CELEX: 32012R1088
Language: en
Date: 2012-11-20 00:00:00
Title: Council Regulation (EU) No 1088/2012 of 20 November 2012 fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea

22.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 323/2
            
         COUNCIL REGULATION (EU) No 1088/2012
   of 20 November 2012
   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)
            
            
               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.
            
         
               (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 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.
            
         
               (3)
            
            
               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.
            
         
               (4)
            
            
               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 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’).
            
         
               (5)
            
            
               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 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 the flag of that Member State.
            
         
               (6)
            
            
               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 provisions 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.
            
         
               (7)
            
            
               In accordance with 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.
            
         
               (8)
            
            
               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 as from 1 January 2013. 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 2013.
   Article 2
   Scope
   This Regulation shall apply to Union vessels operating in the Baltic Sea.
   Article 3
   Definitions
   For the purposes of this Regulation the following definitions shall apply:
   
               (a)
            
            
               ‘International Council for the Exploration of the Sea (ICES) zones’ means 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;
            
         
               (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 shall apply 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.
   Article 7
   Fishing effort limits
   1.   Fishing effort limits are set out in Annex II.
   2.   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), Article 8(3), (4) and (5), and Article 13 of that Regulation.
   3.   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), and Article 8(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.
   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, 20 November 2012.
      
         
            For the Council
         
         
            The President
         
         A. D. MAVROYIANNIS
      
   
   
      (1)  OJ L 358, 31.12.2002, p. 59.
   
      (2)  OJ L 248, 22.9.2007, p. 1.
   
      (3)  OJ L 343, 22.12.2009, p. 1.
   
      (4)  OJ L 115, 9.5.1996, p. 3.
   
      (5)  OJ L 349, 31.12.2005, p. 1.
   
      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
                  
               
               
                  HER
               
               
                  Herring
               
            
                  
                     Gadus morhua
                  
               
               
                  COD
               
               
                  Cod
               
            
                  
                     Pleuronectes platessa
                  
               
               
                  PLE
               
               
                  Plaice
               
            
                  
                     Salmo salar
                  
               
               
                  SAL
               
               
                  Atlantic salmon
               
            
                  
                     Sprattus sprattus
                  
               
               
                  SPR
               
               
                  Sprat
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Herring
                              
                                 Clupea harengus
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Subdivisions 30-31
                              HER/3D30.; HER/3D31.
                           
                        
            
                  Finland
               
               
                  86 905
               
               
                  Analytical TAC
               
            
                  Sweden
               
               
                  19 095
               
            
                  Union
               
               
                  106 000
               
            
                  TAC
               
               
                  106 000
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Herring
                              
                                 Clupea harengus
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Subdivisions 22-24
                              HER/3B23.; HER/3C22.; HER/3D24.
                           
                        
            
                  Denmark
               
               
                  3 617
               
               
                  Analytical TAC
                  Article 3 of Regulation (EC) No 847/96 does not apply.
                  Article 4 of Regulation (EC) No 847/96 does not apply.
               
            
                  Germany
               
               
                  14 234
               
            
                  Finland
               
               
                  2
               
            
                  Poland
               
               
                  3 357
               
            
                  Sweden
               
               
                  4 590
               
            
                  Union
               
               
                  25 800
               
            
                  TAC
               
               
                  25 800
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Herring
                              
                                 Clupea harengus
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              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
               
               
                  1 984
               
               
                  Analytical TAC
               
            
                  Germany
               
               
                  526
               
            
                  Estonia
               
               
                  10 131
               
            
                  Finland
               
               
                  19 776
               
            
                  Latvia
               
               
                  2 500
               
            
                  Lithuania
               
               
                  2 633
               
            
                  Poland
               
               
                  22 468
               
            
                  Sweden
               
               
                  30 162
               
            
                  Union
               
               
                  90 180
               
            
                  TAC
               
               
                  Not relevant
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Herring
                              
                                 Clupea harengus
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Subdivision 28.1
                              HER/03D.RG
                           
                        
            
                  Estonia
               
               
                  14 120
               
               
                  Analytical TAC
               
            
                  Latvia
               
               
                  16 456
               
            
                  Union
               
               
                  30 576
               
            
                  TAC
               
               
                  30 576
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Cod
                              
                                 Gadus morhua
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Union waters of Subdivisions 25-32
                              COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
                           
                        
            
                  Denmark
               
               
                  14 143
               
               
                  Analytical TAC
               
            
                  Germany
               
               
                  5 626
               
            
                  Estonia
               
               
                  1 378
               
            
                  Finland
               
               
                  1 082
               
            
                  Latvia
               
               
                  5 259
               
            
                  Lithuania
               
               
                  3 464
               
            
                  Poland
               
               
                  16 285
               
            
                  Sweden
               
               
                  14 328
               
            
                  Union
               
               
                  61 565
               
            
                  TAC
               
               
                  Not relevant
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Cod
                              
                                 Gadus morhua
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Subdivisions 22-24
                              COD/3B23.; COD/3C22.; COD/3D24.
                           
                        
            
                  Denmark
               
               
                  8 749
               
               
                  Analytical TAC
                  Article 3 of Regulation (EC) No 847/96 does not apply.
                  Article 4 of Regulation (EC) No 847/96 does not apply.
               
            
                  Germany
               
               
                  4 277
               
            
                  Estonia
               
               
                  194
               
            
                  Finland
               
               
                  172
               
            
                  Latvia
               
               
                  724
               
            
                  Lithuania
               
               
                  469
               
            
                  Poland
               
               
                  2 341
               
            
                  Sweden
               
               
                  3 117
               
            
                  Union
               
               
                  20 043
               
            
                  TAC
               
               
                  20 043
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Plaice
                              
                                 Pleuronectes platessa
                              
                           
                        
               
                  
                              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.
                           
                        
            
                  Denmark
               
               
                  2 443
               
               
                  Precautionary TAC
               
            
                  Germany
               
               
                  271
               
            
                  Poland
               
               
                  511
               
            
                  Sweden
               
               
                  184
               
            
                  Union
               
               
                  3 409
               
            
                  TAC
               
               
                  3 409
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Atlantic salmon
                              
                                 Salmo salar
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Union 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
               
               
                  22 538 (1)
                  
               
               
                  Analytical TAC
                  Article 3 of Regulation (EC) No 847/96 does not apply.
                  Article 4 of Regulation (EC) No 847/96 does not apply.
               
            
                  Germany
               
               
                  2 508 (1)
                  
               
            
                  Estonia
               
               
                  2 291 (1)
                  
               
            
                  Finland
               
               
                  28 103 (1)
                  
               
            
                  Latvia
               
               
                  14 335 (1)
                  
               
            
                  Lithuania
               
               
                  1 685 (1)
                  
               
            
                  Poland
               
               
                  6 837 (1)
                  
               
            
                  Sweden
               
               
                  30 465 (1)
                  
               
            
                  Union
               
               
                  108 762 (1)
                  
               
            
                  TAC
               
               
                  Not relevant
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Atlantic salmon
                              
                                 Salmo salar
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Union waters of Subdivision 32
                              SAL/3D32.
                           
                        
            
                  Estonia
               
               
                  1 581 (2)
                  
               
               
                  Precautionary TAC
               
            
                  Finland
               
               
                  13 838 (2)
                  
               
            
                  Union
               
               
                  15 419 (2)
                  
               
            
                  TAC
               
               
                  Not relevant
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Sprat
                              
                                 Sprattus sprattus
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Union 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
               
               
                  24 659 (3)
                  
               
               
                  Analytical TAC
               
            
                  Germany
               
               
                  15 622 (3)
                  
               
            
                  Estonia
               
               
                  28 634 (3)
                  
               
            
                  Finland
               
               
                  12 908 (3)
                  
               
            
                  Latvia
               
               
                  34 583 (3)
                  
               
            
                  Lithuania
               
               
                  12 510 (3)
                  
               
            
                  Poland
               
               
                  73 392 (3)
                  
               
            
                  Sweden
               
               
                  47 670 (3)
                  
               
            
                  Union
               
               
                  249 978
               
            
                  TAC
               
               
                  Not relevant
               
            
         (1)  Expressed by number of individual fish.
      
         (2)  Expressed by number of individual fish.
      
         (3)  At least 92 % of landings counted against the quota must be of sprat. By-catches of herring are to be counted against the remaining 8 % of the quota (HER/*3BCDC).
   
   
      ANNEX II
      
         FISHING EFFORT LIMITS
      
      
                  1.
               
               
                  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.
                           
                        
            
                  2.
               
               
                  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.
               
            
                  3.
               
               
                  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 15 % of the total number of vessels of the Member State concerned, as indicated in point 1.