CELEX: 32009R1226
Language: en
Date: 2009-11-20 00:00:00
Title: Council Regulation (EC) No 1226/2009 of 20 November 2009 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2010

16.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 330/1
            
         
      COUNCIL REGULATION (EC) No 1226/2009
   of 20 November 2009
   fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2010
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to 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), and in particular Article 20 thereof,
   Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (2), and in particular Article 2 thereof,
   Having regard to Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks (3), and in particular Articles 5 and 8(3) thereof,
   Having regard to the proposal from the Commission,
   Whereas:
   
               (1)
            
            
               Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries, as well as in the light of any advice received from the Baltic Sea Regional Advisory Council.
            
         
               (2)
            
            
               Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunity limits by fishery or group of fisheries and the allocation of these opportunities to Member States.
            
         
               (3)
            
            
               In order to ensure effective management of fishing opportunities, the specific conditions under which fishing operations are carried out should be established.
            
         
               (4)
            
            
               The principles and certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag.
            
         
               (5)
            
            
               Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the allocation of fishing opportunities.
            
         
               (6)
            
            
               In accordance with Article 2 of Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified.
            
         
               (7)
            
            
               Fishing opportunities should be used in accordance with Community legislation, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish (4), Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (5), Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (6), Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the North-East Atlantic (7), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (8), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (9), 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 (10), Regulation (EC) No 1098/2007 and Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing (11).
            
         
               (8)
            
            
               To ensure that annual fishing opportunities are set at a level commensurate with the sustainable exploitation of resources in environmental, economic and social terms, account has been taken of the guiding principles for fixing total allowable catches (TACs) as described in the Communication from the Commission on the Consultation on fishing opportunities for 2010.
            
         
               (9)
            
            
               In order to reduce discards, it is appropriate to establish a high-grading ban for any species subject to quota, implying a prohibition on discarding species subject to quota that can legally be caught and landed under Community fisheries legislation.
            
         
               (10)
            
            
               To help conserve fish stocks, certain supplementary measures on technical conditions of fishing should be implemented in 2010.
            
         
               (11)
            
            
               To ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2010. Given the urgency of the matter, it is necessary to grant an exception to the 6-week period referred to in point I.3 of the Protocol on the role of national Parliaments in the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities,
            
         HAS ADOPTED THIS REGULATION:
   CHAPTER I
   
      SCOPE AND DEFINITIONS
   
   Article 1
   Subject matter
   This Regulation fixes fishing opportunities for 2010 for certain fish stocks and groups of fish stocks in the Baltic Sea and the associated conditions under which such fishing opportunities may be used.
   Article 2
   Scope
   This Regulation shall apply to Community fishing vessels (Community vessels) operating in the Baltic Sea.
   Article 3
   Definitions
   In addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, 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 Regulation (EC) No 2187/2005;
            
         
               (b)
            
            
               ‘Baltic Sea’ means ICES Subdivisions 22-32;
            
         
               (c)
            
            
               ‘total allowable catch’ (TAC) means the quantity that can be taken from each stock each year;
            
         
               (d)
            
            
               ‘quota’ means a proportion of the TAC allocated to the Community, a Member State or a third country;
            
         
               (e)
            
            
               ‘day absent from port’ means any continuous period of 24 hours or part thereof during which the vessel is absent from port.
            
         CHAPTER II
   
      FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS
   
   Article 4
   Catch limits and allocations
   The catch limits, the allocation of such limits among Member States, and associated conditions set out in accordance with Article 2 of Regulation (EC) No 847/96 are set out in Annex I to this Regulation.
   Article 5
   Special provisions on allocations
   1.   The allocation of catch limits among Member States as set out in Annex I shall be without prejudice to:
   
               (a)
            
            
               exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
            
         
               (b)
            
            
               reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;
            
         
               (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 Article 23(4) of Regulation (EC) No 2371/2002 and Article 2 of Regulation (EC) No 338/2008.
            
         2.   For the purpose of withholding quotas to be transferred to 2011, Article 4(2) of Regulation (EC) No 847/96 may apply, by way of derogation from that Regulation, to all stocks subject to analytical TAC.
   Article 6
   Conditions for catches and by-catches
   1.   Fish from stocks for which catch limits are fixed shall only be retained on board or landed if:
   
               (a)
            
            
               the catches have been taken by vessels of a Member State with a quota and that quota has not been exhausted; or
            
         
               (b)
            
            
               species other than herring and sprat are mixed with other species, and are not sorted either on board or on landing and the catches have been taken with trawls, Danish seines or similar gears of a mesh size less than 32 mm.
            
         2.   All landings shall count against the quota or, if the Community share has not been allocated among Member States by quotas, against the Community share, except for catches made under paragraph 1(b).
   3.   Where the quota for herring allocated to a Member State is exhausted, vessels flying the flag of that Member State, registered in the Community, and operating in the fisheries to which the relevant quota applies shall not land catches that are unsorted and that contain herring.
   4.   Where the quota for sprat allocated to a Member State is exhausted, vessels flying the flag of that Member State, registered in the Community, and operating in the fisheries to which the relevant quota applies shall not land catches that are unsorted and that contain sprat.
   Article 7
   Prohibition of highgrading
   Any species subject to quota which is caught during fishing operations shall be brought aboard the vessel and subsequently landed unless this would be contrary to obligations laid down in Community fisheries legislation establishing technical, control, and conservation measures, and in particular in this Regulation and in Regulation (EC) No 2187/2005, Regulation (EEC) No 2847/93, and Regulation (EC) No 2371/2002.
   Article 8
   Fishing effort limits
   1.   Fishing effort limits are set out in Annex II.
   2.   The limits referred to in paragraph 1 shall apply to ICES Subdivisions 27, and 28,2 in so far as the Commission has not taken a decision in accordance with Article 29(2) of Regulation (EC) No 1098/2007 to exclude those Subdivisions from the restrictions provided for in Article 8(1)(b), (3), (4) and (5) and Article 13 of that Regulation.
   3.   The limits referred to in paragraph 1 shall not apply to ICES Subdivision 28,1 in so far as the Commission has not 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.
   Article 9
   Transitional technical measures
   Transitional technical measures are set out in Annex III.
   CHAPTER III
   
      FINAL PROVISIONS
   
   Article 10
   Data transmission
   When Member States send data to the Commission relating to landings of quantities of stocks caught, pursuant to Article 15(1) of Regulation (EEC) No 2847/93, they shall use the stock codes set out in Annex I to this Regulation.
   Article 11
   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 2010.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 November 2009.
      
         
            For the Council
         
         
            The President
         
         E. ERLANDSSON
         
      
   
   
      (1)  OJ L 358, 31.12.2002, p. 59.
   
      (2)  OJ L 115, 9.5.1996, p. 3.
   
      (3)  OJ L 248, 22.9.2007, p. 1.
   
      (4)  OJ L 276, 10.10.1983, p. 1.
   
      (5)  OJ L 274, 25.9.1986, p. 1.
   
      (6)  OJ L 132, 21.5.1987, p. 9.
   
      (7)  OJ L 365, 31.12.1991, p. 1.
   
      (8)  OJ L 261, 20.10.1993, p. 1.
   
      (9)  OJ L 333, 20.12.2003, p. 17.
   
      (10)  OJ L 16, 20.1.2005, p. 184.
   
      (11)  OJ L 286, 29.10.2008, p. 1.
   
      ANNEX I
      
         CATCH LIMITS AND ASSOCIATED CONDITIONS FOR YEAR-TO-YEAR MANAGEMENT OF CATCH LIMITS APPLICABLE TO COMMUNITY VESSELS IN AREAS WHERE CATCH LIMITS EXIST BY SPECIES AND BY AREA
      
      The following tables set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, the allocation to the Member States and associated conditions for year-to-year management of the quotas.
      Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. For the purposes of these tables the codes used for the different species are as follows:
      
                  Scientific name
               
               
                  Alpha-3 code
               
               
                  Common name
               
            
                  
                     Clupea harengus
                  
               
               
                  HER
               
               
                  Herring
               
            
                  
                     Gadus morhua
                  
               
               
                  COD
               
               
                  Cod
               
            
                  
                     Platichthys flesus
                  
               
               
                  FLX
               
               
                  Flounder
               
            
                  
                     Pleuronectes platessa
                  
               
               
                  PLE
               
               
                  Plaice
               
            
                  
                     Psetta maxima
                  
               
               
                  TUR
               
               
                  Turbot
               
            
                  
                     Salmo salar
                  
               
               
                  SAL
               
               
                  Atlantic salmon
               
            
                  
                     Sprattus sprattus
                  
               
               
                  SPR
               
               
                  Sprat
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Herring
                              
                                 Clupea harengus
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Subdivisions 30-31
                              HER/3D30.; HER/3D31.
                           
                        
            
                  Finland
               
               
                  84 721
               
               
                  
                     Analytical TAC.
                  
                  
                     Article 3 of Regulation (EC) No 847/96 applies.
                  
                  
                     Article 4 of Regulation (EC) No 847/96 applies.
                  
                  
                     Article 5(2) of Regulation (EC) No 847/96 applies.
                  
               
            
                  Sweden
               
               
                  18 615
               
            
                  EC
               
               
                  103 336
               
            
                  TAC
               
               
                  103 336
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Herring
                              
                                 Clupea harengus
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Subdivisions 22-24
                              HER/3B23.; HER/3C22.; HER/3D24.
                           
                        
            
                  Denmark
               
               
                  3 181
               
               
                  
                     Analytical TAC.
                  
                  
                     Article 3 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 4 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 5(2) of Regulation (EC) No 847/96 applies.
                  
               
            
                  Germany
               
               
                  12 519
               
            
                  Finland
               
               
                  2
               
            
                  Poland
               
               
                  2 953
               
            
                  Schweden
               
               
                  4 037
               
            
                  EC
               
               
                  22 692
               
            
                  TAC
               
               
                  22 692
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Herring
                              
                                 Clupea harengus
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Subdivisions 25-27, 28.2, 29 and 32
                              HER/3B23.; HER/3C22.; HER/3D24.HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32.
                           
                        
            
                  Denmark
               
               
                  2 780
               
               
                  
                     Analytical TAC.
                  
                  
                     Article 3 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 4 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 5(2) of Regulation (EC) No 847/96 applies.
                  
               
            
                  Germany
               
               
                  737
               
            
                  Estonia
               
               
                  14 198
               
            
                  Finland
               
               
                  27 714
               
            
                  Latvia
               
               
                  3 504
               
            
                  Lithuania
               
               
                  3 689
               
            
                  Poland
               
               
                  31 486
               
            
                  Sweden
               
               
                  42 268
               
            
                  EC
               
               
                  126 376
               
            
                  TAC
               
               
                  Not relevant
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Herring
                              
                                 Clupea harengus
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              Subdivision 28,1
                              HER/03D.RG
                           
                        
            
                  Estonia
               
               
                  16 809
               
               
                  
                     Analytical TAC.
                  
                  
                     Article 3 of Regulation (EC) No 847/96 applies.
                  
                  
                     Article 4 of Regulation (EC) No 847/96 applies.
                  
                  
                     Article 5(2) of Regulation (EC) No 847/96 applies.
                  
               
            
                  Latvia
               
               
                  19 591
               
            
                  EC
               
               
                  36 400
               
            
                  TAC
               
               
                  36 400
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Cod
                              
                                 Gadus morhua
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              EC waters of Subdivisions 25-32
                              COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
                           
                        
            
                  Denmark
               
               
                  11 777
               
               
                  
                     Analytical TAC.
                  
                  
                     Article 3 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 4 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 5(2) of Regulation (EC) No 847/96 applies.
                  
               
            
                  Germany
               
               
                  4 685
               
            
                  Estonia
               
               
                  1 148
               
            
                  Finland
               
               
                  901
               
            
                  Latvia
               
               
                  4 379
               
            
                  Lithuania
               
               
                  2 885
               
            
                  Poland
               
               
                  13 561
               
            
                  Sweden
               
               
                  11 932
               
            
                  EC
               
               
                  51 267
               
            
                  TAC
               
               
                  Not relevant
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Cod
                              
                                 Gadus morhua
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              EC waters of Subdivisions 22 –24
                              COD/3B23.; COD/3C22.; COD/3D24.
                           
                        
            
                  Denmark
               
               
                  7 726
               
               
                  
                     Analytical TAC.
                  
                  
                     Article 3 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 4 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 5(2) of Regulation (EC) No 847/96 applies.
                  
               
            
                  Germany
               
               
                  3 777
               
            
                  Estonia
               
               
                  171
               
            
                  Finland
               
               
                  152
               
            
                  Latvia
               
               
                  639
               
            
                  Lithuania
               
               
                  415
               
            
                  Poland
               
               
                  2 067
               
            
                  Sweden
               
               
                  2 753
               
            
                  EC
               
               
                  17 700
               
            
                  TAC
               
               
                  17 700
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Plaice
                              
                                 Pleuronectes platessa
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              EC waters of Subdivisions 22-32
                              PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32.
                           
                        
            
                  Denmark
               
               
                  2 179
               
               
                  
                     Precautionary TAC.
                  
                  
                     Article 3 of Regulation (EC) No 847/96 applies.
                  
                  
                     Article 4 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 5(2) of Regulation (EC) No 847/96 applies.
                  
               
            
                  Germany
               
               
                  242
               
            
                  Poland
               
               
                  456
               
            
                  Sweden
               
               
                  164
               
            
                  EC
               
               
                  3 041
               
            
                  TAC
               
               
                  3 041
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Atlantic salmon
                              
                                 Salmo salar
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              EC waters of Subdivisions 22-31
                              SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31.
                           
                        
            
                  Denmark
               
               
                  60 975 (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.
                  
                  
                     Article 5(2) of Regulation (EC) No 847/96 applies.
                  
               
            
                  Germany
               
               
                  6 784 (1)
                  
               
            
                  Estonia
               
               
                  6 197 (1)
                  
               
            
                  Finland
               
               
                  76 031 (1)
                  
               
            
                  Latvia
               
               
                  38 783 (1)
                  
               
            
                  Lithuania
               
               
                  5 594 (1)
                  
               
            
                  Poland
               
               
                  18 497 (1)
                  
               
            
                  Sweden
               
               
                  82 420 (1)
                  
               
            
                  EC
               
               
                  294 246 (1)
                  
               
            
                  TAC
               
               
                  Not relevant
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Atlantic salmon
                              
                                 Salmo salar
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              EC waters of Subdivision 32
                              SAL/3D32.
                           
                        
            
                  Estonia
               
               
                  1 581 (2)
                  
               
               
                  
                     Analytical TAC.
                  
                  
                     Article 3 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 4 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 5(2) of Regulation (EC) No 847/96 applies.
                  
               
            
                  Finland
               
               
                  13 838 (2)
                  
               
            
                  EC
               
               
                  15 419 (2)
                  
               
            
                  TAC
               
               
                  Not relevant
               
            
         
      
                  
                              Species
                           
                           
                              :
                           
                           
                              Sprat
                              
                                 Sprattus sprattus
                              
                           
                        
               
                  
                              Zone
                           
                           
                              :
                           
                           
                              EC waters of Subdivisions 22-32
                              SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.; SPR/3D32.
                           
                        
            
                  Denmark
               
               
                  37 480
               
               
                  
                     Analytical TAC.
                  
                  
                     Article 3 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 4 of Regulation (EC) No 847/96 does not apply.
                  
                  
                     Article 5(2) of Regulation (EC) No 847/96 applies.
                  
               
            
                  Germany
               
               
                  23 745
               
            
                  Estonia
               
               
                  43 522
               
            
                  Finland
               
               
                  19 620
               
            
                  Latvia
               
               
                  52 565
               
            
                  Lithuania
               
               
                  19 015
               
            
                  Poland
               
               
                  111 552
               
            
                  Sweden
               
               
                  72 456
               
            
                  EC
               
               
                  379 955
               
            
                  TAC
               
               
                  Not relevant
               
            
         (1)  Expressed by number of individual fish.
      
         (2)  Expressed by number of individual fish.
   
   
      ANNEX II
      Fishing effort limits
      
                  1.
               
               
                  For vessels flying their flag, Member States shall ensure that fishing with trawls, Danish seines or similar gears of a mesh size equal to or larger than 90 mm, with gillnets, entangling nets or trammel nets of a mesh size equal to or larger than 90 mm, with bottom set lines, longlines except drifting lines, handlines and jigging equipment shall be permitted for a maximum number of:
                  
                              (a)
                           
                           
                              181 days absent from port in subdivisions 22-24 with the exception of the period from 1 to 30 April when Article 8(1)(a) of Regulation (EC) No 1098/2007 applies; and
                           
                        
                              (b)
                           
                           
                              160 days absent from port in subdivisions 25-28 with the exception of the period from 1 July to 31 August when Article 8(1)(b) of Regulation (EC) No 1098/2007 applies.
                           
                        
            
                  2.
               
               
                  The maximum number of days absent from port per year for which a vessel may be present within the two areas defined in point 1(a) and (b) fishing with the gears referred to in point 1 may not exceed the maximum number of days allocated for one of the two areas.
               
            
   
      ANNEX III
      
         TRANSITIONAL TECHNICAL MEASURES
      
      A.   Restrictions on fishing for flounder and turbot
      
      
                  1.
               
               
                  The retention on board of the following species of fish which are caught within the geographical areas and during the periods mentioned below shall be prohibited:
                  
                              Species
                           
                           
                              Geographical area
                           
                           
                              Period
                           
                        
                              Flounder (Platichthys flesus)
                              
                           
                           
                              Subdivisions 26, 27, 28 and 29 south of 59°30′N
                              Subdivision 32
                           
                           
                              15 February to 15 May
                              15 February to 31 May
                           
                        
                              Turbot (Psetta maxima)
                              
                           
                           
                              Subdivisions 25, 26 and 28 south of 56°50′N
                           
                           
                              1 June to 31 July
                           
                        
            
                  2.
               
               
                  By way of derogation from point 1, when fishing with trawls, Danish seines or similar gears with a mesh size equal to or greater then 105 mm or with gillnets, entangling nets or trammel nets with a mesh size equal to or greater than 100 mm, by-catches of flounder and turbot may be retained on board and landed within a limit of 10 % by live weight of the total catch retained on board and landed during the periods of prohibition referred to in point 1.
               
            B.   Specifications of top window codend BACOMA
      
      
                  1.
               
               
                  By way of derogation from point 1(e)(i) of Appendix 1 to Annex II to Regulation (EC) No 2187/2005, the meshes shall have a minimum mesh opening of 120 mm from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.
               
            
                  2.
               
               
                  By way of derogation from point 1(d)(ii) of Appendix 1 to Annex II to Regulation (EC) No 2187/2005, the length of the window shall be at least 5,5 m from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.
               
            
                  3.
               
               
                  By way of derogation from point 2 the length of the window shall be at least 6 m, if a sensor dedicated to the measurement of the volume of the catches is attached to the window from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.
               
            C.   Specifications of T90 trawl
      
      By way of derogation from point (b) of Appendix 2 to Annex II to Regulation (EC) No 2187/2005, the mesh size for meshes shall be at least 120 mm from 1 January in subdivisions 22-24 and from 1 March in subdivisions 25-32.