02016R1903 — EN — 28.01.2017 — 001.001

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Amended by:









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COUNCIL REGULATION (EU) 2016/1903

of 28 October 2016

fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2016/72







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 2017.

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 defintions 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 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 of 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 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 2017 to 31 March 2017.

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) 2016/72

In Annex IA to Regulation (EU) 2016/72, the entry for Norway pout in IIIa and Union waters of IIa and IV is replaced by the following:







Species: Norway pout and associated by-catches Trisopterus esmarkii Zone: IIIa; Union waters of IIa and IV (NOP/2A3A4.) Year 2016 2017 Denmark 128 880 (1) (3) 99 907 (1) (6) Germany 25 (1) (2) (3) 19 (1) (2) (6) The Netherlands 95 (1) (2) (3) 74 (1) (2) (6) Union 129 000 (1) (3) 100 000 (1) (6) Norway 15 000 (4) Faroe Islands 6 000 (5) TAC Not relevant 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) Without prejudice to the landing obligation, catches of whiting may be counted against up to 5 % of the quota (OT2/*2A3A4), provided that not more than 9 % in total of this quota for Norway pout is accounted for by these catches and by-catches of those species that are accounted for under Article 15(8) of Regulation (EU) No 1380/2013. (2) Quota may be fished in Union waters of ICES zones IIa, IIIa and IV only. (3) Union quota may only be fished from 1 January to 31 October 2016. (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 2016 to 31 October 2017.

Article 11

Entry into force

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

It shall apply from 1 January 2017, with the exception of Article 10 which shall apply from 1 November 2016.

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







Species: Herring Clupea harengus Zone: Subdivisions 30-31 (HER/30/31.) Finland 115 599 Sweden 25 399 Union 140 998 TAC 140 998 Analytical TAC







Species: Herring Clupea harengus Zone: Subdivisions 22-24 (HER/3BC+24) Denmark 3 981 Germany 15 670 Finland 2 Poland 3 695 Sweden 5 053 Union 28 401 TAC 28 401 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 Article 6(2) of this Regulation shall apply







Species: Herring Clupea harengus Zone: Union waters of Subdivisions 25-27, 28.2, 29 and 32 (HER/3D-R30) Denmark 4 205 Germany 1 115 Estonia 21 473 Finland 41 914 Latvia 5 299 Lithuania 5 580 Poland 47 618 Sweden 63 925 Union 191 129 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 14 350 Latvia 16 724 Union 31 074 TAC 31 074 Analytical TAC Article 6(2) of this Regulation shall apply







Species Cod Gadus morhua Zone: Union waters of Subdivisions 25-32 (COD/3DX32.) Denmark 7 089 Germany 2 820 Estonia 691 Finland 542 Latvia 2 636 Lithuania 1 736 Poland 8 161 Sweden 7 182 Union 30 857 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

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Species: Cod Gadus morhua Zone: Subdivisions 22-24 (COD/3BC+24) Denmark 2 444 Germany 1 194 Estonia 54 Finland 48 Latvia 202 Lithuania 131 Poland 654 Sweden 870 Union 5 597 TAC 5 597 (1) 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 Article 15(9) of Regulation (EU) No 1380/2013 shall not apply (1) This quota may be fished from 1 January to 31 January and from 1 April to 31 December 2017. However, fishing vessels of less than 15 metres in length overall (except pair trawling vessels) which are equipped with a vessel-monitoring system in accordance with Article 9(2) of Regulation (EC) No 1224/2009 shall also be allowed to fish this quota from 1 February to 31 March 2017 in areas where the water depth is less than 20 metres. Article 9(5) of Regulation (EC) No 1224/2009 shall not apply.

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Species: Plaice Pleuronectes platessa Zone: Union waters of Subdivisions 22-32 (PLE/3BCD-C) Denmark 5 632 Germany 626 Poland 1 179 Sweden 425 Union 7 862 TAC 7 862 Analytical TAC







Species: Atlantic salmon Salmo salar Zone: Union waters of Subdivisions 22-31 (SAL/3BCD-F) Denmark 19 879 (1) Germany 2 212 (1) Estonia 2 020 (1) Finland 24 787 (1) Latvia 12 644 (1) Lithuania 1 486 (1) Poland 6 030 (1) Sweden 26 870 (1) Union 95 928 (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 1 075 (1) Finland 9 410 (1) Union 10 485 (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 25 745 Germany 16 310 Estonia 29 896 Finland 13 477 Latvia 36 107 Lithuania 13 061 Poland 76 627 Sweden 49 770 Union 260 993 TAC Not relevant Analytical TAC Article 6(2) of this Regulation shall apply