Council Regulation (EC) No 1322/2008 of 28 November 2008 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2009
Date: 2008-11-28
Institutions: Council of the European Union
Subjects: Baltic Sea, authorised catch, fishery management, fishery resources, fishing area, fishing regulations, fishing rights, sea fish

23.12.2008

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Official Journal of the European Union

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

I

REGULATIONS

COUNCIL REGULATION (EC) No 1322/2008

of 28 November 2008

fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish
stocks applicable in the Baltic Sea for 2009

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

in particular,

the report prepared by the
advice and,
Scientific, Technical
for
Fisheries, as well as in the light of any advice received
from the Baltic Sea Regional Advisory Council.

and Economic Committee

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
year-to-year
1996 introducing
and in particular
management of TACs
Article 2 thereof,

and quotas (2),

conditions

additional

for

Having regard to Council Regulation (EC) No 1098/2007 of
18 September 2007 establishing a multiannual plan for the
cod stocks in the Baltic Sea and the fisheries exploiting those
stocks (3), and in particular Articles 5 and 8(3) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

Article 4 of Regulation (EC) No 2371/2002 requires the
Council to adopt the measures necessary to ensure access
to waters and resources and the sustainable pursuit of
fishing activities taking account of available scientific

(2)

(3)

(4)

(5)

Under Article 20 of Regulation (EC) No 2371/2002, it is
incumbent upon the Council to establish fishing oppor­
tunity limits by fishery or group of fisheries and the
allocation of these opportunities to Member States.

to ensure effective management of

fishing
In order
opportunities,
conditions under which
fishing operations are carried out should be established.

specific

the

and certain procedures

The principles
fishery
management need to be laid down at Community
level, so that Member States can ensure the management
of the vessels flying their flag.

for

Article 3 of Regulation (EC) No 2371/2002 lays down
fishing
definitions of
opportunities.

the allocation of

relevance for

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 115, 9.5.1996, p. 3.
(3) OJ L 248, 22.9.2007, p. 1.

(6)

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

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(7)

in

legislation,
Regulation

and
(EEC) No

Fishing opportunities should be used in accordance with
particular with
Community
Commission
of
2807/83
22 September 1983 laying down detailed rules for
recording information on Member States’ catches of
fish (1), Council Regulation (EEC) No 2930/86 of
22 September 1986 defining characteristics for fishing
vessels (2), Commission Regulation (EEC) No 1381/87
of 20 May 1987 establishing detailed rules concerning
fishing vessels (3),
the marking and documentation of
Council Regulation (EEC) No 3880/91 of 17 December
1991 on the submission of nominal catch statistics by
Member States fishing in the North-East Atlantic (4),
Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the
common fisheries policy (5), Commission Regulation
(EC) No 2244/2003 of 18 December 2003 laying
down detailed provisions regarding satellite-based Vessel
Monitoring Systems (6), and Council Regulation (EC) No
2187/2005 of 21 December 2005 for the conservation
of fishery resources through technical measures in the
Baltic Sea, the Belts and the Sound (7) and Regulation
(EC) No 1098/2007.

(8)

To ensure that annual fishing opportunities are set at a
level commensurate with the sustainable exploitation of
resources in environmental, economic and social terms,
account has been taken of the guiding principles for
fixing total allowable catches (TACs) as described in the
Communication from the Commission to the Council on
fishing opportunities for 2009: Policy Statement from
the European Commission.

(9)

To help conserve fish stocks, certain supplementary
measures on technical conditions of fishing should be
implemented in 2009.

(10)

the matter,

To ensure the livelihood of Community fishermen, it is
important to open these fisheries on 1 January 2009.
Given the urgency of
is imperative to
grant an exception to the six-week period referred to
in point 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,

it

(1) OJ L 276, 10.10.1983, p. 1.
(2) OJ L 274, 25.9.1986, p. 1.
(3) OJ L 132, 21.5.1987, p. 9.
(4) OJ L 365, 31.12.1991, p. 1.
(5) OJ L 261, 20.10.1993, p. 1.
(6) OJ L 333, 20.12.2003, p. 17.
(7) OJ L 349, 31.12.2005, p. 1.

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes fishing opportunities for 2009 for certain
fish stocks and groups of fish stocks in the Baltic Sea and the
associated 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 Baltic Sea.

2.
By way of derogation from paragraph 1, this Regulation
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 whose waters the research is carried out have been informed
in advance.

Article 3

Definitions

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:

(a)

for the Exploration of the Sea
the International Council
(ICES) zones are as defined in Regulation (EEC) No
3880/91;

(b) ‘Baltic Sea’ means ICES subdivisions 22-32;

(c)

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

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

Community, a Member State or a third country;

(e)

‘day absent from port’ means any continuous period of 24
hours or part thereof during which the vessel is absent from
port.

CHAPTER II

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS

Article 4

Catch limits and allocations

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

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Article 5

Special provisions on allocations

registered in the Community, and operating in the fisheries to
which the relevant quota applies shall not land catches that are
unsorted and that contain herring.

The allocation of catch limits among Member States, as set

1.
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;

4. Where the quota for sprat allocated to a Member State is
that Member State,
flying the flag of
exhausted, vessels
registered in the Community, and operating in the fisheries to
which the relevant quota applies shall not land catches that are
unsorted and that contain sprat.

(c) additional

landings allowed under Article 3 of Regulation

(EC) No 847/96;

Article 7

Fishing effort limits

1.

Fishing effort limits are set out in Annex II.

(d) quantities withheld in accordance with Article 4 of Regu­

lation (EC) No 847/96;

(e) deductions made pursuant to Article 5 of Regulation (EC)

No 847/96.

2.
For the purpose of withholding quotas to be transferred to
2010, Article 4(2) of Regulation (EC) No 847/96 may apply, by
way of derogation from that Regulation, to all stocks subject to
analytical TAC.

Article 6

Conditions for catches and by-catches

Fish from stocks for which catch limits are fixed shall only

1.
be retained on board or landed if:

(a)

the catches have been taken by vessels of a Member State
with a quota and that quota has not been exhausted; or

(b) species other than herring and sprat are mixed with other
species, and are not sorted either on board or on landing
and the catches have been taken with trawls, Danish seines
or similar gears of a mesh size less than 32 mm.

All

landings shall count against

2.
the
Community share has not been allocated among Member
States by quotas, against
for
catches made under paragraph 1(b).

the Community share, except

the quota or,

if

3. Where the quota for herring allocated to a Member State
that Member State,
is exhausted, vessels flying the flag of

2.
The limits referred to in paragraph 1 shall apply to ICES
subdivisions 27 and 28.2, in so far as the Commission has not
taken a decision in accordance with Article 29(2) of Regulation
(EC) No 1098/2007 to exclude those subdivisions from the
restrictions provided for in Article 8(1)(b), (3), (4) and (5) and
Article 13 of that Regulation.

3.
The limits referred to in paragraph 1 shall not apply to
in so far as the Commission has not
ICES subdivision 28.1,
taken a decision in accordance with Article 29(4) of Regulation
(EC) No 1098/2007 that
in
Article 8(1)(b),
(4) and (5) of Regulation (EC) No
1098/2007 shall apply to that subdivision.

the restrictions provided for

(3),

Article 8

Transitional technical measures

Transitional technical measures are set out in Annex III.

CHAPTER III

FINAL PROVISIONS

Article 9

Data transmission

When Member States send data to the Commission relating to
landings
to
Article 15(1) of Regulation (EEC) No 2847/93, they shall use
the stock codes set out in Annex I to this Regulation.

quantities

pursuant

caught,

stocks

of

of

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Article 10

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 2009.

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

Done at Brussels, 28 November 2008.

For the Council
The President

M. BARNIER

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ANNEX I

Catch limits and associated conditions for year-to-year management of catch limits applicable to Community
vessels in areas where catch limits 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, 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

Clupea harengus

Gadus morhua

Platichthys flesus

Pleuronectes platessa

Psetta maxima

Salmo salar

Sprattus sprattus

Alpha-3 code

Common name

HER

COD

FLX

PLE

TUR

SAL

SPR

Herring

Cod

Flounder

Plaice

Turbot

Atlantic salmon

Sprat

Species:

Finland

Sweden

EC

TAC

Herring
Clupea harengus

Zone:

Subdivisions 30-31
HER/3D30.; HER/3D31.

67 777

14 892

82 669

82 669

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 applies.
Article 4 of Regulation (EC) No 847/96 applies.
Article 5(2) of Regulation (EC) No 847/96 applies.

Species:

Herring
Clupea harengus

Zone:

Subdivisions 22-24
HER/3B23.; HER/3C22.; HER/3D24.

Denmark

Germany

Poland

Finland

Sweden

EC

TAC

3 809

14 994

3 536

2

4 835

27 176

27 176

Analytical 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(2) of Regulation (EC) No 847/96 applies.

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Species:

Herring
Clupea harengus

Zone:

EC waters of subdivisions 25-27, 28.2, 29 and 32
HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.;
HER/3D29.; HER/3D32.

Denmark

Germany

Estonia

Latvia

Lithuania

Poland

Finland

Sweden

EC

TAC

Species:

Estonia

Latvia

EC

TAC

3 159

838

16 134

3 982

4 192

35 779

31 493

48 032

143 609

Not relevant

Analytical 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(2) of Regulation (EC) No 847/96 applies.

Herring
Clupea harengus

Zone:

Subdivision 28.1
HER/03D.RG

16 113

18 779

34 892

34 892

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 applies.
Article 4 of Regulation (EC) No 847/96 applies.
Article 5(2) of Regulation (EC) No 847/96 applies.

Species:

Cod
Gadus morhua

Zone:

EC waters of subdivisions 25-32
COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.;
COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.

Denmark

Germany

Estonia

Latvia

Lithuania

Poland

Finland

Sweden

EC

TAC

10 241

4 074

998

3 808

2 509

11 791

784

10 375

44 580

Not relevant

Analytical 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(2) of Regulation (EC) No 847/96 applies.

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Species:

Cod
Gadus morhua

Zone:

EC waters of subdivisions 22-24
COD/3B23.; COD/3C22.; COD/3D24.

Denmark

Germany

Estonia

Latvia

Lithuania

Poland

Finland

Sweden

EC

TAC

Species:

Plaice
Pleuronectes platessa

Denmark

Germany

Poland

Sweden

EC

TAC

7 130

3 487

158

590

383

1 908

140

2 541

16 337

16 337

2 179

242

456

164

3 041

3 041

Analytical 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(2) of Regulation (EC) No 847/96 applies.

Zone:

EC waters of subdivisions 22-32
PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.;
PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.;
PLE/3D31.; PLE/3D32.

Precautionary TAC.
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.

Species:

Atlantic salmon
Salmo salar

Zone:

EC waters of subdivisions 22-31
SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.;
SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.;
SAL/3D30.; SAL/3D31.

Denmark

Germany

Estonia

Latvia

Lithuania

Poland

Finland

Sweden

EC

TAC

64 184 (1)

7 141 (1)

6 523 (1)

40 824 (1)

4 799 (1)

19 471 (1)

80 033 (1)

86 758 (1)

309 733 (1)

Not relevant

(1) Expressed by number of individual fish.

Analytical 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(2) of Regulation (EC) No 847/96 applies.

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Species:

Estonia

Finland

EC

TAC

Atlantic salmon
Salmo salar

Zone:

Subdivision 32
SAL/3D32.

1 581 (1)

13 838 (1)

15 419 (1)

Not relevant

Analytical 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(2) of Regulation (EC) No 847/96 applies.

(1) Expressed by number of individual fish.

Species:

Sprat
Sprattus sprattus

Zone:

EC waters of subdivisions 22-32
SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.;
SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.;
SPR/3D30.; SPR/3D31.; SPR/3D32.

Denmark

Germany

Estonia

Latvia

Lithuania

Poland

Finland

Sweden

EC

TAC

39 453

24 994

45 813

55 332

20 015

117 424

20 652

76 270

399 953

Not relevant

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 applies.
Article 5(2) of Regulation (EC) No 847/96 applies.

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ANNEX II

Fishing effort limits

1. For vessels flying their flag, Member States shall ensure that 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 shall be
permitted for a maximum number of:

(a) 201 days absent from port in subdivisions 22-24 with the exception of the period from 1 to 30 April when

Article 8(1)(a) of Regulation (EC) No 1098/2007 applies; and

(b) 160 days absent from port in subdivisions 25-28 with the exception of the period from 1 July to 31 August when

Article 8(1)(b) of Regulation (EC) No 1098/2007 applies.

2. The maximum number of days absent from port per year for which a vessel may be present within the two areas
defined in point 1(a) and (b) fishing with the gears referred to in point 1 may not exceed the maximum number of
days allocated for one of the two areas.

ANNEX III

Transitional technical measures

Restrictions on fishing for flounder and turbot

1. The retention on board of the following species of fish which are caught within the geographical areas and during the

periods mentioned below shall be prohibited:

Species

Geographical area

Period

Flounder (Platichthys flesus)

Subdivisions 26 to 28, 29 south of 59°30′N 15 February to 15 May

Subdivision 32

15 February to 31 May

Turbot (Psetta maxima)

Subdivisions 25 to 26, 28 south of 56°50′N 1 June to 31 July

2. By way of derogation from point 1, when fishing with trawls, Danish seines and similar gears with a mesh size equal
to or greater than 105 mm or with gillnets, entangling nets or trammel nets with a mesh size equal to or greater than
100 mm, by-catches of flounder and turbot may be retained on board and landed within a limit of 10 % by live
weight of the total catch retained on board and landed during the periods of prohibition referred to in point 1.