Council Regulation (EC) No 1404/2007 of 26 November 2007 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2008

• CELEX: Regulation (EC) No 1404/2007
• Articles: 13

Article 1 Subject matter

This Regulation fixes fishing opportunities for the year 2008 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 Scope

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 Definitions

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;

(e)

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

Article 4 Catch limits and allocations

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 Special provisions on allocations

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 2009, 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 Conditions for catches and by-catches

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

(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 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 applies shall not land catches that are unsorted and that contain herring.

4.   Where the quota for sprat 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 applies, shall not land catches that are unsorted and that contain sprat.

Article 7 Fishing effort limits

Fishing effort limits are set out in Annex II.

Article 8 Transitional technical measures

Transitional technical measures are set out in Annex III.

Article 9 Data transmission

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 Entry into force

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 2008.

Schedules & Appendices

ANNEX I

ANNEX I

Landings limits and associated conditions for year-to-year management of catch limits applicable to Community vessels in areas where catch limits exist by species and by area

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.

Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. For the purposes of these tables the codes used for the different species are as follows:

Scientific name

Alpha-3 code

Common name

Clupea harengus

HER

Herring

Gadus morhua

COD

Cod

Platichthys flesus

FLE

Flounder

Pleuronectes platessa

PLE

Plaice

Psetta maxima

TUR

Turbot

Salmo salar

SAL

Atlantic salmon

Sprattus sprattus

SPR

Sprat

Species

:

Herring

Clupea harengus

Zone

:

Subdivisions 22-24

HER/3B23.; HER/3C22.; HER/3D24.

Denmark

6 245

Germany

24 579

Finland

3

Poland

5 797

Sweden

7 926

EC

44 550

TAC

44 550

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.

Species

:

Herring

Clupea harengus

Zone

:

Subdivisions 30-31

HER/3D30.; HER/3D31.

Finland

71 344

Sweden

15 676

EC

87 020

TAC

87 020

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.

Species

:

Herring

Clupea harengus

Zone

:

Subdivisions 25-27, 28,2, 29 and 32

HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32.

Denmark

3 358

Germany

890

Estonia

17 148

Finland

33 472

Latvia

4 232

Lithuania

4 456

Poland

38 027

Sweden

51 047

EC

152 630

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.

Species

:

Herring

Clupea harengus

Zone

:

Subdivision 28,1

HER/03D.RG

Estonia

16 668

Latvia

19 426

EC

36 094

TAC

36 094

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.

Species

:

Cod

Gadus morhua

Zone

:

EC waters of Subdivisions 25-32

COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.

Denmark

8 905

Germany

3 542

Estonia

868

Finland

681

Latvia

3 311

Lithuania

2 181

Poland

10 255

Sweden

9 022

EC

38 765

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.

Species

:

Cod

Gadus morhua

Zone

:

EC waters of Subdivisions 22-24

COD/3B23.; COD/3C22.; COD/3D24.

Denmark

8 390

Germany

4 102

Estonia

186

Finland

165

Latvia

694

Lithuania

450

Poland

2 245

Sweden

2 989

EC

19 221

TAC

19 221

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.

Species

:

Plaice

Pleuronectes platessa

Zone

:

EC waters of IIIbcd

PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32.

Denmark

2 293

Germany

255

Poland

480

Sweden

173

EC

3 201

TAC

3 201

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.

Species

:

Atlantic salmon

Salmo salar

Zone

:

EC waters of IIIbcd excluding Subdivision 32

SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31.

Denmark

75 511  ( 1 )

Germany

8 401  ( 1 )

Estonia

7 674  ( 1 )

Finland

94 157  ( 1 )

Latvia

48 028  ( 1 )

Lithuania

5 646  ( 1 )

Poland

22 907  ( 1 )

Sweden

102 068  ( 1 )

EC

364 392  ( 1 )

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.

Species

:

Atlantic salmon

Salmo salar

Zone

:

Subdivision 32

SAL/3D32.

Estonia

1 581  ( 2 )

Finland

13 838  ( 2 )

EC

15 419  ( 2 )

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.

Species

:

Sprat

Sprattus sprattus

Zone

:

EC waters of IIIbcd

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.

( 1 )   Expressed by number of individual fish.

( 2 )   Expressed by number of individual fish.

ANNEX II

ANNEX II

1.   Fishing effort limits

1.1.

For vessels flying their flag, Member States shall ensure that fishing with trawls, 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 shall be permitted for a maximum number of

(a)

223 days absent from port in subdivisions 22-24 with the exception of the period from 1 to 30 April when Article 8 paragraph 1(a) of Regulation (EC) No 1098/2007 applies, and

(b)

178 days absent from port in subdivisions 25-27, 28.2 with the exception of the period from 1 July to 31 August when Article 8 paragraph 1(b) of Regulation (EC) No 1098/2007 applies.

1.2.

The maximum number of days absent from port per year for which a vessel may be present within the two areas defined in point 1.1 (a) and (b) fishing with the gears referred to in point 1.1 may not exceed the maximum number of days allocated for one of the two areas.

1.3.

Up to 4 additional days absent from port may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities with any of the gears defined in Article 8 paragraph 1 of Regulation (EC) No 1098/2007 that have taken place since 1 January 2005 in the areas concerned in accordance with Article 7 of Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector  ( 1 ) .

1.4.

Member States wishing to benefit from the allocations described in point 1.3 shall submit a request to the Commission with reports containing the details of permanent cessations of the fishing activities in question by 30 January 2008. On the basis of such a request the Commission may amend the number of days absent from port defined in point 1.1 for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

( 1 )

OJ L 337, 30.12.1999, p. 10 . Regulation repealed by Regulation (EC) No 1198/2006 ( OJ L 223, 15.8.2006, p. 1 ).

ANNEX III

ANNEX III

TRANSITIONAL TECHNICAL MEASURES

1.   Restrictions on fishing for flounder and turbot

1.1.

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:

Species

Geographical area

Period

Flounder ( Platichthys flesus )

Subdivisions 26 to 28, 29 south of 59°30′N

Subdivision 32

15 February to 15 May

15 February to 31 May

Turbot ( Psetta maxima )

Subdivisions 25 to 26, 28 south of 56°50′N

1 June to 31 July

2.   By way of derogation from point 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.