Council Regulation (EC) No 1226/2009Show full title

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(1), and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas(2), and in particular Article 2 thereof,

Having regard to Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks(3), and in particular Articles 5 and 8(3) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries, as well as in the light of any advice received from the Baltic Sea Regional Advisory Council.

(2) Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunity limits by fishery or group of fisheries and the allocation of these opportunities to Member States.

(3) In order to ensure effective management of fishing opportunities, the specific conditions under which fishing operations are carried out should be established.

(4) The principles and certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag.

(5) Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the allocation of fishing opportunities.

(6) In accordance with Article 2 of Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified.

(7) Fishing opportunities should be used in accordance with Community legislation, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish(4), Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels(5), Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels(6), Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the North-East Atlantic(7), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(8), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems(9), 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(10), Regulation (EC) No 1098/2007 and Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing(11).

(8) To ensure that annual fishing opportunities are set at a level commensurate with the sustainable exploitation of resources in environmental, economic and social terms, account has been taken of the guiding principles for fixing total allowable catches (TACs) as described in the Communication from the Commission on the Consultation on fishing opportunities for 2010.

(9) In order to reduce discards, it is appropriate to establish a high-grading ban for any species subject to quota, implying a prohibition on discarding species subject to quota that can legally be caught and landed under Community fisheries legislation.

(10) To help conserve fish stocks, certain supplementary measures on technical conditions of fishing should be implemented in 2010.

(11) To ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2010. Given the urgency of the matter, it is necessary to grant an exception to the 6-week period referred to in point I.3 of the Protocol on the role of national Parliaments in the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities,

HAS ADOPTED THIS REGULATION:

CHAPTER I U.K. SCOPE AND DEFINITIONS

Article 1 U.K. 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.

[F1 Article 2 U.K. Scope

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 whose flag the vessel concerned is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations.

3. Paragraph 2 shall not apply to fishing operations by vessels participating in initiatives regarding fully documented fisheries where such fisheries benefit from additional quotas.]

Textual Amendments

F1 Substituted by Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009.

Article 3 U.K. 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.

CHAPTER II U.K. FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS

Article 4 U.K. 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 U.K. 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 U.K. 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 U.K. 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 U.K. 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 U.K. Transitional technical measures

Transitional technical measures are set out in Annex III.

CHAPTER III U.K. FINAL PROVISIONS

Article 10 U.K. 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 U.K. 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.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I U.K.

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

SpeciesHerringClupea harengus		ZoneSubdivisions 30-31HER/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

SpeciesHerringClupea harengus		ZoneSubdivisions 22-24HER/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

SpeciesHerringClupea harengus		ZoneSubdivisions 25-27, 28.2, 29 and 32HER/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

SpeciesHerringClupea harengus		ZoneSubdivision 28,1HER/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

SpeciesCodGadus morhua		ZoneEC waters of Subdivisions 25-32COD/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

SpeciesCodGadus morhua		ZoneEC waters of Subdivisions 22 –24COD/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

SpeciesPlaicePleuronectes platessa		ZoneEC waters of Subdivisions 22-32PLE/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

a Expressed by number of individual fish.
SpeciesAtlantic salmonSalmo salar		ZoneEC waters of Subdivisions 22-31SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31.
Denmark	60 975a	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 784a
Estonia	6 197a
Finland	76 031a
Latvia	38 783a
Lithuania	[X1 4 559] a
Poland	18 497a
Sweden	82 420a
EC	294 246a
TAC	Not relevant

a Expressed by number of individual fish.
SpeciesAtlantic salmonSalmo salar		ZoneEC waters of Subdivision 32SAL/3D32.
Estonia	1 581a	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 838a
EC	15 419a
TAC	Not relevant

SpeciesSpratSprattus sprattus		ZoneEC waters of Subdivisions 22-32SPR/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

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 330 of 16 December 2009).

ANNEX II U.K. 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: U.K.

(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. U.K.

ANNEX III U.K. TRANSITIONAL TECHNICAL MEASURES

A. Restrictions on fishing for flounder and turbot U.K.

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: U.K.

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. U.K.

B. Specifications of top window codend BACOMA U.K.

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. U.K.

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. U.K.

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. U.K.

C. Specifications of T90 trawl U.K.

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.

(1)

OJ L 358, 31.12.2002, p. 59.

(2)

OJ L 115, 9.5.1996, p. 3.

(3)

OJ L 248, 22.9.2007, p. 1.

(4)

OJ L 276, 10.10.1983, p. 1.

(5)

OJ L 274, 25.9.1986, p. 1.

(6)

OJ L 132, 21.5.1987, p. 9.

(7)

OJ L 365, 31.12.1991, p. 1.

(8)

OJ L 261, 20.10.1993, p. 1.

(9)

OJ L 333, 20.12.2003, p. 17.

(10)

OJ L 16, 20.1.2005, p. 184.

(11)

OJ L 286, 29.10.2008, p. 1.