Council Regulation (EC) No 27/2005Show full title

6.4. Monitoring, inspection and surveillance to be adopted by Member States

6.4.1. Each Member State concerned shall transmit to the Commission within 30 days of the date of entry into force of this Regulation a list of designated ports and the national control programme referred to in point 6.3.1. and an implementation schedule. The Commission shall transmit this information to all the relevant Member States.

6.4.2. Notwithstanding Article 6(4) of Regulation (EEC) No 2847/93, the masters of Community fishing vessels holding a special fishing permit for fishing for cod in the Baltic Sea in accordance with point 6.2.1 shall keep a logbook of their operations in accordance with the provisions laid down in Article 6 of Regulation (EEC) No 2847/93.

6.4.3. By way of derogation from Article 5 of Regulation (EEC) No 2807/83, the permitted margin of tolerance in estimates of the quantities, in kilograms, of fish subject to a TAC that are retained on board shall be 8 %.

6.4.4. For cod landed in a designated port, representative samples, amounting to at least 20 % of the landings, shall be weighed in the presence of controllers authorised by the Member States before they are offered for first sale and sold. To this end, the Member States shall submit to the Commission, within one month of the date of entry into force of this Regulation, details of the sampling regime to be employed.

6.4.5. Notwithstanding Article 19a 1a) of Regulation (EEC) No 2847/93, Articles 19e, 19f, 19g, 19h and 19i of that Regulation shall apply to Community fishing vessels holding a special fishing permit for fishing for cod in the Baltic Sea in accordance with point 6.2.1.

6.4.6. In accordance with the provisions of Article 13 of Regulation (EC) No 2244/2003 Member States shall ensure that the VMS data received pursuant to Article 8, Article 10(1) and Article 11(1) of that Regulation of vessels holding a special permit for fishing for cod in the Baltic Sea are used:

(a)

to record each entry into, and exit from port in a computer readable form;

(b)

to record each entry into, and exit from areas closed for cod fishing in the Baltic Sea.

6.4.7. Member States may implement alternative control measures to ensure compliance with reporting obligations referred in point 6.4.5 which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.

6.4.8. By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50 kg of cod which are transported to a place other than that of landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of Regulation (EEC) No 2847/93 pertaining to the quantities of these species transported. The exemption provided for in Article 13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.

6.4.9. By way of derogation from Article 34(c)(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for cod in the Baltic Sea may last more than two years from their date of entry into force.