Council Regulation (EC) No 1322/2008 of 28 November 2008 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2009

Subject matter

Article 1

This Regulation fixes fishing opportunities for 2009 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) 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 subdivisions 22-32; (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 2010, 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, and are not sorted either on board or on landing and the catches have been taken with trawls, Danish seines or similar gears of a mesh size less than 32 mm. 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 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

1.   Fishing effort limits are set out in Annex II. 2.   The limits referred to in paragraph 1 shall apply to ICES subdivisions 27 and 28.2, in so far as the Commission has not taken a decision in accordance with Article 29(2) of Regulation (EC) No 1098/2007 to exclude those subdivisions from the restrictions provided for in Article 8(1)(b), (3), (4) and (5) and Article 13 of that Regulation. 3.   The limits referred to in paragraph 1 shall not apply to ICES subdivision 28.1, in so far as the Commission has not taken a decision in accordance with Article 29(4) of Regulation (EC) No 1098/2007 that the restrictions provided for in Article 8(1)(b), (3), (4) and (5) of Regulation (EC) No 1098/2007 shall apply to that subdivision.

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 2009.

ANNEX ISupplementary provisions

ANNEX I Catch 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 FLX Flounder Pleuronectes platessa PLE Plaice Psetta maxima TUR Turbot Salmo salar SAL Atlantic salmon Sprattus sprattus SPR Sprat Species : Herring Clupea harengus Zone : Subdivisions 30-31 HER/3D30.; HER/3D31. Finland 67 777   Sweden 14 892   EC 82 669   TAC 82 669 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 22-24 HER/3B23.; HER/3C22.; HER/3D24. Denmark 3 809   Germany 14 994   Poland 3 536   Finland 2   Sweden 4 835   EC 27 176   TAC 27 176 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 : EC waters of subdivisions 25-27, 28.2, 29 and 32 HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32. Denmark 3 159   Germany 838   Estonia 16 134   Latvia 3 982   Lithuania 4 192   Poland 35 779   Finland 31 493   Sweden 48 032   EC 143 609   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 16 113   Latvia 18 779   EC 34 892   TAC 34 892 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 10 241   Germany 4 074   Estonia 998   Latvia 3 808   Lithuania 2 509   Poland 11 791   Finland 784   Sweden 10 375   EC 44 580   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 7 130   Germany 3 487   Estonia 158   Latvia 590   Lithuania 383   Poland 1 908   Finland 140   Sweden 2 541   EC 16 337   TAC 16 337 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 : Plaice Pleuronectes platessa Zone : EC waters of subdivisions 22-32 PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32. Denmark 2 179   Germany 242   Poland 456   Sweden 164   EC 3 041   TAC 3 041 Precautionary TAC. Article 3 of Regulation (EC) No 847/96 applies. 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 : EC waters of subdivisions 22-31 SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31. Denmark 64 184  ( 1 )   Germany 7 141  ( 1 )   Estonia 6 523  ( 1 )   Latvia 40 824  ( 1 )   Lithuania 4 799  ( 1 )   Poland 19 471  ( 1 )   Finland 80 033  ( 1 )   Sweden 86 758  ( 1 )   EC 309 733  ( 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 subdivisions 22-32 SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.; SPR/3D32. Denmark 39 453   Germany 24 994   Estonia 45 813   Latvia 55 332   Lithuania 20 015   Poland 117 424   Finland 20 652   Sweden 76 270   EC 399 953   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 Fishing effort limits 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) 201 days absent from port in subdivisions 22-24 with the exception of the period from 1 to 30 April when Article 8(1)(a) of Regulation (EC) No 1098/2007 applies; and (b) 160 days absent from port in subdivisions 25-28 with the exception of the period from 1 July to 31 August when Article 8(1)(b) of Regulation (EC) No 1098/2007 applies. 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(a) and (b) fishing with the gears referred to in point 1 may not exceed the maximum number of days allocated for one of the two areas.

ANNEX IIISupplementary provisions

ANNEX III Transitional technical measures Restrictions on fishing for flounder and turbot 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 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 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 than 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 point 1.