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 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.

1. (a)

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

2. (b)

   from 1 to 7 January, 5 to 10 April, 1 July to 31 August and 31 December in Subdivisions 25 to 26.

1. (a)

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

2. (b)

   67 calendar days in subdivisions 25 to 26 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, unless the days referred to in points (a) and (b) are added to the periods set out in points 1.1(a) and 1.1(b) respectively, excluding 31 December.;

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.

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.

When fishing with drift lines within the periods and on the days set out in points 1.1 and 1.2, no cod shall be retained on board.

• 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

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.

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^f1, 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.

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^f1. 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.

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.

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.

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.

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.

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.

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 %.

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.

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

1. (a)

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

2. (b)

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

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.

1. (a)

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

2. (b)

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

1. (i)

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

2. (ii)

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

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.

1. (a)

   the time and position of exit;

2. (b)

   the total quantity of cod and the total weight of other species in live weight retained on board.

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.

1. (a)

   the name of the landing location;

2. (b)

   the estimated time of arrival at the landing location;

3. (c)

   the total quantity of cod and the total weight of other species in live weight retained on board.

If a Member State has designated ports for the landings of cod, fishing vessels retaining more than 750 kg of cod live weight may exclusively land the cod at these designated ports.

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.

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.

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.

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.

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.

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.

Transhipment of cod is prohibited.

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.

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.

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

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.

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

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.

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.

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.

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.

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

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.

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.

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

1. (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.

2. (b)

   Level of inspection of marketing

   Inspection of 5 % of the quantities of cod offered for sale at auction.

3. (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.

4. (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.

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

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

The numbers of patrol vessels and aircraft and the periods and zones where these are to be deployed.

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

Description of the systems implemented to ensure compliance with points 2.4 and 2.6 of Annex III.

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

Description of the systems implemented to ensure compliance with the provisions in point 2.5 of Annex III.

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.

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

1. (a)

   when conducting inspections at sea and on land;

2. (b)

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

3. (c)

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