Council Regulation (EC) No 1941/2006 of 11 December 2006 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2007
Date: 2006-12-11
Institutions: Council of the European Union
Subjects: Baltic Sea, authorised catch, catch by species, catch quota, fishery management, fishing area, fishing controls, fishing rights, sea fish, sea fishing

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1941/2006

of 11 December 2006

fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish
stocks applicable in the Baltic Sea for 2007

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploi-
tation of
the Common Fisheries
Policy (1), and in particular Article 20 thereof,

resources under

fisheries

Having regard to Council Regulation (EC) No 847/96 of 6 May
1996 introducing
year-to-year
management of TACs and quotas (2), and in particular Article
2 thereof,

conditions

additional

for

(4)

(5)

(6)

(7)

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

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
the report prepared by the
advice and,
Scientific, Technical
for
Fisheries.

and Economic Committee

in particular,

it

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

incumbent upon the Council

is

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

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

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

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

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.

rules

fishing

down detailed

and documentation of

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

(3) OJ L 132, 21.5.1987, p. 9.
(4) OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regu-

lation (EC) No 1804/2005 (OJ L 290, 4.11.2005, p. 10).

(5) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

(6) OJ L 333, 20.12.2003, p. 17.
(7) OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation

(EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).

(8) OJ L 365, 31.12.1991, p. 1. Regulation as amended by Commission

Regulation (EC) No 448/2005 (OJ L 74, 19.3.2005, p. 5).

(9) OJ L 349, 31.12.2005, p. 1.

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(8)

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

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

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

Article 2

Scope

1.
This Regulation shall apply to Community fishing vessels
(Community vessels) and fishing vessels flying the flag of, and
registered in, third countries operating in the Baltic Sea.

By way of derogation from paragraph 1, this Regulation
2.
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 Regu-
lation (EC) No 2371/2002, for the purposes of this Regulation
the following definitions shall apply:

(a)

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

CHAPTER II

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS

Article 4

Catch limits and allocations

The catch limits, the allocation of such limits among Member
States, and additional conditions in accordance with Article 2 of
Regulation (EC) No 847/96 are set out in Annex I to this
Regulation.

Article 5

Special provisions on allocations

The allocation of catch limits among Member States as set

1.
out in Annex I shall be without prejudice to:

(a) exchanges made pursuant to Article 20(5) of Regulation

(EC) No 2371/2002;

(b) reallocations made pursuant to Articles 21(4), 23(1) and

32(2) of Regulation (EEC) No 2847/93;

(c) additional

landings allowed under Article 3 of Regulation

(EC) No 847/96;

(d) quantities withheld in accordance with Article 4 of Regu-

lation (EC) No 847/96;

(e) deductions made pursuant to Article 5 of Regulation (EC)

No 847/96.

For the purpose of withholding quotas to be transferred to
2.
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

Fish from stocks for which catch limits are fixed shall only

1.
be retained on board or landed if:

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

(a)

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

(c)

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

(d) ‘quota’ means a proportion of the TAC allocated to the

Community, a Member State or a third country.

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

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All

landings shall count against

the
2.
Community share has not been allocated among Member
States by quotas, against
for
catches made under paragraph 1(b).

the Community share, except

the quota or,

if

3. Where the quota for herring allocated to a Member State
is exhausted, vessels flying the flag of
that Member State,
registered in the Community, and operating in the fisheries to
which the relevant quota apply shall not land catches that are
unsorted and that contain herring.

Article 7

Fishing effort limits

Fishing effort limits are set out in Annex II.

CHAPTER III

FINAL PROVISIONS

Article 9

Data transmission

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

Article 10

Entry into force

Article 8

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

Transitional technical and control measures

Transitional
Annex III.

technical and control measures are set out

in

It shall apply from 1 January 2007.

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

Done at Brussels, 11 December 2006.

For the Council
The President

S. HUOVINEN

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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:

Finland
Sweden

EC

TAC

Herring
Clupea harengus

Zone:

Subdivisions 30-31
HER/3D30.; HER/3D31.

75 099
16 501

91 600

91 600

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 applies.
Article 4 of Regulation (EC) No 847/96 applies.
Article 5(2) of Regulation (EC) No 847/96 applies.

Species:

Herring
Clupea harengus

Zone:

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

Denmark
Germany
Finland
Poland
Sweden

EC

TAC

6 939
27 311
3
6 441
8 806

49 500

49 500

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 applies.
Article 4 of Regulation (EC) No 847/96 applies.
Article 5(2) of Regulation (EC) No 847/96 applies.

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Species:

Herring
Clupea harengus

Zone:

Subdivisions 25-27, 28.2, 29 and 32
HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.;
HER/3D29.; HER/3D32.

Denmark
Germany
Estonia
Finland
Latvia
Lithuania
Poland
Sweden

EC

TAC

Species:

Estonia
Latvia

EC

TAC

2 920
774
14 910
29 105
3 680
3 874
33 066
44 389

132 718

Not relevant

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Article 5(2) of Regulation (EC) No 847/96 applies.

Herring
Clupea harengus

Zone:

Subdivision 28.1
HER/03D.RG.

17 317
20 183

37 500

37 500

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 applies.
Article 4 of Regulation (EC) No 847/96 applies.
Article 5(2) of Regulation (EC) No 847/96 applies.

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Species:

Cod
Gadus morhua

Zone:

Subdivisions 25-32 (EC-waters)
COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.;
COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.

Denmark
Germany
Estonia
Finland
Latvia
Lithuania
Poland
Sweden

EC

TAC

9 374
3 729
913
717
3 485
2 296
10 794
9 497

40 805 (1)

Not relevant

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Article 5(2) of Regulation (EC) No 847/96 applies.

(1) If by 30 June 2007 the Council has not adopted a regulation establishing a multi-annual plan for the cod stocks in the Baltic Sea and
the fisheries exploiting those stocks, from 1 July 2007 the TAC and quotas for this stock shall be those set out in Appendix 1 to this
Annex. By that date any catches in excess of Member States respective quotas as laid down in that Appendix will be discounted from
their prospective quotas in 2008.

Species:

Cod
Gadus morhua

Zone:

Subdivisions 22-24 (EC waters)
COD/3B23.; COD/3C22.; COD/3D24.

Denmark
Germany
Estonia
Finland
Latvia
Lithuania
Poland
Sweden

EC

TAC

11 653
5 697
258
229
964
625
3 118
4 152

26 696

26 696 (1)

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.

(1) If by 30 June 2007 the Council has not adopted a regulation establishing a multi-annual plan for the cod stocks in the Baltic Sea and
the fisheries exploiting those stocks, from 1 July 2007 the TAC and quotas for this stock shall be those set out in Appendix 1 to this
Annex. By that date any catches in excess of Member States respective quotas as laid down in that Appendix will be discounted from
their prospective quotas in 2008.

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Species:

Plaice
Pleuronectes platessa

Denmark
Germany
Sweden
Poland

EC

TAC

2 698
300
203
565

3 766

Not relevant

Zone:

IIIbcd (EC waters)
PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.;
PLE/3D27.; PLE/3D28.; PLE/3D29.;
PLE/3D30.; PLE/3D31.; PLE/3D32.

Precautionary TAC.
Article 3 of Regulation (EC) No 847/96 applies.
Article 4 of Regulation (EC) No 847/96 applies.
Article 5(2) of Regulation (EC) No 847/96 applies.

Species:

Atlantic salmon
Salmo salar

Zone:

IIIbcd (EC waters) excluding Subdivision 32
SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.;
SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.;
SAL/3D30.; SAL/3D31.

Denmark
Germany
Estonia
Finland
Latvia
Lithuania
Poland
Sweden

EC

TAC

88 836 (1)
9 884 (1)
9 028 (1)
110 773 (1)
56 504 (1)
6 642 (1)
26 950 (1)
120 080 (1)

428 697 (1)

Not relevant (1)

(1) Expressed by number of individual fish.

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Article 5(2) of Regulation (EC) No 847/96 applies.

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Atlantic salmon
Salmo salar

Zone:

Subdivision 32
SAL/3D32.

Species:

Estonia
Finland

EC

TAC

1 581 (1)
13 838 (1)

15 419 (1)

Not relevant (1)

(1) Expressed by number of individual fish.

Species:

Sprat
Sprattus sprattus

Denmark
Germany
Estonia
Finland
Latvia
Lithuania
Poland
Sweden

EC

TAC

44 833
28 403
52 060
23 469
62 877
22 745
133 435
86 670

454 492

Not relevant

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.
Article 5(2) of Regulation (EC) No 847/96 applies.

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

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Appendix 1 to Annex I

Species:

Cod
Gadus morhua

Zone:

Subdivisions 25-32 (EC-waters)
COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.;
COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.

Denmark
Germany
Estonia
Finland
Latvia
Lithuania
Poland
Sweden

EC

TAC

8 849
3 520
862
677
3 290
2 168
10 191
8 965

38 522

Not relevant

Species:

Cod
Gadus morhua

Zone:

Subdivisions 22-24 (EC waters)
COD/3B23.; COD/3C22.; COD/3D24.

Denmark
Germany
Estonia
Finland
Latvia
Lithuania
Poland
Sweden

EC

TAC

10 537
5 152
234
207
872
565
2 819
3 754

24 140

24 140

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ANNEX II

1.

Fishing effort limits

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

(a)

from 1 to 7 January, 31 March to 1 May and 31 December in Subdivisions 22 to 24; and

(b) from 1 to 7 January, 5 to 10 April, 1 July to 31 August and 31 December in Subdivisions 25 to 27.

1.2. For fishing vessels flying their flag, Member States shall ensure that fishing with trawls, seines or similar gears of a
mesh size equal to or greater than 90 mm or with bottom set gillnets, entangling nets and trammel nets of a mesh
size equal to or greater than 90 mm or with bottom set lines or long lines shall also be prohibited for:

(a) 77 calendar days in subdivisions 22 to 24 outside the period referred to in point 1.1(a); and

(b) 67 calendar days in subdivisions 25 to 27 outside the period referred to in point 1.1(b).

Member States shall divide the days referred to in points (a) and (b) into periods of not less than 5 days.

1.3. Member States shall, not later than 7 January 2007, notify to the Commission and make available on their websites
the precise dates of the calendar days referred to in point 1.2 which should be identical for fishing vessels flying the
flag of the respective Member State.

1.4. By way of derogation from points 1.1 and 1.2, Community fishing vessels with an overall length of less than 12
metres and fishing within the territorial sea shall be permitted to retain on board and land up to 20 kg or 10 % cod
by live weight, whatever is the higher, when fishing with gillnets, entangling nets and/or trammel nets with a mesh
size equal to or greater than 110 mm.

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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
— 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 permits (1), all Community fishing 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.

(1) OJ L 171, 6.7.1994, p. 7.

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2.1.2. Member States shall

issue the special permit for fishing for cod referred to in paragraph 2.1.1 only to
Community fishing vessels holding in 2006 a special permit for fishing for cod in the Baltic Sea in accordance
with point 6.2.1 of Annex III to Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the
fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in
Community waters and, for Community vessels, in waters where catch limitations are required (1). However, a
Member State may issue a special permit for fishing for cod to a Community fishing vessel, flying the flag of that
Member State, not holding a special fishing permit in 2006 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
2.1.1.

2.1.3.

Each Member State shall establish and maintain a list of fishing 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 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 this permit on board the fishing
vessel.

2.2.

Logbooks

2.2.1.

By way of derogation from Article 6(4) of Regulation (EEC) No 2847/93, the masters of Community fishing
vessels of an overall length equal to or greater than 8 m shall keep a logbook of their operations when a fishing
trip includes any part of Subdivisions 22 to 27 in accordance with Article 6 of Regulation (EEC) No 2847/93.

2.2.2.

For fishing vessels fitted with vessel monitoring systems (VMS), Member States shall verify that the information
received at the Fisheries Monitoring Centre (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.

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 2.6 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 permitted margin of tolerance in
estimating quantities, in kilograms, of species subject to TAC that are retained on board vessels shall be 10 % of
the logbook figure except for cod in which case the margin of tolerance shall be 8 %.

2.3.2.

For catches taken in Subdivisions 22 to 27 which are landed unsorted the permitted margin of tolerance in
estimating quantities shall be 10 % of the total quantity that is retained on board.

2.4.

Monitoring and control of fishing effort

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

(a)

fishing effort limits provided for in points 1.1 and 1.2 of Annex II;

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

(1) 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).

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2.5.

Entry into or exit from specific areas

2.5.1. A fishing vessel may commence fishing activity in Community waters in either Subdivisions 22 to 24 (Area A)

or Subdivision 25 to 27 (Area B) with less than 175 kg of cod on board.

2.5.2. When a fishing vessel exits from either Area A, B or Subdivision 28 to 32 (Area C) with more than 175 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.

2.5.3. When leaving the Area where the fishing 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 gears 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.

2.5.4.

Points 2.5.1, 2.5.2 and 2.5.3 shall not apply to vessels equipped with VMS in accordance with Articles 5 and 6
of Regulation (EC) No 2244/2003. However, such vessels shall transmit their catch report on a daily basis to the
FMC of the flag Member State, provided for by Article 3(7) of Regulation (EEC) No 2847/93, for inclusion in its
computerised database.

2.6.

Prior notification

2.6.1.

The master of a Community fishing vessel leaving Subdivision 22 to 24 (Area A), Subdivision 25 to 27 (Area B)
or Subdivision 28 to 32 (Area C) with more than 300 kg in live weight 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 total quantity of cod and the total weight of other species in live weight retained on board.

2.6.2.

The notification provided for in point 2.6.1 may also be made by a representative on behalf of the master of the
Community fishing vessel.

2.6.3.

By way of derogation from Article 7(1) of Regulation (EEC) No 2847/93, the master, or his authorised
representative, of a Community fishing 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 total quantity of cod and the total weight of other species in live weight retained on board.

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2.7.

Designated ports

2.7.1. When a fishing vessel retains more than 750 kg of cod live weight, the cod may be landed exclusively at

designated ports.

2.7.2.

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

2.7.3.

By 6 January 2007, 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.

2.8.

Weighing of cod first landed

2.8.1.

Fishing vessels with more than 200 kg in live weight of cod on board shall not commence discharging until
authorised by the competent authorities of the place of discharge.

2.8.2.

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.

2.9.

Inspection benchmarks

Each Member State bordering 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.

2.10.

Prohibition on transiting and transhipping

2.10.1. Transit within areas closed for cod fishing is prohibited unless fishing gear on board is securely lashed and

stowed in accordance with point 2.5.3.

2.10.2. Transhipment of cod is prohibited.

2.11.

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.

2.12.

Joint surveillance and exchange of inspectors

2.12.1. Member States concerned shall undertake joint inspection and surveillance activities. The Community Fisheries
Control Agency (CFCA) shall coordinate the planning and the operation of these activities by the Member States.

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

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2.12.3. A meeting of the competent national inspection authorities shall be convened by the CFCA before 15 November

2007 to coordinate the joint inspection and surveillance programme for 2008.

2.13.

National control action programmes on cod fisheries

2.13.1. Each of the Member States concerned shall define a national control action programme for the Baltic Sea in

accordance with Appendix 2.

2.13.2. 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.

2.13.3. 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 programmes as
referred to in point 2.14.1, together with an implementation schedule.

2.13.4. 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.

2.14.

Specific monitoring programme

2.14.1. By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific control and inspection

programme for the cod stocks concerned may last for more than three years.

3.

Restrictions on fishing for flounder and turbot

3.1.

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

Species

Geographical area

Period

Flounder (Platichthys flesus)

Subdivisions 26 to 28, 29 south of 59° 30′ N 15 February to 15 May

Subdivision 32

15 February to 31 May

Turbot (Psetta maxima)

Subdivisions 25 to 26, 28 south of 56° 50′ N 1 June to 31 July

3.2.

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

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Appendix 1 to Annex III

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 State 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. By 22 January 2007, 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.

(d) Level of aerial surveillance

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

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Appendix 2 to Annex III

Contents of national control action programmes for cod fisheries

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 and 2.6 of Annex III.

3. DESIGNATION OF PORTS

Where relevant, a list of ports designated for cod landings in accordance with point 2.7 of Annex III.

4. NOTIFICATION OF ENTRY AND EXIT

Description of the systems implemented to ensure compliance with the provisions in point 2.5 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, 2.8, 2.10, and 2.11 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) for communicating with the competent authorities designated by other Member States as responsible for the

national control action programme for cod;

(c)

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