  

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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 

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

74 808 (1) 

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. 

8 323 (1) 

7 603 (1) 

93 280 (1) 

47 581 (1) 

5 593 (1) 

22 694 (1)  

101 119 (1) 

361 001 (1) 

368 000 (1) 

Denmark 

Germany 

Estonia 

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

EC 

TAC 

__________ 

(1) 

Expressed by number of individual fish. 

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. 

EN 

14 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
 
 
 
 
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 

42 310  

26 805  

49 131  

22 148  

59 339  

21 465  

125 927  

81 793  

428 918  

477 000  

Denmark 

Germany 

Estonia 

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

EC 

TAC 

EN 

15 

   EN 

 
 
 
 
 
 
 
  
 
  
ANNEX II 

1. 

Fishing effort limits 

1.1. 

Fishing  with  trawls,  seines  or  similar  gears  of  a  mesh  size  equal  to  or  greater  than 
90 mm or with bottom set gillnets, entangling nets and trammel nets of a mesh size 
equal to or greater than 90 mm or with bottom set lines 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. 

1.2. 

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) 

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

(b)  51 calendar days in subdivisions 25–27 outside the period from 15 June to 14 

September. 

At the request of the Commission, Member States shall provide a description of the 
system applied to ensure compliance with point 1.2. 

By way of derogation from points 1.1. and 1.2., 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. 

1.3. 

1.4. 

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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: 

– 

– 

– 

– 

– 

– 

– 

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 

EN 

17 

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– 

56°13'N, 18°27'E 

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  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.  

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 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. 

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 

2.2.1. 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 

11 
12 
13 

OJ L 171, 6.7.1994, p. 7. 
OJ L 12, 14.1.2005, p. 1. 
OJ L 261, 20.10.1993, p. 1. 

EN 

18 

   EN 

 
                                                 
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. 

2.2.2. For  vessels  fitted  with  VMS,  Member  States  shall  verify  that  the 
the  Fisheries  Monitoring  Centre  (FMC) 
information  received  at 
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.  

2.2.3. 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  point  2.8.  of  this 
Annex. 

2.3.  Margin of tolerance in the logbook 

2.3.1. By  way  of  derogation  from  Article  5(2)  of  Regulation  (EEC)  No 
2807/83, the x 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. 

2.3.2. 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. 

2.4.  Electronic Recording and Transmission of Catch Data 

2.4.1. 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  fish14,  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. 

2.4.2. The  vessels  referred  to  in  point  2.4.1.  shall  transmit  all  the  information 
recorded relating to fishing activities which is required to be recorded in 
a logbook to the 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. 

2.4.3. Member  States  shall  ensure  that  its  FMC  receives  the  information 
referred to in point 2.4.2. at least on a daily basis or, if the FMC requires 
so on a shorter time intervals. 

14 

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). 

EN 

19 

   EN 

 
                                                 
2.4.4. The  flag  Member  States  shall  transmit  the  information  received  in 
accordance with point 2.4.2. 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. 

2.5.  Recording of Fishing Effort Data 

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

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

equipped with VMS. 

2.6.  Monitoring and Control of Fishing Effort  

2.6.1. The  competent  authorities  of  the  flag  Member  State  shall  monitor  and 

control the compliance with: 

(a) 

fishing effort limits provided for in Annex II, points 1.1. and 1.2. 

(b) 

restrictions on fishing provided for in point 1 of this Annex. 

2.6.2. Each Member State shall establish and maintain a list of vessels subject 
to the provisions of Annex II, points 1.1. and 1.2. to 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 defined in Annex II, points 1.1. and 1.2. 

2.6.3. The list, referred to in point 2.6.2, shall be up-dated on a daily basis to 

reflect the days used by each vessel.  

2.7.  Entry Into or Exit from Specific Areas 

2.7.1. 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. 

2.7.2. 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:  

(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:  

EN 

20 

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(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. 

2.8.  Prior notification  

2.8.1. The  master  of  a  Community  fishing  vessel  leaving  Subdivision  22-24 
(Area  A),  Subdivision  25-27  (Area  B)  or  Subdivision  28-32  (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  point  2.4.  of  this  Annex  shall  be  exempt  from  this 
obligation. 

2.8.2. The  notification  provided  for  in  point  2.8.1.  may  also  be  made  by  a 

representative of the master of the Community fishing vessel. 

2.8.3. 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. 

2.9.  Designated ports 

2.9.1. When  a  vessel  retains  more  than  750  kilograms  of  cod  live  weight,  the 

cod may be landed exclusively at designated ports. 

2.9.2. Each Member State may designate ports at which any quantity of Baltic 

cod in excess of 750 kilograms is to be landed. 

2.9.3. 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  a  list  of  designated 
ports. 

EN 

21 

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2.10.  Weighing of cod first landed 

2.10.1. 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. 

2.10.2. 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. 

2.11.  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 Appendix 1 are reached. 

2.12.  Prohibition on transiting and transhipping 

2.12.1. Transit within areas closed for cod fishing is prohibited unless fishing 
gear  on  board  is  securely  lashed  and  stowed  in  accordance  with  point 
2.7.2(c). 

2.12.2. The transhipment of cod shall only take place in a port designated for 

transhipment by the competent authorities. 

2.13.  Transport of Baltic cod 

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

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

2.14.  Joint surveillance and exchange of inspectors 

2.14.1. Member  States  concerned  shall  undertake 

inspection  and 
surveillance activities and shall establish joint operational procedures to 
that effect. 

joint 

2.14.2. 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. 

2.14.3. Commission  inspectors  may  participate  in  these  joint  inspection  and 

surveillance activities. 

EN 

22 

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2.14.4. A  meeting  of  the  competent  national  inspection  authorities  shall  be 
convened  by  the  Community  Fisheries  Control  Agency  (AFCA)  before 
15  November  2007  to  coordinate  the  joint  inspection  and  surveillance 
programme for 2008. 

2.15.  National control action programmes  

2.15.1. Each  of  the  Member  States  concerned  shall  define  a  national  control 
action programme for the Baltic Sea in accordance with Appendix 2. 

2.15.2. Each  of  the  Member  States  concerned  shall  set  specific  inspection 
benchmarks  in  accordance  with  Appendix  1.  Such  benchmarks  shall  be 
revised  periodically  after  an  analysis  has  been  made  of  the  results 
achieved.  Inspection  benchmarks  shall  evolve  progressively  until  the 
target benchmarks defined in Appendix 2 are reached. 

2.15.3. Before  31  January  2007,  each  of  the  Member  States  concerned  shall 
make  available  to  the  Commission  and  other  Member  States  bordering 
the  Baltic  Sea  on  its  official  website  their  national  control  action 
together  with  an 
programmes  as  referred 
implementation schedule. 

in  point  2.15.1, 

to 

2.15.4. The  Commission  shall  convene  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. 

2.16.  Specific monitoring programme 

2.16.1. By  way  of  derogation  from  Article  34c(1),  subparagraph  4,  of 
Regulation  (EEC)  No  2847/93,  the  specific  control  and  inspection 
programme  for  the  cod  stocks  concerned  may  last  for  more  than  three 
years. 

EN 

23 

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Appendix 1 to Annex III 

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. 

Sampling 

4. 

Each  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. 

Target benchmarks  

5. 

Not later than one month from the date of entry into force of this Regulation, each 
Member State shall implement its inspection schedules taking account of the targets 
set out below. 

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. 

EN 

24 

   EN 

 
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. 

EN 

25 

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Appendix 2 to Annex III 

Contents of national control action programmes  

National control action programmes shall, 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 information relating to fishing activities 

Description of the systems implemented to ensure compliance with Points 2.4., 2.5., 2.6. and 
2.8. of Annex III. 

3. 

Designation of ports 

Where  relevant,  a  list  of  ports  designated  for  cod  landings  in  accordance  with  point  2.9.  of 
Annex III.  

4. 

Notification of entry and exit 

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

5. 

Landings control 

Description  of  any  facilities  and  or  systems  implemented  to  ensure  compliance  with  the 
provisions in points 2.2., 2.3., 2.10., 2.12., and 2.13. of Annex III.  

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. 

EN 

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