Proposal for a COUNCIL REGULATION fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea
Date: 2014-09-03
Institutions: European Commission
Subjects: Baltic Sea, EU Member State, EU waters, authorised catch, catch by species, catch quota, conservation of fish stocks, fishing area, fishing controls, sea fish, sea fishing













EUR-Lex - 52014PC0552 - EN











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52014PC0552

Proposal for a COUNCIL REGULATION fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea /* COM/2014/0552 final - 2014/0254 (NLE) */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
·      Grounds for and objectives of the proposal
In accordance with Regulation (EU) No 1380/2013
of 11 December 2013 on the Common Fisheries Policy, the exploatation of living
marine biological resources shall restore and maintain populations of harvested
species above levels which can produce the maximum sustainable yield. 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 2015. 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 scientific advice on stocks in the
Baltic Sea for 2015 was delivered by the International Council for the
Exploration of the Sea (ICES) in May 2014 and by the Scientific, Technical and
Economic Committee for Fisheries (STECF) in June 2014.
The proposal contains two sections that are
important for management of the Baltic fisheries in 2015 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 1180/2013 of 19 November 2013 fixing for 2014 the
fishing opportunities for certain fish stocks and groups of fish stocks
applicable in the Baltic Sea.
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.
·      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 Advisory Council (BSAC) was
consulted at its Joint Demersal/Pelagic Working Group meeting in June 2014 on
the basis of the assessment of the fish stocks conducted by ICES. The
scientific basis for the proposal was provided by ICES and STECF. 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
scientific advice on catch limitations was also discussed within BALTFISH
forum. 
·      Impact assessment
The total amount of the Baltic fishing
opportunities expressed in tones proposed for 2015 will increase by 12% when
compared to 2014 and will be set at the level of approximatelly 629 thousand
tonnes[1].
When calculated on the stock basis, an increase is observed in TACs of four herring
stocks – on average by 31%, while decreases are observed for western cod stock
– by 48%, sprat – by 17%, and two salmon stocks – by 15% in number of pieces.
Based on average landed fish prices
observed in 2012 among eight Baltic Sea countries[2], the value of fishing
opportunities for herring stocks in 2015 will increase by almost 80 million
euros to a total value of 164 million euros. The biggest decrease is observed
in western cod TAC, i.e. from 32 million euros in 2014 to 14 million euros in
2015. However taking into account the fact that the cod quota in 2013 was utilised
at 60% and presuming that the same catch rate remains in 2014 and 2015, the
reduction in quota value will be less significant. 
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 and maintained at 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 more sustainable fishing activities
and increased landings
3.           LEGAL ELEMENTS OF THE
PROPOSAL
·      Summary of the proposed action
The proposal seeks to establish the catch
limitations applicable to EU fisheries, in order to achieve the objective of
the Common Fisheries Policy which is to ensure that exploatation of living
marine biological resources restores and maintains populations of harvested
species above levels which can produce the maximum sustainable yield.
·      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
16(6) and (7) and Article 17 of Regulation (EU) No 1380/2013, Member States are
free to allocate such opportunities among regions or operators acording to the
criterias set in the mentioned Articles. 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.
4.           BUDGETARY IMPLICATIONS
The proposal has no implications for the EU
budget.
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 2014 Regulation on
the fishing opportunities in the Baltic Sea.
·      Review/revision/sunset clause
The proposal concerns an annual Regulation
for the year 2015 and therefore does not include a revision clause.
·      Detailed explanation
The proposal fixes for 2015 the fishing
opportunities for certain stocks or groups of stocks for Member States fishing
in the Baltic Sea. 
The landing obligation for stocks caught in
certain fisheries starts to become applicable from 1 January 2015. In the Baltic
Sea these fisheries cover stocks under TACs and quotas in this Regulation,
namely: small pelagic fisheries (herring and sprat stocks), salmon fisheries (salmon
stocks), as well as, cod fisheries (cod stocks), where the species define the
fishery. Catches of species that do not define the fisheries but are covered by
TACs, i.e. plaice will be covered by the landing obligation in the Baltic from
1 January 2017. With introduction of the landing obligation, in accordance with Article 16(2) of Regulation (EU) No 1380/2013,
the fishing opportunities proposed shall reflect the change from amount landed
to amount caught. This is done on the basis of the received scientific advice
for the fish stocks in fisheries as refered to in Article 15(1) of Regulation
(EU) No 1380/2013.
The fishing opportunities should also be
fixed in accordance with Articles 16(1) (referring to the principle of relative
stability) and 16(4) (referring to the objectives of the Common Fisheries
Policy and the rules provided for in multiannual plans).
The proposed figures reflect current scientific
advice and consultation with the BSAC. Where relevant, in order to set the EU
quotas for stocks shared with the Russian Federation, the respective quantities
of these stocks were deducted from the TACs adviced by ICES.
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 to the Regulation.
All five pelagic stocks (four stocks of
herring and one sprat stock) and western cod stock in the Baltic Sea are to be
fished at MSY levels in 2015, therefore the TACs proposed correspond to the MSY
fishing mortality. The TACs for Gulf of Finland salmon and plaice corespond to
the approach developed by ICES which is applied to data limited stocks. The TAC
for salmon in the main basin corresponds to the harvest control rule set out in
the Baltic multi-annual plan for the salmon stock (COM(2011) 470 final). The
advice and the TAC for eastern cod stock still to be clarified by ICES[3].
The retrospective analysis of western cod
stock shows that the actual fishing mortality has been higher than the target
indicated in the multi-annual plan for the Baltic cod stocks and it should be
reduced by 10% in accordance with Article 6 of the multiannual plan. However,
ICES does not consider such reduction precautionary and thus provides its
advice reflecting bigger reduction which is based on MSY approach. In
accordance with Article 7 of the multi-annual plan, the Council may adopt the
TAC which is lower than the TAC resulting from applying Article 6. No such
derogation is possible as regards the fishing effort and therefore, according
to Article 8(4), the number of days at sea has to be reduced by 10%.
Due to changes in biology of the eastern
cod stock, ICES did not provide biological reference points for this stock,
i.e. actual fishing mortality. The plan has been developed under the assumption
that the cod growth remains stable which is no longer the case. In recent
years, as recognized by ICES, the growth of the eastern cod stock has been
reduced dramatically and the biological reference points can no longer be
established. Therefore according to ICES, the multi-annual plan for Baltic cod
stocks cannot be used as a basis for an advice for eastern cod stock and
instead ICES advised the TAC based on the data limited approach. This renders Articles
6, 7 and 8 of the multiannual plan impossible to apply for eastern cod stock in
2015, as the rules for setting TACs and effort contained in the plan are based
on these reference points. Therefore, pending a proposal for a new multi-annual
plan for the Baltic and in order to prevent that the eastern cod stock is
over-exploited due to lack of established TACs, it is appropriate to fix the
fishing opportunities based on the approach developed by ICES, in accordance
with Article 5(1) of the plan and 43(3) of the Treaty.
Council Regulation (EC) No 847/96 introduced
additional conditions for year-to-year management of TACs, including
flexibility provisions under Articles 3 and 4 for precautionary and analytical
stocks respectively. Under its Article 2, when fixing the TACs, the Council
shall decide to which stocks Articles 3 and 4 shall not apply, in particular on
the basis of the biological status of the stocks. More recently, the
flexibility mechanism was introduced for all stocks covered by the landing
obligation by Article 15(9) of Regulation (EU) No
1380/2013. Therefore, in order to avoid excessive flexibility that would
undermine the principle of rational and responsible exploatation of living
marine biological resources and hinder the achievement of the objectives of the
Common Fisheries Policy, it should be clarified that Article 3 and 4 of
Regulation (EC) No 847/96 apply only where Member States do not use the
year-to-year flexibility provided for in Article 15(9) of Regulation 1380/2013.

2014/0254 (NLE)
Proposal for a
COUNCIL REGULATION
fixing for 2015 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)       Regulation (EU) No 1380/2013
of the European Parliament and of the Council[4]
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 Advisory
Councils established  for the relevant geographical areas or fields of
competence.
(2)       It is incumbent upon the
Council to adopt measures on the fixing and allocation of fishing opportunities
by fishery or group of fisheries, including , as appropriate,  certain
conditions functionally linked thereto. In accordance with Article 16(1) and
(4) of Regulation (EU) No 1380/2013 fishing opportunities should be distributed
among Member States in such a way as to ensure relative stability of each
Member State's fishing activities for each stock or fishery and in accordance
the objectives of the Common Fisheries Policy established in Article 2(2) of
that.
(3)       The total allowable
catches (TACs) should therefore be established, in line with Regulation (EU) No
1380/2913 and taking into account the principles mentioned in recital 1.
(4)       For small pelagic (herring
and sprat), cod and salmon  fisheries in the Baltic Sea the landing obligation
referred to in Article 15(1) of Regulation (EU) No 1380/2013  applies from 1
January 2015. Article 16(2) of that Regulation provides that, when the landing
obligation is introduced in respect of a fish stock, fishing opportunities are
to be fixed taking into account the change from fixing fishing opportunities
that reflect landings to fixing fishing opportunities that reflect catches.
(5)       In addition, for stocks
subject to specific multiannual plans, in accordance with Article 16(4) of
Regulation (EU) No 1380/2013, the fishing opportunities should be established
in accordance with the rules laid down in those plans. Consequently, catch
limits and fishing effort limits for cod stock in subdivisions 22-24 should be
established in accordance with the Baltic Sea Cod Plan established by Council
Regulation (EC) No 1098/2007 [5].
(6)       Recent scientific advice shows
that the International Council for the Exploration of the Sea (ICES) could not
establish the biological reference points for cod stock in subdivisions 25-32
and instead it advised that the TAC for this cod stock
be based on the data limited approach. The absence of
biological reference points makes it impossible to follow the rules for setting
the fishing opportunities and effort levels for cod stock in subdivision 25-32.
As not fixing fishing opportunities could constitute a serious threat to the
sustainibility of that stock, it is appropriate to fix the TACs for this cod stock
at a level corresponding to the approach developed and advised by ICES.
(7)       In the light of the
scientific advice, flexibility in the management of the fishing effort for cod
stock in subdivisions 22-24 in the Baltic Sea can be introduced without
jeopardising the objectives of the Baltic Sea Cod Plan and without causing 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 its flag.
(8)       The use of fishing
opportunities as set out in this Regulation is subject to Council Regulation
(EC) No 1224/2009 [6],
and in particular Articles 33 and 34 thereof, concerning 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.
(9)       Council
Regulation (EC) No 847/96 introduced additional conditions for year-to-year
management of TACs, including flexibility provisions under Articles 3 and 4 for
precautionary and analytical stocks respectively. Under its Article 2, when
fixing the TACs, the Council shall decide to which stocks Articles 3 and 4
shall not apply, in particular on the basis of the biological status of the
stocks. More recently, the flexibility mechanism was introduced for all stocks
covered by the landing obligation by Article 15(9) of Regulation
(EU) No 1380/2013. Therefore, in order to avoid excessive flexibility that
would undermine the principle of rational and responsible exploatation of
living marine biological resources, hinder the achievement of the objectives of
the Common Fisheries Policy and deteriorate the biological status of the stocks,
it should be established that Articles 3 and 4 of Regulation (EC) No 847/96 shall
apply to analytical TACs only where Member States do not use the year-to-year
flexibility provided for in Article 15(9) of Regulation 1380/2013.
(10)     In order to avoid
interruption of fishing activities and to ensure the livelihoods of Union
fishermen, it is important to open the fisheries covered by this Regulation as
from 1 January 2015. For reasons of urgency, this Regulation should enter into
force immediately after its publication,
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 2015.
Article 2
Scope
This Regulation shall apply to Union fishing
vessels operating in the Baltic Sea.
Article 3
Definitions
For the purposes of this Regulation the
following definitions shall apply:
(1)        'ICES' means
International Council for the Exploration of the Sea;
(2)          'Baltic
Sea' means ICES zones IIIb, IIIc and IIId;
(3)          'subdivision' means an ICES subdivision
of the Baltic sea as defined in Annex I to Council Regulation (EC) No 2187/2005
[7];
(4)          'fishing vessel' means any vessel
equipped for commercial exploitation of marine biological resources;
(5)          'Union fishing vessel' means a
fishing vessel flying the flag of a Member State and registered in the Union;
(6)          'fishing effort' means the
product of the capacity and the activity of a fishing vessel; for a group of
fishing vessels it is the sum of the fishing effort of all vessels in the
group;
(7)          'stock'
means a marine biological resource that occurs in a given management area;
(8)          'total allowable catch' (TAC)
means the quantity of each stock that can be:
(i)      caught over the period of a year, in
the case of fisheries subject to a landing obligation pursuant to Article 15 of
Regulation (EU) No 1380/2013; or 
(ii)     landed over the period of a year, in
the case of fisheries not subject to a landing obligation pursuant to Article
15 of Regulation (EU) No 1380/2013.
(9)          'quota' means a proportion of the
TAC allocated to the Union, a Member State or a third country.
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
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 1380/2013;
(d) quantities withheld in accordance with
Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of
Regulation 1380/2013; 
(e) deductions made pursuant to Articles 105,
106 and 107 of Regulation (EC) No 1224/2009.
Article 6
Conditions for landing
catches and by-catches not subject to the landing obligation
Catches and by-catches of plaice shall be
retained on board or landed only if they have been taken by Union fishing vessels
flying the flag of a Member State having a quota and that quota is not
exhausted.
Article 7
Fishing effort limits
Fishing effort limits are set out in Annex
II.
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 quantities of stocks caught or landed, they shall use the stock codes set
out in Annex I to this Regulation.
Article 9
Flexibility
1. Except where otherwise specified in
Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply
to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4
of that Regulation shall apply to stocks subject to analytical TAC.
2. However, those Articles shall not apply
where the Member State uses the year-to-year
flexibility provided for in Article 15(9) of Regulation 1380/2013.
Article 10
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 2015.
This Regulation shall be binding
in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               Excluding eastern cod stock and including the
converted weight of salmon stocks (1 piece is on average 4.5 kg)
[2]               EUMOFA, yearly data, retrieved from http://ec.europa.eu/fisheries/market-observatory/home
on 22/05/2014
[3]               STECF, Review of scientific
advice for 2015 – part1. Advice on stocks in the Baltic Sea  (STECF-14-10),
page 12
[4]               Regulation (EU) No 1380/2013 of the European
Parliament and of the Council of 11 December 2013 on the Common Fisheries
Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009
and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and
Council Decision 2004/585/EC (OJ L 354, 28/12/2013, p. 22–61) 
[5]               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 (OJ L 248, 22/09/2007, p. 1–10)
[6]               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 (OJ L 343, 22.12.2009, p. 1.)
[7]               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 (OJ L 349, 31.12.2005, p. 1.)
ANNEXES
to the 
Proposal for a COUNCIL REGULATION
fixing for 2015 the fishing
opportunities for certain fish stocks and groups of fish stocks applicable in
the Baltic Sea
ANNEX I
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 ||   || Zone: || Subdivisions 30-31 ||   ||   
   || Clupea harengus ||   || HER/3D30.; HER/3D31. 
 Finland || 152 932 ||   ||   
 Sweden || 33 602 ||   ||   
   ||   ||   ||   
 Union || 186 534 ||   ||   
   ||   ||   ||   
 TAC || 186 534 ||   || Analytical TAC 
 Species: || Herring ||   || Zone: || Subdivisions 22-24 
   || Clupea harengus ||   || HER/3B23.; HER/3C22.; HER/3D24. ||   
 Denmark || 3 115 ||   ||   
 Germany || 12 259 ||   
 Finland || 2 ||   ||   
 Poland || 2 891 ||   
 Sweden || 3 953 ||   ||   
   ||   ||   
 Union || 22 220 ||   ||   
   ||   ||   
 TAC || 22 220 ||   || 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. 
   ||   ||   ||   
 Species: || Herring ||   || Zone: || Union waters of Subdivisions 25-27, 28.2, 29 and 32 
   || Clupea harengus ||   || HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.2; HER/3D29.; HER/3D32. 
 Denmark || 3 744 ||   ||   
 Germany || 993 ||   ||   
 Estonia || 19 120 ||   ||   
 Finland || 37 321 ||   ||   
 Latvia || 4 718 ||   ||   
 Lithuania || 4 968 ||   ||   
 Poland || 42 400 ||   ||   
 Sweden || 56 921 ||   ||   
   ||   ||   ||   
 Union || 170 185 ||   ||   
   ||   ||   ||   
 TAC || Not relevant || Analytical TAC 
 Species: || Herring ||   || Zone: || Subdivision 28.1 
   || Clupea harengus ||   || HER/03D.RG ||   ||   ||   
 Estonia || 17 908 ||   ||   
 Latvia || 20 872 ||   ||   
   ||   ||   ||   
 Union || 38 780 ||   ||   
   ||   ||   ||   
 TAC || 38 780 ||   || Analytical TAC 
   ||   ||   ||   
 Species || Cod || Zone: || Union waters of Subdivisions 25-32 
   || Gadus morhua ||   || COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32. 
 Denmark || pm ||   ||   
 Germany || pm ||   ||   
 Estonia || pm ||   ||   
 Finland || pm ||   ||   
 Latvia || pm ||   ||   
 Lithuania || pm ||   ||   
 Poland || pm ||   ||   
 Sweden || pm ||   ||   
   ||   ||   ||   
 Union || pm ||   ||   
   ||   ||   ||   
 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. 
   ||   ||   ||   
 Species: || Cod ||   || Zone: || Subdivisions 22-24 ||   
   || Gadus morhua ||   || COD/3B23.; COD/3C22.; COD/3D24. 
 Denmark || 3 838 ||   ||   
 Germany || 1 877 ||   ||   
 Estonia || 85 ||   ||   
 Finland || 75 ||   ||   
 Latvia || 318 ||   ||   
 Lithuania || 206 ||   ||   
 Poland || 1 027 ||   ||   
 Sweden || 1 367 ||   ||   
   ||   ||   ||   
 Union || 8 793 ||   ||   
   ||   ||   ||   
 TAC || 8 793 ||   || 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. 
   ||   ||   ||   
 Species: || Plaice ||   || Zone: || Union waters of Subdivisions 22-32 ||   
   || Pleuronectes platessa ||   || PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32. 
 Denmark || 2 327 ||   ||   
 Germany || 259 ||   ||   
 Poland || 487 ||   ||   
 Sweden || 176 ||   ||   
   ||   ||   ||   
 Union || 3 249 ||   ||   
   ||   ||   ||   
 TAC || 3 249 ||   || Precautionary TAC 
 Species: || Atlantic salmon || Zone: || Union waters of Subdivisions 22-31 
   || Salmo salar ||   || SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31. 
 Denmark || 20 290 || (1) ||   
 Germany || 2 257 || (1) ||   
 Estonia || 2 062 || (1) ||   
 Finland || 25 300 || (1) ||   
 Latvia || 12 905 || (1) ||   
 Lithuania || 1 517 || (1) ||   
 Poland || 6 155 || (1) ||   
 Sweden || 27 425 || (1) ||   
   ||   ||   ||   
 Union || 97 911 || (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 || Zone: || Union waters of Subdivision 32 
   || Salmo salar ||   || SAL/3D32. ||   ||   ||   
 Estonia || 1 029 || (1) ||   
 Finland || 9 005 || (1) ||   
   ||   ||   ||   
 Union || 10 034 || (1) ||   
   ||   ||   ||   
 TAC || 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 || 19 691 ||   ||   
 Germany || 12 475 ||   ||   
 Estonia || 22 866 ||   ||   
 Finland || 10 308 ||   ||   
 Latvia || 27 617 ||   ||   
 Lithuania || 9 990 ||   ||   
 Poland || 58 608 ||   ||   
 Sweden || 38 067 ||   ||   
   ||   ||   ||   
 Union || 199 622 ||   ||   
   ||   ||   ||   
 TAC || Not relevant ||   || Analytical TAC 
ANNEX II
FISHING EFFORT LIMITS
1.           Member States shall
allocate the right to be up to 132 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, to Union fishing vessels flying their
flag and fishing with:
(a)     trawls, Danish seines or similar gear
of a mesh size equal to or larger than 90 mm;
(b)     gillnets, entangling nets or trammel
nets of a mesh size equal to or larger than 90 mm; 
(c)     bottom set lines, longlines except
drifting lines, handlines and jigging equipment. 
2.           By way of derogation from
point 1, and where efficient management of fishing opportunities so requires, a
Member State may allocate to Union fishing  vessels flying its flag the right
to additional days absent from port where:
(a)     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 
(b)     the capacity, in terms of kW, of each
of the donor vessels is equal to, or larger than, that of the receiving
vessels. 
3.           The number of vessels receiving
rights pursuant to point 2 may not exceed 15% of the total number of vessels of
the Member State concerned, as indicated in point 1.