# L_2008280EN.01000301.xml

| 23.10.2008 | EN | Official Journal of the European Union | L 280/3 |
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23.10.2008

EN

Official Journal of the European Union

L 280/3

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COMMISSION REGULATION (EC) No 1038/2008

of 22 October 2008

amending Council Regulation (EC) No 40/2008 as regards the catch limits for the stock of sprat in EC waters of ICES zones IIa and IV

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (1), and in particular Article 5(5) thereof,

Whereas:

| (1) | Preliminary catch limits for sprat in EC waters of ICES zones IIa and IV are laid down in Annex IA to Regulation (EC) No 40/2008. |
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(1)

Preliminary catch limits for sprat in EC waters of ICES zones IIa and IV are laid down in Annex IA to Regulation (EC) No 40/2008.

| (2) | Pursuant to Article 5(5) of that Regulation, the Commission may revise the catch limits in the light of scientific information collected during the first half of 2008. |
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(2)

Pursuant to Article 5(5) of that Regulation, the Commission may revise the catch limits in the light of scientific information collected during the first half of 2008.

| (3) | Taking into account information collected during the first half of 2008 the catch limits for sprat in the zones concerned should be adjusted. |
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(3)

Taking into account information collected during the first half of 2008 the catch limits for sprat in the zones concerned should be adjusted.

| (4) | The sprat is a short-lived species. Consequently the catch limitations should be implemented as soon as possible, in order to avoid delays which could lead to overfishing of the stock. |
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(4)

The sprat is a short-lived species. Consequently the catch limitations should be implemented as soon as possible, in order to avoid delays which could lead to overfishing of the stock.

| (5) | Annex IA to Regulation (EC) No 40/2008 should therefore be amended accordingly. |
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(5)

Annex IA to Regulation (EC) No 40/2008 should therefore be amended accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
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(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IA to Regulation (EC) No 40/2008 is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 22 October 2008.

For the Commission

Joe BORG

Member of the Commission

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(1)  
  OJ L 19, 23.1.2008, p. 1.

1

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ANNEX

In Annex IA to Regulation (EC) No 40/2008, the entry concerning the stock of sprat in EC waters of ICES zones IIa and IV is replaced by the following:

| ‘Species | : | Sprat

  Sprattus sprattus |
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‘Species

:

Sprat

Sprattus sprattus

| Zone | : | EC waters of IIa and IV
  SPR/2AC4-C |
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Zone

:

EC waters of IIa and IV

SPR/2AC4-C

Belgium

1 729

Denmark

136 826

Germany

1 729

France

1 729

The Netherlands

1 729

Sweden

1 330  (1)

United Kingdom

5 705

EC

150 777

Norway

10 063  (2)

Faeroe Islands

9 160  (3)
   (4)
   (5)

TAC

170 000

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.

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(1)  Including sand eel.

1

(2)  May only be fished in EC waters of ICES zone IV.

2

(3)  This quantity may be fished in ICES zone IV and zone VIa North of 56°30′N. Any by-catch of blue whiting shall be counted against the blue whiting quota established for ICES zones VIa, VIb and VII.

3

(4)  
  1 832 tonnes can be caught as herring in fisheries using nets with mesh sizes less than 32 mm. If the quota of 1 832 tonnes of herring is exhausted then all fisheries using nets with mesh sizes less than 32 mm is prohibited.

4

(5)  Catches taken in the monitoring fisheries, corresponding to 2 % of the effort deployed by Member States and up to a maximum of 2 500 tonnes can be caught as sand eel.’

5

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