(a) the International Council for the Exploration of the Sea (ICES) zones shall be 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.

(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.

(a) the catches have been taken by vessels of a Member State having a quota and that quota has not been exhausted;

(b) the catches form part of a Community quota and that quota has not been exhausted, or

(c) 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.

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

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

3. At the request of the Commission, Member States shall provide a description of the system applied to ensure compliance with point 2.

4. By way of derogation from points 1 and 2, Community vessels with an overall length of less than 12 metres shall be permitted to retain on board and land up to 10 % cod by live weight when fishing with gillnets, entangling nets and/or trammel nets with a mesh size equal to or greater than 110 mm.

1.  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:

Area 2:

Area 3:

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 ( 10 ), all Community vessels of an overall length equal to or greater than 8 m carrying on board or using any gear authorised for cod fishing in the Baltic Sea and Sound in accordance with Regulation (EC) No 2187/2005 shall hold a special permit for fishing for cod in the Baltic Sea.

2.1.2. A Member State may issue the special permit for fishing for cod referred to in point 2.1.1 only to Community vessels holding in 2005 a special permit for fishing for cod in the Baltic Sea in accordance with point 6.2.1 of Annex III to Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required ( 11 ). 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 equivalent capacity, measured in kilowatts (kW), is prevented from fishing in the Baltic Sea with any gear referred to in point 2.1.1.

2.1.3. Each Member State shall establish and maintain a list of vessels holding a special permit for fishing for cod in the Baltic Sea and make it available on its official website to the Commission and other Member States bordering the Baltic Sea.

2.1.4. The master of a Community vessel, or his/her authorised representative, to which a Member State has issued a special permit for fishing for cod in the Baltic Sea shall keep a copy of this permit on board the fishing vessel.

2.2.  Logbooks

By way of derogation from Article 6(4) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy ( 12 ), the masters of Community vessels of an overall length equal to or greater than 8 m shall keep a logbook of their operations in accordance with Article 6 of that Regulation.

2.3.  Margin of tolerance

By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish ( 13 ), the permitted margin of tolerance in estimating quantities, in kilograms, of fish that are retained on board Community vessels shall be 8 % of the logbook figure.

However, for catches which are landed unsorted the permitted margin of tolerance in estimating quantities shall be 8 % of the total quantity landed.

2.4.  Prior notification

2.4.1. Fishing vessels fishing in Community waters of Subdivision 22-24 (Area A) or in Subdivision 25-32 (Area B) must comply with the following conditions:

(a) commence fishing in either Area A or B with less than 100 kg of cod on board;

(b) if the vessel has more than 300 kg of cod on board when leaving either Area A or B and by way of derogation from Article 7(1) of Regulation (EEC) No 2847/93, the master of the vessel shall notify the competent authorities of the flag State one hour before leaving the Area of:

(c) when the fishing is finished and the vessel has more than 100 kg of cod on board it shall:

(d) Vessels referred to in (b) shall not commence discharging until authorised by the competent authorities.

2.4.2. Point 2.4.1 shall not apply to vessels equipped with vessel monitoring systems 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 Fisheries Monitoring Centre of the flag Member State, provided for by Article 3(7) of Regulation (EEC) No 2847/93, for inclusion in its computerised database.

2.5.  Designated ports

2.5.1. When a vessel retains more than 750 kg live weight of cod, that cod may be landed exclusively at designated ports.

2.5.2. Each Member State may designate ports at which any Baltic cod in excess of 750 kg is landed.

2.5.3. Within 15 days of the date of entry into force of this Regulation, each Member State that has established a list of designated ports shall maintain and make available on its official website to the Commission and other Member States bordering the Baltic Sea a list of designated ports. The list shall include the relevant contact details for the submission of logbooks and landing declarations when landing in that Member State.

2.6.  Weighing of cod first landed

2.6.1. The competent authorities of a Member State may require that any quantity of cod caught in the Baltic Sea and first landed in that Member State be weighed in the presence of controllers before it is transported elsewhere from the port of first landing.

2.6.2. Each Member State shall set specific inspection benchmarks. Such benchmarks shall be revised periodically after analysis of the results achieved. Inspection benchmarks shall evolve progressively until the target benchmarks defined in Appendix 1 are reached.

2.7.  VMS messages

2.7.1. Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Regulation (EC) No 2244/2003 are recorded in a computer–readable form:

(a) each entry into, and exit from, port;

(b) each entry into, and exit from, maritime areas where specific rules on access to waters and resources apply.

2.7.2. Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.

2.8.  Prohibition on transit and transhipment

2.8.1. Transit within the areas closed for cod fishing is prohibited unless the fishing gear on board is securely lashed and stowed in accordance with the conditions set out in Article 20(1) of Regulation (EEC) No 2847/93.

2.8.2. Trans–shipment of cod is prohibited.

2.9.  Transport of Baltic cod

By way of derogation from Article 13(1) of Regulation (EEC) No 2847/93, Baltic cod of more than 50 kg landed for transport by Community vessels having an overall length equal to or more than 8 m shall be accompanied by a landing declaration as provided for in Article 8(1) of that Regulation.

2.10.  Joint surveillance and exchange of inspectors

2.10.1. Member States shall undertake joint inspection and surveillance activities and shall establish joint operational procedures to that effect.

2.10.2. Member States engaged in joint inspection and surveillance activities shall ensure that inspectors from each of the participating Member States are invited to partake at least in these activities.

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

2.10.4. A meeting of the competent national inspection authorities shall be convened by the Commission before 31 January 2006 to coordinate the joint inspection and surveillance programme for 2006.

2.11.  National control action programmes

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

2.11.2. Before 31 January 2006, Member States concerned shall make available to the Commission and other Member States bordering the Baltic Sea on its official website the national control action programme referred to in point 2.11.1, together with an implementation schedule.

2.11.3. The Commission shall convene a meeting of the Committee for Fisheries and Aquaculture to evaluate the compliance with and results of the national control action programmes for cod stocks in the Baltic Sea.

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:

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.

1. Each Member State shall set specific inspection benchmarks in accordance with the aims set out in this Appendix.

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 inspection, 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. Not later than one month from the date of entry into force of this Regulation, Member States shall implement their inspection schedules with the aim of attaining the targets set out below:

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

Technical resources

1.2. The numbers of patrol vessels and aircraft and the periods when, and zones where, they are to be deployed.

Financial resources

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

(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.