Council Regulation (EC) No 1226/2009 of 20 November 2009 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2010

• CELEX: Regulation (EC) No 1226/2009
• Articles: 14

Article 1 Subject matter

This Regulation fixes fishing opportunities for 2010 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

This Regulation shall apply to Community fishing vessels (Community vessels) operating in the Baltic Sea.

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 the geographical areas specified in Annex I to Regulation (EC) No 2187/2005;

(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.

Article 4 Catch limits and allocations

The catch limits, the allocation of such limits among Member States, and associated conditions set out 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 23(4) of Regulation (EC) No 2371/2002 and Article 2 of Regulation (EC) No 338/2008.

2.   For the purpose of withholding quotas to be transferred to 2011, 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, 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.

Article 7 Prohibition of highgrading

Any species subject to quota which is caught during fishing operations shall be brought aboard the vessel and subsequently landed unless this would be contrary to obligations laid down in Community fisheries legislation establishing technical, control, and conservation measures, and in particular in this Regulation and in Regulation (EC) No 2187/2005, Regulation (EEC) No 2847/93, and Regulation (EC) No 2371/2002.

Article 8 Fishing effort limits

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.

Article 9 Transitional technical measures

Transitional technical measures are set out in Annex III.

Article 10 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 11 Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union .

It shall apply from 1 January 2010.

Schedules & Appendices

ANNEX I

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

84 721

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.

Sweden

18 615

EC

103 336

TAC

103 336

Species

:

Herring

Clupea harengus

Zone

:

Subdivisions 22-24

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

Denmark

3 181

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.

Germany

12 519

Finland

2

Poland

2 953

Schweden

4 037

EC

22 692

TAC

22 692

Species

:

Herring

Clupea harengus

Zone

:

Subdivisions 25-27, 28.2, 29 and 32

HER/3B23.; HER/3C22.; HER/3D24.HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32.

Denmark

2 780

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.

Germany

737

Estonia

14 198

Finland

27 714

Latvia

3 504

Lithuania

3 689

Poland

31 486

Sweden

42 268

EC

126 376

TAC

Not relevant

Species

:

Herring

Clupea harengus

Zone

:

Subdivision 28,1

HER/03D.RG

Estonia

16 809

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.

Latvia

19 591

EC

36 400

TAC

36 400

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

11 777

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.

Germany

4 685

Estonia

1 148

Finland

901

Latvia

4 379

Lithuania

2 885

Poland

13 561

Sweden

11 932

EC

51 267

TAC

Not relevant

Species

:

Cod

Gadus morhua

Zone

:

EC waters of Subdivisions 22 –24

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

Denmark

7 726

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.

Germany

3 777

Estonia

171

Finland

152

Latvia

639

Lithuania

415

Poland

2 067

Sweden

2 753

EC

17 700

TAC

17 700

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

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.

Germany

242

Poland

456

Sweden

164

EC

3 041

TAC

3 041

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

60 975  ( 1 )

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.

Germany

6 784  ( 1 )

Estonia

6 197  ( 1 )

Finland

76 031  ( 1 )

Latvia

38 783  ( 1 )

Lithuania

5 594  ( 1 )

Poland

18 497  ( 1 )

Sweden

82 420  ( 1 )

EC

294 246  ( 1 )

TAC

Not relevant

Species

:

Atlantic salmon

Salmo salar

Zone

:

EC waters of Subdivision 32

SAL/3D32.

Estonia

1 581  ( 2 )

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.

Finland

13 838  ( 2 )

EC

15 419  ( 2 )

TAC

Not relevant

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

37 480

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.

Germany

23 745

Estonia

43 522

Finland

19 620

Latvia

52 565

Lithuania

19 015

Poland

111 552

Sweden

72 456

EC

379 955

TAC

Not relevant

( 1 )   Expressed by number of individual fish.

( 2 )   Expressed by number of individual fish.

ANNEX II

ANNEX II

Fishing effort limits

1.

For vessels flying their flag, Member States shall ensure that fishing with trawls, Danish seines or similar gears 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)

181 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 III

ANNEX III

TRANSITIONAL TECHNICAL MEASURES

A.    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, 27, 28 and 29 south of 59°30′N

Subdivision 32

15 February to 15 May

15 February to 31 May

Turbot (Psetta maxima)

Subdivisions 25, 26 and 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 or 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 point 1.

B.    Specifications of top window codend BACOMA

1.

By way of derogation from point 1(e)(i) of Appendix 1 to Annex II to Regulation (EC) No 2187/2005, the meshes shall have a minimum mesh opening of 120 mm from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.

2.

By way of derogation from point 1(d)(ii) of Appendix 1 to Annex II to Regulation (EC) No 2187/2005, the length of the window shall be at least 5,5 m from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.

3.

By way of derogation from point 2 the length of the window shall be at least 6 m, if a sensor dedicated to the measurement of the volume of the catches is attached to the window from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.

C.    Specifications of T90 trawl

By way of derogation from point (b) of Appendix 2 to Annex II to Regulation (EC) No 2187/2005, the mesh size for meshes shall be at least 120 mm from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.