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

Subject matter

Article 1

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.

Scope

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.

Definitions

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

Catch limits and allocations

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.

Special provisions on allocations

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 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.

Conditions for catches and by-catches

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 (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.

Fishing effort limits

Article 7

Fishing effort limits are set out in Annex II.

Transitional technical measures

Article 8

Transitional technical measures are set out in Annex III.

Data transmission

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.

Entry into force

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 2008.

ANNEX ISupplementary provisions

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 IISupplementary provisions

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 IIISupplementary provisions

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.