Council Regulation (EU) No 1256/2011 of 30 November 2011 fixing for 2012 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) No 1124/2010

• CELEX: Regulation (EU) No 1256/2011
• Articles: 13

Article 1 Subject matter

This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2012 and amends Regulation (EU) No 1124/2010 as regards the management of the fishing effort in respect of cod stocks in the Baltic Sea.

Article 2 Scope

This Regulation shall apply to EU vessels operating in the Baltic Sea.

Article 3 Definitions

For the purposes of this Regulation the following definitions shall apply:

(a)

International Council for the Exploration of the Sea (ICES) zones are the geographical areas specified in Annex I to Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound  ( 6 ) ;

(b)

‘Baltic Sea’ means ICES Subdivisions 22-32;

(c)

‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(d)

‘total allowable catch’ (TAC) means the quantity that can be taken from each stock each year;

(e)

‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;

(f)

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

Article 4 TACs and allocations

The TACs, the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.

Article 5 Special provisions on allocations

1.   The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:

(a)

exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

(b)

reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;

(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 Articles 37, 105, 106 and 107 of Regulation (EC) No 1224/2009.

2.   Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC.

Article 6 Conditions for landing catches and by-catches

Fish from stocks for which catch limits are established shall be retained on board or landed only if:

(a)

the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

(b)

the catches consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.

Article 7 Fishing effort limits

1.   Fishing effort limits are set out in Annex II.

2.   The limits referred to in paragraph 1 shall also apply to ICES Subdivisions 27 and 28.2, unless the Commission has 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, unless the Commission has 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 8 Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.

Article 9 Amendment to Regulation (EU) No 1124/2010

Annex II to Regulation (EU) No 1124/2010 is replaced by the text appearing in Annex III to this Regulation.

Article 10 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 2012.

However, Article 9 shall apply from 1 January 2011.

Schedules & Appendices

ANNEX I

ANNEX I

TACS APPLICABLE TO EU VESSELS IN AREAS WHERE TACS 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, and conditions functionally linked thereto, where appropriate.

The references to fishing zones are references to ICES zones, unless otherwise specified.

Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species.

For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:

Scientific name

Alpha-3 code

Common name

Clupea harengus

HER

Herring

Gadus morhua

COD

Cod

Pleuronectes platessa

PLE

Plaice

Salmo salar

SAL

Atlantic salmon

Sprattus sprattus

SPR

Sprat

Species

:

Herring

Clupea harengus

Zone

:

Subdivisions 30-31

HER/3D30.; HER/3D31.

Finland

86 905

Analytical TAC

Sweden

19 095

Union

106 000

TAC

106 000

Species

:

Herring

Clupea harengus

Zone

:

Subdivisions 22-24

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

Denmark

2 930

Analytical TAC

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Germany

11 532

Finland

1

Poland

2 719

Sweden

3 718

Union

20 900

TAC

20 900

Species

:

Herring

Clupea harengus

Zone

:

EU waters of Subdivisions 25-27, 28.2, 29 and 32

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

Denmark

1 725

Analytical TAC

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Germany

457

Estonia

8 810

Finland

17 197

Latvia

2 174

Lithuania

2 289

Poland

19 537

Sweden

26 228

Union

78 417

TAC

Not relevant

Species

:

Herring

Clupea harengus

Zone

:

Subdivision 28.1

HER/03D.RG

Estonia

14 120

Analytical TAC

Latvia

16 456

Union

30 576

TAC

30 576

Species

:

Cod

Gadus morhua

Zone

:

EU waters of Subdivisions 25-32

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

Denmark

15 587

Analytical TAC

Germany

6 200

Estonia

1 519

Finland

1 193

Latvia

5 795

Lithuania

3 818

Poland

17 947

Sweden

15 791

Union

67 850

TAC

Not relevant

Species

:

Cod

Gadus morhua

Zone

:

Subdivisions 22-24

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

Denmark

9 298

Analytical TAC

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Germany

4 546

Estonia

206

Finland

183

Latvia

769

Lithuania

499

Poland

2 487

Sweden

3 312

Union

21 300

TAC

21 300

Species

:

Plaice

Pleuronectes platessa

Zone

:

EU 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

2 070

Precautionary TAC

Article 4 of Regulation (EC) No 847/96 does not apply.

Germany

230

Poland

433

Sweden

156

Union

2 889

TAC

2 889

Species

:

Atlantic salmon

Salmo salar

Zone

:

EU 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

25 396  ( 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.

Germany

2 826  ( 1 )

Estonia

2 581  ( 1 )

Finland

31 667  ( 1 )

Latvia

16 153  ( 1 )

Lithuania

1 899  ( 1 )

Poland

7 704  ( 1 )

Sweden

34 327  ( 1 )

Union

122 553  ( 1 )

TAC

Not relevant

Species

:

Atlantic salmon

Salmo salar

Zone

:

EU 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.

Finland

13 838  ( 2 )

Union

15 419  ( 2 )

TAC

Not relevant

Species

:

Sprat and associated catches

Sprattus sprattus

Zone

:

EU 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

22 218

Analytical TAC

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Germany

14 076

Estonia

25 800

Finland

11 631

Latvia

31 160

Lithuania

11 272

Poland

66 128

Sweden

42 952

Union

225 237  ( 3 )

TAC

Not relevant

( 1 )   Expressed by number of individual fish.

( 2 )   Expressed by number of individual fish.

( 3 )   At least 92 % of landings counted against the TAC must be of sprat. By-catches of herring are to be counted against the remaining 8 % of the TAC.

ANNEX II

ANNEX II

FISHING EFFORT LIMITS

1.

Member States shall allocate the right to vessels flying their flag and 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, to be up to:

(a)

163 days absent from port in ICES 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 ICES 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 referred to in point 1(a) and (b) fishing with the gears specified in point 1 may not exceed the maximum number of days absent from port allocated for one of these two areas.

3.

By way of derogation from points 1 and 2, and where efficient management of fishing opportunities so requires, a Member State may allocate to vessels flying its flag the right to additional days absent from port where an equal amount of days absent from port is withdrawn from other vessels flying its flag that are subject to effort restriction in the same area and where the capacity, in terms of kW, of each of the donor vessels is equal to, or larger than, that of the receiving vessels. The number of receiving vessels may not exceed 10 % of the total number of vessels of the Member State concerned, as indicated in point 1.

ANNEX III

ANNEX III

‘ANNEX II

FISHING EFFORT LIMITS

1.

Member States shall allocate the right to vessels flying their flag and 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, to be up to:

(a)

163 days absent from port in ICES 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 ICES 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 referred to in point 1(a) and (b) fishing with the gears specified in point 1 may not exceed the maximum number of days absent from port allocated for one of these two areas.

3.

By way of derogation from points 1 and 2, and where efficient management of fishing opportunities so requires, a Member State may allocate to vessels flying its flag the right to additional days absent from port where an equal amount of days absent from port is withdrawn from other vessels flying its flag that are subject to effort restriction in the same area and where the capacity, in terms of kW, of each of the donor vessels is equal to, or larger than, that of the receiving vessels. The number of receiving vessels may not exceed 10 % of the total number of vessels of the Member State concerned, as indicated in point 1.’.