Proposal for a REGULATION (EU) No …/… OF the European Parliament and of the Council of amending Council Regulation (EC) No 2187/2005 as regards the prohibition of highgrading and restrictions on fishing for flounder and turbot in the Baltic Sea, the Belts and the Sound.
Date: 2010-06-22
Institutions: European Commission
Subjects: Baltic Sea, catch quota, conservation of fish stocks, fishing area, fishing net, fishing regulations, technical regulations

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION 

Brussels, 22.6.2010 
COM(2010)325 final 

2010/0175 (COD) 

Proposal for a 

REGULATION (EU) No …/… OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL 

of 

amending Council Regulation (EC) No 2187/2005 as regards the prohibition of 
highgrading and restrictions on fishing for flounder and turbot in the Baltic Sea, the 
Belts and the Sound. 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Council Regulation (EC) No 2187/2005 sets specific technical measures for the conservation 
of  fishery  resources  in  the  Baltic  Sea,  the  Belts  and  the  Sound.  This  Regulation  provides 
specific  provisions  relating  to  size  and  type  of  all  components  of  fishing  gears,  including 
mesh sizes, among other measures. 

Council  Regulation  (EC)  No  1226/2009  fixing  the  fishing  opportunities  and  associated 
conditions  for  certain  fish  stocks  and  groups  of  fish  stocks  applicable  in  the  Baltic  Sea  for 
2010  has  provisions  related  to  technical  measures,  namely  article  7  on  the  prohibition  of 
highgrading and in Annex III on the restrictions on fishing for flounder and turbot. 

In light of the Lisbon Treaty, amending Council Regulation (EC) No 2187/2005 is therefore 
needed  solely  to  move  the  provisions  regarding  technical  measures  out  of  the  regulatory 
framework establishing annual fishing opportunities. 

EN 

2 

   EN 

 
2010/0175 (COD) 

Proposal for a 

REGULATION (EU) No …/… OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL  

of 

amending Council Regulation (EC) No 2187/2005 as regards the prohibition of 
highgrading and restrictions on fishing for flounder and turbot in the Baltic Sea, the 
Belts and the Sound. 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
article 43(2) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the opinion from the European Economic and Social Committee, 

After transmission of the proposal to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Council  Regulation  (EC)  No  2187/20051  sets  specific  technical  measures  for  the 
conservation  of  fishery  resources  in  the  Baltic  Sea,  the  Belts  and  the  Sound,  and  in 
particular restrictions on fishing for certain species, sizes and areas. 

Council  Regulation  (EC)  No  1226/2009  of  20  November  2009  fixing  the  fishing 
opportunities  and  associated  conditions  for  certain  fish  stocks  and  groups  of  fish 
stocks applicable in the Baltic Sea for 20102 provides in Article 7 for the prohibition 
of highgrading and in Annex III for restrictions on fishing for flounder and turbot. 

Those  technical  measures  provided  for  in  Regulation  (EC)  No  1226/2009  should  be 
incorporated into Council Regulation (EC) No 2187/2005 as from January 2011 since, 
in  the  light  of  the  entry  in  to  force  of  the  Lisbon  Treaty,  there  is  a  need  to  move 
technical  measures  out  of  the  regulatory  framework  establishing  annual  fishing 
opportunities and, furthermore, since they are of a permanent nature.  

(4) 

Regulation (EC) No 2187/2005 should therefore be amended accordingly, 

1 
2 

OJ L 349, 31.12.2005, p. 1. 
OJ L 330, 16.12.2009, p. 1. 

EN 

3 

   EN 

 
                                                 
HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 2187/2005 is amended as follows: 

(1) 

The following Article 15a is inserted: 

"Article 15a 

Prohibition of highgrading 

Any  species  subject  to  quota  which  is  caught  during  fishing  operations  shall  be  brought 
aboard  the  vessel  and  subsequently  landed  unless  this  would  be  contrary  to  obligations  laid 
down  in  EU  fisheries  legislation  establishing  technical,  control  and  conservation  measures 
and  in  particular  in  this  Regulation,  in  Regulation  (EC)  No  2371/2002  and  in  Council 
Regulation (EC) No 1224/20093. 

(2) 

The following Article 18a is inserted: 

"Article 18a 

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 
Flounder (Platichthys flesus) 

Turbot (Psetta maxima) 

Geographical area 
Subdivisions 26, 27, 28 and 29 
south of 59°30′N 
Subdivision 32 
Subdivisions 25, 26 and 28 
south of 56°50′N 

Period 
15 February to 15 May 
15 February to 31 May 

1 June to 31 July 

2. 

By way of derogation from paragraph 1, when fishing with trawls, Danish seines or 
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 paragraph 1.". 

This Regulation shall enter into force on the twentieth day following that of its publication. 

Article 2 

3 

OJ L 343, 22.12.2009, p. 1 

EN 

4 

   EN 

 
 
 
                                                 
It shall apply from 1 January 2011. 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

5 

   EN