02017R1970 — EN — 01.08.2018 — 001.001

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Amended by:





Corrected by:









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COUNCIL REGULATION (EU) 2017/1970

of 27 October 2017

fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2017/127







CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2018.

Article 2

Scope

1. This Regulation shall apply to Union fishing vessels operating in the Baltic Sea.

2. This Regulation shall also apply to recreational fisheries where they are expressly referred to in the relevant provisions.

Article 3

Definitions

For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:

(1) ‘subdivision’ means an ICES subdivision of the Baltic Sea as defined in Annex I to Council Regulation (EC) No 2187/2005 ( 1 );

(2) ‘total allowable catch’ (TAC) means the quantity of each stock that can be caught over the period of a year;

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

(4) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources such as for recreation, tourism or sport.







CHAPTER II

FISHING OPPORTUNITIES

Article 4

TACs and allocations

The TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in the Annex.

Article 5

Special provisions on allocations of fishing opportunities

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 16(8) of Regulation (EU) No 1380/2013;

(b) deductions and 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 or under Article 15(9) of Regulation (EU) No 1380/2013;

(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013;

(e) deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.

Article 6

Conditions for landing of catches and by-catches

1. Catches of species which are subject to catch limits and which have been caught in fisheries specified in Article 15(1) of Regulation (EU) No 1380/2013 are subject to the landing obligation, as established in that Article.

2. The stocks of non-target species within the safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in the Annex to this Regulation for the purpose of the derogation from the obligation to count catches against the relevant quota provided for in that Article.

Article 7

Measures on recreational fisheries for cod in subdivisions 22-24

1. In recreational fisheries, no more than five specimens of cod may be retained per fisherman per day in subdivisions 22-24.

2. By way of derogation from paragraph 1, no more than three specimens of cod may be retained per fisherman per day in subdivisions 22-24 in the period from 1 February 2018 to 31 March 2018.

3. Paragraphs 1 and 2 are without prejudice to more stringent national measures.







CHAPTER III

FINAL PROVISIONS

Article 8

Data transmission

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

Article 9

Flexibility

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

2. Article 3(2) and (3) and Article 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.

Article 10

Amendment to Regulation (EU) 2017/127

In Annex IA to Regulation (EU) 2017/127, the fishing opportunities table for Norway pout and associated by-catches in 3a, and Union waters of 2a and 4 is replaced by the following:







‘Species: Norway pout and associated by-catches Trisopterus esmarkii Zone: 3a; Union waters of 2a and 4 (NOP/2A3A4.) Year 2017 2018 Denmark 141 819 (1) (3) 54 949 (1) (6) Germany 27 (1) (2) (3) 11 (1) (2) (6) The Netherlands 104 (1) (2) (3) 40 (1) (2) (6) Union 141 950 (1) (3) 55 000 (1) (6) Norway 25 000 (4) Faroe Islands 9 300 (5) TAC 238 981 Not relevant Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply. (1) Up to 5 % of the quota may consist of by-catches of haddock and whiting (OT2/*2A3A4). By-catches of haddock and whiting counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota. (2) Quota may be fished in Union waters of ICES zones 2a, 3a and 4 only. (3) ►C1 Union quota may only be fished from 1 November 2016 to 31 October 2017. ◄ (4) A sorting grid shall be used. (5) A sorting grid shall be used. Includes a maximum of 15 % of unavoidable by-catches (NOP/*2A3A4), to be counted against this quota. (6) Union quota may be fished from 1 November 2017 to 31 October 2018.’.

Article 11

Entry into force

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

It shall apply from 1 January 2018, with the exception of Article 10 which shall apply from 1 November 2017.

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









ANNEX

TACs APPLICABLE TO UNION FISHING 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.

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

The fish stocks are referred to using 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

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Species: Herring Clupea harengus Zone: Subdivisions 30-31 (HER/30/31.) Finland 78 351 Sweden 17 215 Union 95 566 TAC 95 566 Analytical TAC

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Species: Herring Clupea harengus Zone: Subdivisions 22-24 (HER/3BC+24) Denmark 2 426 Germany 9 551 Finland 1 Poland 2 252 Sweden 3 079 Union 17 309 TAC 17 309 Analytical TAC Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply.







Species: Herring Clupea harengus Zone: Union waters of Subdivisions 25-27, 28.2, 29 and 32 (HER/3D-R30) Denmark 5 045 Germany 1 338 Estonia 25 767 Finland 50 297 Latvia 6 359 Lithuania 6 696 Poland 57 142 Sweden 76 711 Union 229 355 TAC Not relevant Analytical TAC Article 6(2) of this Regulation shall apply.







Species: Herring Clupea harengus Zone: Subdivision 28.1 (HER/03D.RG) Estonia 13 392 Latvia 15 607 Union 28 999 TAC 28 999 Analytical TAC Article 6(2) of this Regulation shall apply.







Species Cod Gadus morhua Zone: Union waters of Subdivisions 25-32 (COD/3DX32.) Denmark 6 521 ((x)) Germany 2 594 ((x)) Estonia 635 ((x)) Finland 499 ((x)) Latvia 2 425 ((x)) Lithuania 1 597 ((x)) Poland 7 510 ((x)) Sweden 6 607 ((x)) Union 28 388 ((x)) TAC Not relevant Precautionary TAC Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply. (x) In subdivisions 25 and 26, fishing vessels shall be prohibited from 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 fish this quota from 1 July to 31 August. By way of derogation from the first paragraph, that closure period shall not apply to fishing vessels of less than 12 metres in length overall that fish in areas where the water depth is less than 20 meters according to the coordinates on the official sea chart. Those vessels shall ensure that their fishing activity can be monitored at any time. For that purpose, they can for example be equipped with a vessel monitoring system (VMS), or equivalent electronic monitoring system certified by the control authority, or paper logbooks in combination with established inspection and surveillance procedures in line with Council Regulation (EC) No 1224/2009. Member States shall send the catch data to the Commission on a weekly basis.







Species: Cod Gadus morhua Zone: Subdivisions 22-24 (COD/3BC+24) Denmark 2 444 ((x)) Germany 1 194 ((x)) Estonia 54 ((x)) Finland 48 ((x)) Latvia 202 ((x)) Lithuania 131 ((x)) Poland 654 ((x)) Sweden 870 ((x)) Union 5 597 ((x)) TAC 5 597 ((x)) Analytical TAC Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply. (x) Fishing vessels shall be prohibited from 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 fish this quota from 1 February to 31 March. By way of derogation from the first paragraph, that closure period shall not apply to fishing vessels of less than 12 metres in length overall that fish in areas where the water depth is less than 20 meters according to the coordinates on the official sea chart. Those vessels shall ensure that their fishing activity can be monitored at any time. For that purpose, they can for example be equipped with a vessel monitoring system (VMS), or equivalent electronic monitoring system certified by the control authority, or paper logbooks in combination with established inspection and surveillance procedures in line with Council Regulation (EC) No 1224/2009. Member States shall send the catch data to the Commission on a weekly basis.







Species: Plaice Pleuronectes platessa Zone: Union waters of Subdivisions 22-32 (PLE/3BCD-C) Denmark 5 070 Germany 563 Poland 1 061 Sweden 382 Union 7 076 TAC 7 076 Analytical TAC







Species: Atlantic salmon Salmo salar Zone: Union waters of Subdivisions 22-31 (SAL/3BCD-F) Denmark 18 885 (1) Germany 2 101 (1) Estonia 1 919 (1) Finland 23 548 (1) Latvia 12 012 (1) Lithuania 1 412 (1) Poland 5 729 (1) Sweden 25 526 (1) Union 91 132 (1) TAC Not relevant Analytical TAC Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply. (1) Expressed by number of individual fish.







Species: Atlantic salmon Salmo salar Zone: Union waters of Subdivision 32 (SAL/3D32.) Estonia 1 026 (1) Finland 8 977 (1) Union 10 003 (1) TAC Not relevant Precautionary TAC (1) Expressed by number of individual fish.







Species: Sprat Sprattus sprattus Zone: Union waters of Subdivisions 22-32 (SPR/3BCD-C) Denmark 25 875 Germany 16 393 Estonia 30 047 Finland 13 545 Latvia 36 289 Lithuania 13 127 Poland 77 012 Sweden 50 022 Union 262 310 TAC Not relevant Analytical TAC Article 6(2) of this Regulation shall apply.