Council Regulation (EC) No 1579/2007 of 20 December 2007 fixing the fishing opportunities and the conditions relating thereto for certain fish stocks and groups of fish stocks applicable in the Black Sea for 2008
Date: 2007-12-20
Institutions: Council of the European Union
Subjects: Black Sea, authorised catch, fishery management, fishery resources, fishing controls, fishing rights

29.12.2007

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Official Journal of the European Union

L 346/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 1579/2007

of 20 December 2007

fixing the fishing opportunities and the conditions relating thereto for certain fish stocks and
groups of fish stocks applicable in the Black Sea for 2008

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

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

resources under

fisheries

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

conditions

additional

for

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

Under Article 4 of Regulation (EC) No 2371/2002 the
Council adopts the necessary measures governing access
to areas and resources and the sustainable pursuit of
fishing activities taking account of available scientific
the report prepared by the
advice and,
Scientific, Technical
for
Fisheries.

and Economic Committee

in particular,

Under Article 20 of Regulation (EC) No 2371/2002 the
Council establishes the fishing opportunities by fishery or
group of fisheries and the allocation of those opportu-
nities to Member States.

(3)

(4)

(5)

(6)

(7)

(8)

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

Article 3 of Regulation (EC) No 2371/2002 lays down
definitions relevant to the allocation of fishing opportu-
nities.

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

In order to contribute to the conservation of fish stocks,
certain supplementary measures relating to the technical
conditions of fishing should be implemented in 2008.

Fishing opportunities should be used in accordance with
the Community legislation on the subject, in particular
with Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable
to the common fisheries policy (3) and Council Regu-
lation (EC) No 850/98 of 30 March 1998 for the conser-
vation of fishery resources through technical measures
for the protection of juveniles of marine organisms (4).

Bearing in mind that in a Member State where before the
entry into force of this Regulation nets with a mesh size
less than 200 mm were traditionally used to catch turbot,
and in order
to allow adequate adaptation to the
technical measures introduced in this Regulation, that
Member State shall be permitted to fish for
turbot
using nets with a minimum mesh size of no less than
180 mm.

(1) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation

lation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 9).

(EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

(2) OJ L 115, 9.5.1996, p. 3.

(4) OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regu-

lation (EC) No 2166/2005 (OJ L 345, 28.12.2005, p. 5).

(3) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

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(9)

In view of the urgency of the matter, it is imperative to
grant an exception to the six-week period referred to in
paragraph 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 estab-
lishing the European Communities,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT, SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes fishing opportunities for 2008 for certain
fish stocks and groups of fish stocks in the Black Sea and the
specific conditions under which such fishing opportunities may
be used.

Article 2

Scope

This Regulation shall apply to Community fishing vessels

1.
(Community vessels) operating in the Black Sea.

By way of derogation from paragraph 1, this Regulation
2.
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
concerned and of which the Commission and the Member State
in the waters of which the research is carried out have been
informed in advance.

Article 3

Definitions

CHAPTER II

FISHING OPPORTUNITIES AND THE CONDITIONS RELATING
THERETO

Article 4

Catch limits and allocations

The catch limits, the allocation of such limits among Member
States, and the additional conditions applicable pursuant
to
Article 2 of Regulation (EC) No 847/96 are set out in An-
nex I to this Regulation.

Article 5

Special provisions on allocations

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 and the second
subparagraph of Article 23(4) of Regulation (EC) No
2371/2002;

(c) additional

landings allowed under Article 3 of Regulation

(EC) No 847/96;

(d) deductions made pursuant to Article 5 of Regulation (EC)
No 847/96 and the first subparagraph of Article 23(4) of
Regulation (EC) No 2371/2002.

In addition to the definitions laid down in Article 3 of Regu-
lation (EC) No 2371/2002, for the purposes of this Regulation
the following definitions shall apply:

Article 6

Conditions for catches and by-catches

(a)

‘GFCM’ shall mean General Fisheries Commission for the
Mediterranean;

(b) ‘Black Sea’ shall mean the GFCM geographical sub-area as

defined in Resolution GFCM/31/2007/2;

(c)

‘total allowable catch (TAC)’ shall mean the quantity that
can be taken from each stock each year;

1.
Fish from stocks for which catch limits are fixed shall be
retained on board or landed only if the catches have been taken
by fishing vessels of a Member State with a quota and that
quota has not been exhausted.

All

landings shall count against

2.
the
Community share has not been allocated among Member
States by quotas, against the Community share.

the quota or,

if

Article 7

Transitional technical measures

(d) ‘quota’ shall mean a proportion of the TAC allocated to the

Community, a Member State or a third country.

The transitional
Annex II.

technical measures shall be as set out

in

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CHAPTER III

FINAL PROVISIONS

Article 8

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 9

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 2008.

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

Done at Brussels, 20 December 2007.

For the Council
The President

F. NUNES CORREIA

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ANNEX I

Catch limits and the conditions relating thereto for year-to-year management of catch limits applicable to
Community vessels in areas where catch limits have been fixed 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

Psetta maxima

Sprattus sprattus

Alpha-3 code

Common name

TUR

SPR

Turbot

Sprat

Species:

Turbot
Psetta maxima

Zone:

Black Sea

Bulgaria

Romania

EC

TAC

50

50

100

Not relevant

Precautionary 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 of Regulation (EC) No 847/96 applies.

Species:

Sprat
Sprattus sprattus

Zone:

Black Sea

EC

TAC

15 000 (1)

Not relevant

Precautionary TAC
Article 3 of Regulation (EC) No 847/96 applies.
Article 4 of Regulation (EC) No 847/96 does not apply.
Article 5 of Regulation (EC) No 847/96 applies.

(1) May be fished only by vessels flying the flag of Bulgaria or Romania.

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ANNEX II

TRANSITIONAL TECHNICAL MEASURES

1. No fishing activity for turbot shall be permitted from 15 April to 15 June in European Community waters of the Black

Sea.

2. In a Member State where the minimum legal mesh size for nets used to catch turbot was less than 200 mm before the
entry into force of this Regulation, nets with a minimum mesh size of no less than 180 mm may be used to catch
turbot.

3. The minimum landing size for turbot shall be 45 cm total

length, measured in accordance with Article 18 of

Regulation (EC) No 850/98.