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Council Regulation (EU) No 23/2010Show full title
Council Regulation (EU) No 23/2010 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
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Article 10Conditions for landing catches and by-catches
1.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.
2.By way of derogation from paragraph 1, the following fish may be retained on board and landed even if a Member State has no quotas or the quotas or shares are exhausted:
(a)species, other than herring and mackerel, where
(i)
they are caught mixed with other species with nets whose mesh size is less than 32 mm in accordance with Article 4 of Regulation (EC) No 850/98; and
(ii)
the catches are not sorted either on board or on landing;
or
(b)mackerel, where
(i)
they are caught mixed with horse mackerel or pilchard;
(ii)
they do not exceed 10 % of the total weight of mackerel, horse mackerel and pilchard on board; and
(iii)
the catches are not sorted either on board or on landing.
3.All landings shall count against the quota or, if the Union quota has not been allocated between Member States by quotas, against the Union quota, except for catches made in accordance with paragraph 2.
4.The percentage of by-catches and their disposal shall be determined in accordance with Articles 4 and 11 of Regulation (EC) No 850/98.
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