Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97
Date: 2007-09-18
Institutions: Council of the European Union
Subjects: Baltic Sea, authorised catch, conservation of fish stocks, fishing area, fishing controls, fishing season, fishing statistics, sea fish

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 1098/2007

of 18 September 2007

establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those
stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

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
stock is being
harvested unsustainably.

capacity and that

the

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.

Measures need to be taken to establish a multiannual
plan for fisheries management of the cod stocks in the
Baltic Sea.

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

Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of

that

inter alia,

to achieve that objective,

fisheries resources under the common fisheries policy (2)
requires,
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
those who
depend on fishing Baltic cod and taking the interests of
consumers into account.

standard of

living for

(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 must be ensured at which their full reproductive
capacity is maintained and the highest long-term yields
can be reached.

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 appro-
priate to limit the variation in the TACs from one year to
the next.

(1) Opinion of 7 June 2007 (not yet published in the Official Journal).

(2) OJ L 358, 31.12.2002, p. 59.

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(10) An appropriate implementation of the control of fishing
effort is to regulate the length of the periods when cod
fishing is allowed. Member States may set common days
when all Community vessels flying their flag are allowed
to be absent from port.

(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 permits (1), Council
Regulation (EEC) No 2847/93 of 12 October 1993
establishing a control system applicable to the common
fisheries policy (2) and Commission Regulation (EEC) No
2807/83 of 22 September 1983 laying down detailed
recording information on Member States’
rules
for
catches of fish (3)
in order to ensure compliance with
the measures laid down in this Regulation.

(b) cod which inhabits Areas B and C.

Article 2

Scope

This Regulation shall apply to Community fishing vessels with
an overall length equal to or greater than eight meters operating
in the Baltic Sea and Member States bordering the Baltic Sea
referred to as the ‘Member States concerned’).
(hereinafter
However, Article 9 shall apply to vessels with an overall
length below eight meters operating in the Baltic Sea.

Article 3

Definitions

(12) During the first three years of its application, the multi-
annual plan should be deemed to be a recovery plan
within the meaning of Article 5 of Regulation (EC)
No 2371/2002.

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 Council Regu-
lation (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 (5):

(13)

ICES Subdivision 27 or 28 might be excluded from the
provisions for the management of fishing effort due to
minimal catches in these ICES Subdivisions.

(14)

The multiannual plan provided for in this Regulation
replaces the existing arrangements on the management
fishing effort in the Baltic Sea. Therefore, Council
of
intro-
Regulation (EC) No 779/97 of 24 April 1997,
ducing arrangements for
fishing
effort in the Baltic Sea (4) should be repealed,

the management of

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter

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

(a) cod which inhabits Area A;

(a) the International Council

for the Exploration of the Sea
(ICES) Divisions
as defined in
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 (6);

and Subdivisions

are

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

(c) ‘total allowable catch (TAC)’ means the quantity that can be

taken from each stock each year;

(d) ‘VMS’ means vessel monitoring systems

according to
Commission Regulation (EC) No 2244/2003 of 18
December 2003 laying down detailed provisions regarding
satellite-based Vessel Monitoring Systems (7) for vessels of
any length;

(e) ‘Area A’ means ICES Subdivisions 22 to 24;

‘Area B’ means ICES Subdivisions 25 to 28;

‘Area C’ means ICES Subdivisions 29 to 32;

(1) OJ L 171, 6.7.1994, p. 7.
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11).

(3) 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).

(4) OJ L 113, 30.4.1997, p. 1.

(5) OJ L 349, 31.12.2005, p. 1.
(6) OJ L 365, 31.12.1991, p. 1. Regulation as last amended by
Commission Regulation (EC) No 448/2005 (OJ L 74, 19.3.2005,
p. 5).

(7) OJ L 333, 20.12.2003, p. 17.

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(f)

‘days absent from port’ means any continuous period of 24
hours or part thereof during which the vessel is absent from
port.

3. 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 than the
TAC of that year.

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:

(a) 0,6 on ages 3 to 6 years for the cod stock in Area A; and

(b) 0,3 on ages 4 to 7 years for the cod stock in Areas B and C.

CHAPTER III

TOTAL ALLOWABLE CATCHES

Article 5

Setting of TACs

1.
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

2.
accordance with Articles 6 and 7.

4.
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 Area A
or a value of 0,6 per year for the ages 4 to 7 years for the cod
stock in Areas B and C.

Article 7

Derogation

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

Article 8

Procedure for setting periods when fishing with certain
types of gear is allowed

It shall be prohibited for fishing vessels to fish with trawls,
1.
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, with bottom set lines,
longlines except drifting lines, handlines and jigging equipment:

(a) from 1 to 30 April in Area A; and

Article 6

Procedure for

setting the TACs
concerned

for

the cod stocks

(b) from 1 July to 31 August in Area B.

The Council shall adopt

the TAC for the cod stocks
1.
concerned that, according to a scientific evaluation carried out
by the Scientific, Technical and Economic Committee for
Fisheries (STECF), is the higher of:

2. When fishing with drifting lines no cod shall be retained
on board.

(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;

3.
The Council shall decide each year by a qualified majority
on the maximum number of days absent from port outside the
periods specified in paragraph 1 in the following year when
fishing with the gear referred to in paragraph 1 is allowed, in
accordance with the rules set out in paragraphs 4 and 5.

(b) the TAC that would result in the level of fishing mortality

rate defined in Article 4.

2. 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.

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.

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5. 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.

By way of derogation from paragraph 1, fishing vessels
6.
with an overall length of less than 12 metres shall be permitted
to use up to five days per month divided into periods of at least
two consecutive days from the maximum number of days
absent from port resulting from the application of paragraphs
3 to 5 during the closed periods referred to in paragraph 1.
During these days, fishing vessels may only immerse their nets
and land fish from 06.00 on Monday to 18.00 on Friday of the
same week.

Article 16 shall apply to the fishing vessels referred to in the
first subparagraph without holding a permit for fishing for cod.

At the request of the Commission or a Member State,
7.
Member States
shall make available on their website or
provide to the Commission and all Member States a description
of the system applied to ensure compliance with paragraphs 3,
4 and 5.

Article 9

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:

(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.

By way of derogation from paragraph 1,

2.
fishing with
gillnets, entangling nets and trammel nets of a mesh size
equal to or larger than 157 mm or with drifting lines shall
be permitted. No other gear shall be kept on board.

3. When fishing with any of
paragraph 2, no cod shall be retained on board.

the gear types defined in

CHAPTER V

MONITORING, INSPECTION AND SURVEILLANCE

Article 10

Special permit for fishing for cod in the Baltic Sea

1.
By way of derogation from Article 1(2) of Regulation (EC)
No 1627/94, 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.

2. Member States may 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
to
Baltic Sea in accordance with point 6.2.1 of Annex III
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 vessel, flying the flag of that Member State, not
holding a special fishing permit in 2005 if it ensures that at
is
least an equivalent capacity, measured in kilowatts (kW),
prevented from fishing in the Baltic Sea with any gear
referred to in paragraph 1.

(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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Each Member State concerned shall establish and maintain
3.
a list of vessels holding a special permit for fishing for cod in
the Baltic Sea and make it available on its official website.

leaving the Baltic Sea, shall transmit an effort report containing
the following information to the FMC of the flag Member State:

4.
The master of a fishing vessel, or his authorised represen-
tative, 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 11

Logbooks

1.
By way of derogation from Article 6(4) of Regulation
(EEC) No 2847/93, the masters of all Community vessels of
an overall
length equal to or greater than eight metres shall
keep a logbook of their operations in accordance with Article
6 of that Regulation.

Notwithstanding the first subparagraph fishing vessels of overall
length between 8 and 10 meters having cod on board caught in
Area C shall keep a logbook that complies with the provisions
as set out
in point 2 of Annex IV to Regulation (EEC)
No 2807/83.

2.
For vessels fitted with VMS, Member States shall verify
that
the fisheries monitoring
the information received at
centres
recorded in the
shall be
logbook by using VMS data. Such cross-checks
recorded in computer-readable form for a period of three years.

to activities

corresponds

(FMC)

Each Member State shall maintain and make available on
3.
its official website the contact details for the submission of
logbooks,
as
specified in Article 17.

and prior notifications

landing declarations

Article 12

Electronic recording and transmission of catch data

By way of derogation from Article 1 of Regulation (EEC) No
2807/83, Member States may permit the master of a fishing
vessel equipped with VMS to report the information required in
the logbook by electronic means. The information shall be
transmitted to the FMC of the flag Member State on a daily
basis after the fishing operation of that calendar day has been
completed. The logbook information shall be made available on
the request of the FMC of the coastal State during the time the
fishing vessel is in the waters of the coastal State and on the
request of an inspection.

Article 13

Recording of fishing effort data

(a) When leaving port or entering the Baltic Sea:

(i) The name of the vessel, external identification mark and

radio call sign;

(ii) The date and time of departure from port or entry into

the Baltic Sea (local time);

(iii) The area where the vessel will

fish as defined in

Article 3(e);

(b) When entering port or leaving the Baltic Sea:

(i) The name of the vessel, external identification mark and

radio call sign;

(ii) The date and time of entry into port or exit from the

Baltic Sea (local time).

Points (i) and (ii) of paragraph 1(a) and paragraph 1(b)

2.
shall not apply to vessels equipped with VMS.

The FMC of the flag Member State shall record the effort

3.
report it in its computerised database.

4.
On request the flag Member State shall provide the infor-
mation referred to in paragraph 1 to the coastal Member State.

Article 14

Monitoring and control of fishing effort

The competent authorities of
monitor and control the compliance with:

the flag Member State shall

(a) fishing effort limits provided for in Article 8;

(b) restrictions on fishing provided for in Article 9.

Article 15

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 quan-
tities, in kilograms, of fish subject to a 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 %.

1.
By way of derogation from Article 19b of Regulation
(EEC) No 2847/93 the master of a Community fishing vessel,
carrying on board any of the gears referred to in Article 8(1) of
this Regulation when leaving and entering port, or entering and

For catches taken in Area A and B which are landed unsorted
the permitted margin of tolerance in estimating quantities shall
be 10 % of the total quantity that are retained on board.

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Article 16

(c) the name of the landing location;

Entry into or exit from specific areas

1.
A fishing vessel having a special permit for fishing for cod
may only fish in either Areas A, B or C during one fishing trip.

2.
A fishing vessel may only commence fishing activity in
Community waters in either Areas A, B or C with no cod on
board.

If the fishing vessel goes to a port, without landing its fish,
within the area where it has been fishing the vessel may
continue its fishing activity in that area with cod on board.

3. When a fishing vessel exits from either Areas A, B or C
with cod on board it shall:

(a) go directly to port outside the Area where it has been

fishing and land the fish;

(b) when leaving the Area where the vessel has been fishing,
stow the nets 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.

4.
By way of derogation to paragraphs 1, 2 and 3 a fishing
vessel may fish in areas A and B during one fishing trip and
may commence fishing activity in either of the areas only with
less than 150 kg of cod on board in the year 2008. Member
States shall take specific measures to ensure effective control.
to the
Member States
Commission by 31 January 2008.

report on those measures

shall

Article 17

Prior notification

1.
The master of a Community fishing vessel exiting from
Area A, B or C with more than 300 kg of live weight of cod on
board shall notify the competent authorities of the Coastal State
in which it will land the fish at least one hour before leaving the
Area of:

(a) the time and position of exit;

(b) the quantities of cod and the total weight of other species in

live weight retained on board;

(d) the estimated time of arrival at the landing location.

The Coastal State shall notify the flag State of the landing.

2. When a Community fishing vessel intends to enter a port
in the area where it has been fishing with more than 300 kg of
live weight of cod on board the master of a Community fishing
vessel shall notify the competent authorities of the Coastal State
and the Coastal State shall notify the flag state at least one hour
before entering port all the information referred to in points (b),
(c) and (d) of paragraph 1.

3.
The submission of information referred to in points (a)
and (b) of paragraph 1 shall not apply to vessels subject to
Article 12.

Paragraph 1(a) shall not apply to vessels equipped with

4.
VMS.

The notification provided for in paragraphs 1 and 2 may
the

5.
also be made by a representative of
Community fishing vessel.

the master of

Article 18

Designated ports

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

2.
Each Member State may designate ports at which any
quantity of Baltic cod live weight in excess of 750 kilograms
is to be landed.

3.
By 10 October 2007 each Member State that has estab-
lished a list of designated ports, shall maintain and make
available on its official website a list of designated ports.

Article 19

Weighing of cod first landed

The master of a fishing vessel shall ensure that any quantity of
cod caught in the Baltic Sea and landed in a Community port
shall be weighed before sale or before being transported
elsewhere from the port of landing. The scales used for the
weighing shall be approved by the competent national autho-
rities. The figure resulting from the weighing shall be used for
the declaration referred to in Article 8 of Regulation (EEC)
No 2847/93.

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Article 20

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
target
benchmarks defined in Annex I are reached.

progressively

evolve

until

shall

the

Article 21

Prohibition on transiting and transhipping

1.
Transit within areas closed for cod fishing is prohibited
unless fishing gear on board is securely lashed and stowed in
accordance with Article 16(3)(b).

2.

The transhipment of cod is prohibited.

Article 22

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.

Before 31 January each year, the Member States of the
3.
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
4.
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.

Article 25

Specific monitoring programme

By way of derogation from the fifth subparagraph of 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.

CHAPTER VI

FOLLOW-UP

Article 26

Evaluation of the plan

By way of derogation from Article 13(4) of Regulation (EEC) No
2847/93, the landing declaration shall accompany the transport
documents provided for in Article 13(1) of that Regulation
pertaining to the quantities
exemption
provided for in Article 13(4)(b) of that Regulation shall not
apply.

transported. The

1.
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.

Article 23

Joint surveillance and exchange of inspectors

Member States concerned shall undertake joint inspection and
surveillance activities.

Article 24

National control action programmes

1.
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
2.
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.

2.
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 every
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
alternative measures
required to ensure that the objectives are met.

additional

and/or

on

Article 27

Revision of minimum fishing mortality rates

that

Where the Commission, on the basis of advice from STECF,
the minimum fishing mortality rates given in
finds
Article 4 are disaccording with the objectives of
the
management plan,
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.

the Council

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Article 28

European Fisheries Fund

The exclusion of ICES Subdivisions 27 and/or 28.2 shall
3.
take effect from 1 January to 31 December of the following
year.

During the first three years of its application, the multiannual
plan shall be deemed to be a recovery plan within the meaning
of Article 5 of Regulation (EC) No 2371/2002, and for the
purpose of Article 21(a)(i) of Regulation (EC) No 1198/2006.

Article 29

ICES Subdivisions 27 and 28

1.
Each year, and no later than 31 October, Member States
fishing in Area B, shall submit a report of all catches and by-
catches of cod taken during the preceding 12 months in Area B
as well as the discards of that species specified by ICES Subdi-
vision and by gear types referred to in Article 8(1) to the
Commission.

Each year,

and no later

than 15 December,

2.
the
Commission shall decide in accordance with the procedure
laid down in Article 30(2) of Regulation (EC) No 2371/2002
and on the basis of the report from Member States referred to
in paragraph 1 and the advice from the Scientific, Technical and
Economic Committee for Fisheries to exclude ICES Subdivisions
27 and/or 28.2 from the restrictions provided for in Article
(4) and (5) and Article 13 if there is evidence
8(1)(b),
that catches of cod in these ICES Subdivisions are lower than
3 % of the total catches of cod in Area B.

(3),

Article 8(1)(b), (3), (4) and (5) shall not apply to ICES
4.
Subdivision 28.1. However, if there is evidence that catches of
cod are higher than 1,5 % of the total catches of cod in Area B,
Article 8(1)(b), (3), (4) and (5) shall apply and paragraphs 1, 2
and 3 of this Article are applicable.

CHAPTER VII

FINAL PROVISIONS

Article 30

Repeal

1.

Council Regulation (EC) No 779/97 is hereby repealed.

Paragraph 1a of Article 19a of Regulation (EEC)

2.
No 2847/93 is hereby repealed.

Article 31

Entry into force

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

It shall apply from 1 January 2008.

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

Done at Brussels, 18 September 2007.

For the Council
The President

R. PEREIRA

22.9.2007

EN

Official Journal of the European Union

L 248/9

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 % of all cod landings by weight in a Member
State.

(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.

L 248/10

EN

Official Journal of the European Union

22.9.2007

ANNEX II

CONTENTS OF NATIONAL CONTROL ACTION PROGRAMMES

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

1. MEANS OF CONTROL

Human resources

1.1. The numbers of shore-based and seagoing inspectors and the periods 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 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 23.

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.