
CHAPTER I
Article 1 
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.
Article 2 

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.
2. 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 
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)) the International Council for the Exploration of the Sea (ICES) zones are as defined in Regulation (EEC) No 3880/91;
((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)) ‘quota’ means a proportion of the TAC allocated to the Community, a Member State or a third country.
CHAPTER II
Article 4 
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 

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;
(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 

1. Fish from stocks for which catch limits are fixed shall only be retained on board or landed if:
(a) the catches have been taken by vessels of a Member State with a quota and that quota has not been exhausted; or alternatively
(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.
2. 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(b).
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 are set out in Annex II.
Article 8 
Transitional technical and control measures are set out in Annex III.
CHAPTER III
Article 9 
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 
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, 11 December 2006.
For the Council
The President
S. HUOVINEN
ANNEX I

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.

SpeciesHerringClupea harengus ZoneSubdivisions 30-31HER/3D30.; HER/3D31.
Finland 75 099 
Sweden 16 501 
EC 91 600 
TAC 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.
SpeciesHerringClupea harengus ZoneSubdivisions 22-24HER/3B23.; HER/3C22.; HER/3D24.
Denmark 6 939 
Germany 27 311 
Finland 3 
Poland 6 441 
Sweden 8 806 
EC 49 500 
TAC 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.
SpeciesHerringClupea harengus ZoneSubdivisions 25-27, 28.2, 29 and 32HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32.
Denmark 2 920 
Germany 774 
Estonia 14 910 
Finland 29 105 
Latvia 3 680 
Lithuania 3 874 
Poland 33 066 
Sweden 44 389 
EC 132 718 
TAC 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.
SpeciesHerringClupea harengus ZoneSubdivision 28.1HER/03D.RG.
Estonia 17 317 
Latvia 20 183 
EC 37 500 
TAC 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.
SpeciesCodGadus morhua ZoneSubdivisions 25-32 (EC-waters)COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
Denmark 9 374 
Germany 3 729 
Estonia 913 
Finland 717 
Latvia 3 485 
Lithuania 2 296 
Poland 10 794 
Sweden 9 497 
EC 40 805 
TAC 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.

SpeciesCodGadus morhua ZoneSubdivisions 22-24 (EC waters)COD/3B23.; COD/3C22.; COD/3D24.
Denmark 11 653 
Germany 5 697 
Estonia 258 
Finland 229 
Latvia 964 
Lithuania 625 
Poland 3 118 
Sweden 4 152 
EC 26 696 
TAC 26 696 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.

SpeciesPlaicePleuronectes platessa ZoneIIIbcd (EC waters)PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32.
Denmark 2 698 
Germany 300 
Sweden 203 
Poland 565 
EC 3 766 
TAC Not relevant 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.
SpeciesAtlantic salmonSalmo salar ZoneIIIbcd (EC waters) excluding Subdivision 32SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31.
Denmark 88 836 
Germany 9 884 
Estonia 9 028 
Finland 110 773 
Latvia 56 504 
Lithuania 6 642 
Poland 26 950 
Sweden 120 080 
EC 428 697 
TAC 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.

SpeciesAtlantic salmonSalmo salar ZoneSubdivision 32SAL/3D32.
Estonia 1 581 
Finland 13 838 
EC 15 419 
TAC 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.

SpeciesSpratSprattus sprattus ZoneIIIbcd (EC waters)SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.; SPR/3D32.
Denmark 44 833 
Germany 28 403 
Estonia 52 060 
Finland 23 469 
Latvia 62 877 
Lithuania 22 745 
Poland 133 435 
Sweden 86 670 
EC 454 492 
TAC Not relevant 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.
Appendix 1 to Annex I
SpeciesCodGadus morhua ZoneSubdivisions 25-32 (EC-waters)COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
Denmark 8 849 
Germany 3 520
Estonia 862
Finland 677
Latvia 3 290
Lithuania 2 168
Poland 10 191
Sweden 8 965
EC 38 522
TAC Not relevant
SpeciesCodGadus morhua ZoneSubdivisions 22-24 (EC waters)COD/3B23.; COD/3C22.; COD/3D24.
Denmark 10 537 
Germany 5 152
Estonia 234
Finland 207
Latvia 872
Lithuania 565
Poland 2 819
Sweden 3 754
EC 24 140
TAC 24 140
ANNEX II
1.  1.1. 

((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. 

((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.

ANNEX III
1.  1.1. 

 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.  2.1.  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, 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.
 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. 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.  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.  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. 
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.
 2.5.  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. 

((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. 

((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.  2.6.1. 

((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. 

((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.
 2.7.  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.  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. 
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.  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. 
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.  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.
 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.  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.  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.  3.1. 

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.

Appendix 1 to Annex III 1. Each Member State shall set specific inspection benchmarks in accordance with this Annex.
 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.
 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.
 4. 
The Commission can have access on request to the sampling plan used by the Member State.
 5. 

((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.

Appendix 2 to Annex III
National control action programmes shall, inter alia, specify the following.

1.  1.1. The numbers of shore-based and seagoing inspectors and the periods and zones where they are to be deployed.
 1.2. The numbers of patrol vessels and aircraft and the periods and zones where these are to be deployed.
 1.3. The budgetary allocation for deployment of human resources, patrol vessels and aircraft.

2. 
Description of the systems implemented to ensure compliance with points 2.4 and 2.6 of Annex III.

3. 
Where relevant, a list of ports designated for cod landings in accordance with point 2.7 of Annex III.

4. 
Description of the systems implemented to ensure compliance with the provisions in point 2.5 of Annex III.

5. 
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. 
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.
