Proposal for a COUNCIL REGULATION fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea
Date: 2012-08-17
Institutions: European Commission
Subjects: Baltic Sea, authorised catch, catch quota, fishery management, fishing rights, sea fish, vessel

EUROPEAN COMMISSION 

Brussels, 17.8.2012  
COM(2012) 458 final 

2012/0223 (NLE) 

Proposal for a 

COUNCIL REGULATION 

fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks 
applicable in the Baltic Sea 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

In  accordance  with  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy, measures should be taken to ensure that living aquatic resources are exploited under 
sustainable economic, environmental and social conditions. One important tool in this respect 
is  the  annual  fixing  of  fishing  opportunities  in  the  form  of  total  allowable  catches  (TACs), 
quotas and fishing effort limits. 

The objective of this proposal is to fix, for the commercially most important fish stocks in the 
Baltic Sea, the fishing opportunities for Member States for 2013. With a view to simplifying 
and  clarifying  the  annual  TAC  and  quota  decisions,  fishing  opportunities  in  the  Baltic  Sea 
have been fixed by a separate Regulation since 2006. 

•  General context 

The  Communication  from 
Opportunities for 2013 (COM(2012) 278 final) outlines the background to the proposal. 

the  Commission  concerning  a  consultation  on  Fishing 

The scientific advice on stocks in the Baltic Sea for 2013 was delivered by the International 
Council for the Exploration of the Sea (ICES) in May 2012 and by the Scientific, Technical 
and Economic Committee for Fisheries (STECF) in June 2012. 

The proposal contains two sections that are important for management of the Baltic fisheries 
in 2013 through fishing opportunities: one section fixing the TACs and quotas and a second 
limiting the fishing effort, by imposing limits on fishing vessels’ activity (number of days at 
sea). 

•  Existing provisions in the area of the proposal 

Fishing opportunities and the way they are allocated to Member States are regulated annually. 
The most recent instrument is Council Regulation (EU) No 1256/2011 of 30 November 2011 
fixing  for  2012  the  fishing  opportunities  for  certain  fish  stocks  and  groups  of  fish  stocks 
applicable in the Baltic Sea and amending Regulation (EU) No 1124/2010. 

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,  amending 
Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98, is also of relevance to 
fisheries management in the Baltic Sea. 

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, amending 
Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97, outlines the control 
and  monitoring  measures  necessary  for  rebuilding  the  cod  stocks  in  question.  It  also  lays 
down the rules for setting the TACs for the Western and Eastern cod stocks and the associated 
fishing effort limitations. 

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•  Consistency with other EU policies and objectives 

The  proposed  measures  are  in  accordance  with  the  objectives  and  rules  of  the  Common 
Fisheries Policy and are consistent with the Union’s policy on sustainable development. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

•  Collection and use of expertise 

Main organisations/experts consulted 

The  scientific  organisations  consulted  were  the  International  Council  for  the  Exploration  of 
the  Sea  (ICES)  and  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries 
(STECF). 

The Union asks ICES and STECF each year for scientific advice on the state of important fish 
stocks. The advice received covers all Baltic stocks for which TACs are proposed. 

•  Consultation of interested parties 

The  Baltic  Sea  Regional  Advisory  Council  (BSRAC)  was  consulted  at 
its  Joint 
Demersal/Pelagic Working Group meeting in June 2012 on the basis of the Communication 
from the Commission concerning Fishing Opportunities. The scientific basis for the proposal 
was provided by ICES and STECF. At this meeting the rules for setting TACs and quotas for 
2013 on the basis of the Communication were presented. The preliminary views expressed on 
all the fish stocks concerned were considered and taken into account as far as possible in the 
proposal  without  contradicting  existing  policies  or  causing  any  deterioration  in  the  state  of 
vulnerable resources. 

The BSRAC supports the Commission’s attempts to set TACs that are more consistent with 
scientific advice, as well as the application of the multiannual plan for cod with regard to the 
setting of the TACs. 

•  Impact assessment 

The  TACs  for  Western  and  Eastern  Baltic  cod  have  been  reduced  on  average  by  6 %  in 
accordance  with  the  multiannual  plan.  Under  the  proposal,  three  of  the  five  pelagic  TACs 
would  increase,  and  the  remaining  two  TACs  would  decrease.  In  general,  the  proposed 
measures would result in an overall slight increase by 2 % in fishing opportunities in terms of 
catch  volumes  for  Union  vessels  in  the  Baltic  Sea  for  all  species  except  salmon  and  plaice 
stocks. 

The proposal reflects not only short-term concerns but is also part of a longer-term approach 
whereby  the  level  of  fishing  is  gradually  reduced  to  long-term  sustainable  levels.  The 
approach taken in line with the proposal will therefore, in the medium to long term, result in a 
stable fishing effort and higher quotas. The long-term effects of the approach are expected to 
be  a  reduced  impact  on  the  environment  due  to  the  smaller  fishing  effort,  reductions  in  the 
catching sector in terms of number of vessels and/or in the average fishing effort per vessel, 
and unchanged or increased landings. The sustainability of fishing activities will increase in 
the long term. 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The proposal seeks to establish the catch and effort limitations applicable to EU fisheries, in 
order to achieve the objective of the Common Fisheries Policy of ensuring fisheries at levels 
that are biologically, economically and socially sustainable. 

•  Legal basis 

Article 43(3) of the Treaty on the Functioning of the European Union (TFEU). 

•  Subsidiarity principle 

The  proposal  falls  under  the  Union’s  exclusive  competence  as  referred  to  in  Article  3(1)(d) 
TFEU. The subsidiarity principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The  Common  Fisheries  Policy  is  a  common  policy.  According  to  Article  43(3)  TFEU  it  is 
incumbent  upon  the  Council  to  adopt  measures  on  the  fixing  and  allocation  of  fishing 
opportunities. 

The Council Regulation in question allocates fishing opportunities to Member States. Having 
regard to Article 20(3) of Regulation (EC) No 2371/2002, Member States are free to allocate 
such opportunities among regions or operators as they see fit. Therefore, Member States have 
ample room for manoeuvre on decisions related to the social/economic model of their choice 
to exploit their allocated fishing opportunities. 

The proposal has no new financial implications for Member States. This particular Regulation 
is adopted by the Council  every  year,  and the public  and private means to implement  it  are 
already in place. 

•  Choice of instrument 

Proposed instrument: Regulation. 

This  is  a  proposal  for  fisheries  management  on  the  basis  of  Article  43(3)  TFEU  and  in 
accordance with Article 20 of Council Regulation (EC) No 2371/2002. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implications for the EU budget. 

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5. 

ADDITIONAL INFORMATION 

•  Simplification 

The proposal continues to provide for simplification of administrative procedures for public 
authorities (EU or national), as it contains provisions similar to those of the 2012 Regulation 
on the fishing opportunities in the Baltic Sea. 

•  Review/revision/sunset clause 

The proposal concerns an annual Regulation for the year 2013 and therefore does not include 
a revision clause. 

•  Detailed explanation 

The proposal fixes for 2013 the fishing opportunities for certain stocks or groups of stocks for 
Member States fishing in the Baltic Sea. 

The proposed figures reflect current scientific advice, consultation with the BSRAC and the 
framework  for  setting  the  TACs  and  quotas  outlined  in  the  Communication  from  the 
Commission  concerning  a  consultation  on  Fishing  Opportunities.  Where  relevant,  the 
theoretical  quantities  of  stocks  shared  with  the  Russian  Federation  were  deducted  from  the 
proposed TACs. 

Given the Commission’s intention of ensuring the sustainable use of fishery resources in line 
with  the  Union’s  policy  and  international  commitments  while  maintaining  stable  fishing 
opportunities, annual variations in TACs are limited as far as practicable taking account of the 
status of a given stock. 

The TACs and quotas allocated to Member States are shown in Annex I and the fishing effort 
limits are laid down in Annex II to the Regulation. 

For cod stocks, the proposed TACs and effort limitations are in line with the requirements of 
the multiannual plan for cod stocks in the Baltic Sea and the fisheries exploiting those stocks. 
The  central  element  of  the  plan  is  a  gradual  reduction  in  fishing  mortality  to  long-term 
sustainable levels in order to ensure recovery of the stocks and provide high and stable yields. 
As the fishing mortality of the cod stocks has already decreased to the levels indicated in the 
multiannual  plan,  there  is  no  further  need  to  reduce  fishing  effort,  i.e.  days  at  sea,  nor  to 
increase it. 

All pelagic stocks in the Baltic Sea, namely Western, Central, Gulf of Riga, Gulf of Bothnia 
herring  stocks  and  sprat  stock  are  to  be  fished  at  MSY  level  in  2013,  therefore  the  TACs 
proposed correspond to the MSY fishing mortality. 

With  regard  to  salmon  and  plaice  stocks  the  scientific  advice  still  needs  to  be  delivered 
according to the terms of reference in order to propose a TAC. Pending the outcome of further 
contacts with ICES, the quantities are not provided in the proposal, but they will be included 
at a later stage. 

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2012/0223 (NLE) 

Proposal for a 

COUNCIL REGULATION 

fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks 
applicable in the Baltic Sea 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article  43(3)  of  the  Treaty  provides  that  the  Council,  on  a  proposal  from  the 
Commission, is to adopt measures on the fixing and allocation of fishing opportunities. 

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy (1) 
requires  that  measures  governing  access  to  waters  and  resources  and  the  sustainable 
pursuit  of  fishing  activities  be  established  taking  into  account  available  scientific, 
technical and economic advice and, in particular, the report drawn up by the Scientific, 
Technical and Economic Committee for Fisheries (STECF) as well as in the light of 
any advice received from Regional Advisory Councils. 

It  is  incumbent  upon  the  Council  to  adopt  measures  on  the  fixing  and  allocation  of 
fishing  opportunities  by  fishery  or  group  of  fisheries,  including  certain  conditions 
functionally linked thereto, as appropriate. Fishing opportunities should be distributed 
among Member States in such a way as to assure each Member State relative stability 
of fishing activities for each stock or fishery with due regard to the objectives of the 
Common Fisheries Policy established in Regulation (EC) No 2371/2002. 

The total allowable catches (TACs) should be established on the basis of the available 
scientific  advice,  taking  into  account  biological  and  socioeconomic  aspects  whilst 
ensuring  fair  treatment  between  fishing  sectors,  as  well  as  in  the  light  of  opinions 
expressed  during  the  consultation  of  stakeholders,  in  particular  at  meetings  with  the 
Advisory  Committee  on  Fisheries  and  Aquaculture  and  the  Regional  Advisory 
Councils concerned. 

(5) 

For  stocks  subject  to  specific  multiannual  plans,  the  fishing  opportunities  should  be 
established in accordance with the rules laid down in those plans. Consequently, catch 

1 

OJ L 358, 31.12.2002, p. 59. 

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limits  and  fishing  effort  limits  for  the  cod  stocks  in  the  Baltic  Sea  should  be 
established  in  accordance  with  the  rules  laid  down  in  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 (2) (‘the Baltic Sea Cod Plan’). 

In the light of the most recent scientific advice, flexibility  in  the management of  the 
fishing effort for cod stocks in the Baltic Sea can be introduced without jeopardising 
the  objectives  of  the  Baltic  Sea  Cod  Plan  and  without  resulting  in  an  increase  in 
fishing mortality. Such flexibility would allow for more efficient management of the 
fishing  effort  where  quotas  are  not  allocated  equally  among  the  fleet  of  a  Member 
State and would facilitate swift reactions to quota exchanges. A Member State should, 
therefore, be allowed to allocate to vessels flying its flag additional days absent from 
port where an equal amount of days absent from port is withdrawn from other vessels 
flying the flag of that Member State. 

The  use  of  fishing  opportunities  as  set  out  in  this  Regulation  should  be  subject  to 
Council  Regulation  (EC)  No  1224/2009  of  20  November  2009  establishing  a 
Community  control  system  for  ensuring  compliance  with  the  rules  of  the  Common 
Fisheries  Policy  (3),  and  in  particular  Articles  33  and  34  thereof,  concerning 
respectively the recording of catches and fishing effort and the information on data on 
the  exhaustion  of  fishing  opportunities.  It is therefore necessary to specify the codes 
relating  to  landings  of  stocks  subject  to  this  Regulation  which  are  to  be  used  by  the 
Member States when sending data to the Commission. 

In  accordance  with  Article  2  of  Council  Regulation  (EC)  No  847/96  of  6  May  1996 
introducing  additional  conditions  for  year-to-year  management  of  TACs  and  quotas 
(4),  the  stocks  that  are  subject  to  the  various  measures  referred  to  therein  must  be 
identified. 

In  order  to  avoid  interruption  of  fishing  activities  and  to  ensure  the  livelihoods  of 
Union fishermen, it is important to open the fisheries in question on 1 January 2013. 
For  reasons  of  urgency,  this  Regulation  should  enter  into  force  immediately  after  its 
publication, 

(6) 

(7) 

(8) 

(9) 

HAS ADOPTED THIS REGULATION: 

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 2013. 

2 
3 
4 

OJ L 248, 22.9.2007, p. 1. 
OJ L 343, 22.12.2009, p. 1. 
OJ L 115, 9.5.1996, p. 3. 

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

Article 2 
Scope 

Article 3 
Definitions 

For the purposes of this Regulation the following definitions shall apply: 

(a) the International Council for the Exploration of the Sea (ICES) zones are the geographical 
areas  specified  in  Annex  I  to  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 (5); 

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

(c) ‘Union vessel’ means a fishing vessel flying the flag of a Member State and registered in 

the Union; 

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

year; 

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

country; 

(f)  ‘day  absent  from  port’  means  any  continuous  period  of  24  hours  or  part  thereof  during 

which a vessel is absent from port. 

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 Annex I. 

Article 5 
Special provisions on allocations 

1. 

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 20(5) of Regulation (EC) No 2371/2002; 

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OJ L 349, 31.12.2005, p. 1. 

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(b) 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; 

(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96; 

(e)  deductions  made  pursuant  to  Articles  37,  105,  106  and  107  of  Regulation  (EC) 

No 1224/2009. 

2. 

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

Article 6 
Conditions for landing catches and by-catches 

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

1. 

2. 

3. 

Article 7 
Fishing effort limits 

Fishing effort limits are set out in Annex II. 

The limits referred to in paragraph 1 shall also apply to ICES Subdivisions 27 and 
28.2, unless the Commission has 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. 

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

Chapter III 
Final Provisions 

Article 8 
Data transmission 

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

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Article 9 
Entry into force 

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

It shall apply from 1 January 2013. 

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

Done at Brussels, 

For the Council 
The President 

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ANNEX I 

TACs APPLICABLE TO UNION 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, where appropriate. 

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

Within  each  area,  fish  stocks  are  referred  to  following  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 
Gadus morhua 
Pleuronectes platessa 
Salmo salar 
Sprattus sprattus 

HER 
COD 
PLE 
SAL 
SPR 

Herring 
Cod 
Plaice 
Atlantic salmon 
Sprat 

Species: 

Herring 

Zone: 

Subdivisions 30-31 

Clupea harengus 

HER/3D30.; HER/3D31. 

Finland 

Sweden 

Union 

TAC 

81 248 

17 852 

99 100 

99 100 

Analytical TAC 

Article 3 of Regulation (EC) No 847/96 does not apply. 

Article 4 of Regulation (EC) No 847/96 does not apply. 

Species: 

Herring 

Zone: 

Subdivisions 22-24 

Clupea harengus 

HER/3B23.; HER/3C22.; HER/3D24. 

Denmark 

Germany  

Finland 

Poland 

Sweden 

Union 

3 617 

14 234 

2 

3 357 

4 590 

25 800 

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TAC 

25 800 

Analytical TAC 

Article 3 of Regulation (EC) No 847/96 does not apply. 

Article 4 of Regulation (EC) No 847/96 does not apply. 

Species: 

Herring 

Zone: 

Clupea harengus 

Union waters of Subdivisions 25-27, 28.2, 29 and 
32 

HER/3D25.; HER/3D26.; HER/3D27.; 
HER/3D28.2; HER/3D29.; HER/3D32. 

Denmark 

Germany  

Estonia 

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

Union 

TAC 

1 873 

 497 

9 567 

18 674 

2 361 

2 486 

21 216 

28 481 

85 155 

Not relevant 

Analytical TAC 

Species: 

Herring 

Zone: 

Subdivision 28.1 

Clupea harengus 

HER/03D.RG 

Estonia 

Latvia 

Union 

TAC 

12 764 

14 876 

27 640 

27 640 

Analytical TAC 

Species 

Cod 

Zone: 

Union waters of Subdivisions 25-32  

Gadus morhua 

14 143 

5 626 

1 378 

1 082 

5 259 

Denmark 

Germany  

Estonia  

Finland 

Latvia 

COD/3D25.; COD/3D26.; COD/3D27.; 
COD/3D28.; COD/3D29.; COD/3D30.; 
COD/3D31.; COD/3D32. 

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Lithuania 

Poland 

Sweden 

Union 

TAC 

3 464 

16 285 

14 328 

61 565 

Not relevant 

Analytical TAC 

Species: 

Cod 

Zone: 

Subdivisions 22-24  

Gadus morhua 

COD/3B23.; COD/3C22.; COD/3D24. 

Denmark 

Germany  

Estonia  

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

Union 

TAC 

Species: 

Denmark 

Germany 

Poland 

Sweden 

Union 

TAC 

9 080 

4 439 

 201 

 178 

 751 

 487 

2 429 

3 235 

20 800 

20 800 

Analytical TAC 

Article 3 of Regulation (EC) No 847/96 does not apply. 

Article 4 of Regulation (EC) No 847/96 does not apply. 

Zone: 

Union 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. 

Plaice 

Pleuronectes 
platessa 

2 443 

271 

511 

184 

3 409 

3 409 

Precautionary TAC 

Species: 

Atlantic salmon 

Zone: 

Union waters of Subdivisions 22-31  

Salmo salar 

SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; 

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Denmark 

Germany 

Estonia 

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

Union 

TAC 

SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; 
SAL/3D30.; SAL/3D31. 

22 538  (1) 

2 508  (1) 

2 291  (1) 

28 103  (1) 

14 335  (1) 

1 685  (1) 

6 837  (1)  

30 465  (1) 

108 762  (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. 

__________ 

(1) 

Expressed by number of individual fish. 

Species: 

Atlantic salmon 

Zone: 

Union waters of Subdivision 32 

Estonia  

Finland  

Union 

TAC 

__________ 

SAL/3D32. 

Salmo salar 

1 581  (1) 

13 838  (1)  

15 419  (1) 

Not relevant 

Precautionary TAC 

(1) 

Expressed by number of individual fish. 

Species: 

Sprat 

Zone: 

Union waters of Subdivisions 22-32 

Sprattus sprattus 

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 

Finland 

Latvia 

Lithuania 

Poland 

Sweden 

24 659  (1) 

15 622  (1) 

28 634  (1) 

12 908  (1) 

34 583  (1) 

12 510  (1) 

73 392  (1) 

47 670  (1) 

Union 

249 978 

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TAC 

__________ 

Not relevant 

Analytical TAC 

(1) 
counted against the remaining 8 % of the quota (HER/*3BCDC). 

At least 92 % of landings counted against the quota must be of sprat. By-catches of herring are to be 

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ANNEX II 

FISHING EFFORT LIMITS 

1. 

2. 

3. 

Member  States  shall  allocate  the  right  to  vessels  flying  their  flag  and  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 be up to: 

(a) 163 days absent from port in ICES 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 ICES 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. 

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

By  way  of  derogation  from  points  1  and  2,  and  where  efficient  management  of 
fishing  opportunities  so  requires,  a  Member  State  may  allocate  to  vessels  flying  its 
flag  the  right  to  additional  days  absent  from  port  where  an  equal  amount  of  days 
absent  from  port  is  withdrawn  from  other  vessels  flying  its  flag  that  are  subject  to 
effort restriction in the same area and where the capacity, in terms of kW, of each of 
the donor vessels is equal to, or larger than, that of the receiving vessels. The number 
of  receiving  vessels  may  not  exceed  10 %  of  the  total  number  of  vessels  of  the 
Member State concerned, as indicated in point 1. 

EN 

16 

   EN