Article 1 Subject matter
This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2018.
Article 2 Scope
1. This Regulation shall apply to Union fishing vessels operating in the Baltic Sea. 2. This Regulation shall also apply to recreational fisheries where they are expressly referred to in the relevant provisions.
Article 3 Definitions
For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply: (1) ‘subdivision’ means an ICES subdivision of the Baltic Sea as defined in Annex I to Council Regulation (EC) No 2187/2005 ( 6 ) ; (2) ‘total allowable catch’ (TAC) means the quantity of each stock that can be caught over the period of a year; (3) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country; (4) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources such as for recreation, tourism or sport.
Article 4 TACs and allocations
The TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in the Annex.
Article 5 Special provisions on allocations of fishing opportunities
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 (EU) No 1380/2013; (d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013; (e) deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.
Article 6 Conditions for landing of catches and by-catches
1. Catches of species which are subject to catch limits and which have been caught in fisheries specified in Article 15(1) of Regulation (EU) No 1380/2013 are subject to the landing obligation, as established in that Article. 2. The stocks of non-target species within the safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in the Annex to this Regulation for the purpose of the derogation from the obligation to count catches against the relevant quota provided for in that Article.
Article 7 Measures on recreational fisheries for cod in subdivisions 22-24
1. In recreational fisheries, no more than five specimens of cod may be retained per fisherman per day in subdivisions 22-24. 2. By way of derogation from paragraph 1, no more than three specimens of cod may be retained per fisherman per day in subdivisions 22-24 in the period from 1 February 2018 to 31 March 2018. 3. Paragraphs 1 and 2 are without prejudice to more stringent national measures.
Article 8 Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send data relating to quantities of stocks caught or landed to the Commission, they shall use the stock codes set out in the Annex to this Regulation.
Article 9 Flexibility
1. Except where specified otherwise in the Annex to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TACs and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC. 2. Article 3(2) and (3) and Article 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.
Article 10 Amendment to Regulation (EU) 2017/127
In Annex IA to Regulation (EU) 2017/127, the fishing opportunities table for Norway pout and associated by-catches in 3a, and Union waters of 2a and 4 is replaced by the following: ‘Species: Norway pout and associated by-catches Trisopterus esmarkii Zone: 3a; Union waters of 2a and 4 (NOP/2A3A4.) Year 2017 2018 Denmark 141 819 ( 7 ) ( 9 ) 54 949 ( 7 ) ( 12 ) Germany 27 ( 7 ) ( 8 ) ( 9 ) 11 ( 7 ) ( 8 ) ( 12 ) The Netherlands 104 ( 7 ) ( 8 ) ( 9 ) 40 ( 7 ) ( 8 ) ( 12 ) Union 141 950 ( 7 ) ( 9 ) 55 000 ( 7 ) ( 12 ) Norway 25 000 ( 10 ) Faroe Islands 9 300 ( 11 ) TAC 238 981 Not relevant Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply.
Amendment rationale: CONTEXT OF THE PROPOSAL The Council, by Council Regulation (EU) 2017/1970, fixed the fishing opportunities for the Gulf of Bothnia herring (subdivisions 30-31) in 2018 based on and in line with the Baltic Sea Multi-annual Management Plan (Regulation (EU) 2016/1139). The EU quota was set at 84599 tonnes corresponding to the fishing mortality at MSY point value, i.e. 0.15 for the respective part of the stock with full analytical assessment that was provided by ICES. In 2018 the amendment to Regulation (EU) 2016/1139 came into force as regards the MSY values for the Gulf of Bothnia herring stock in line with the latest advice provided by the International Council for the Exploration of the Sea (ICES). The amendment increases the numerical values of the MSY fishing mortality ranges from 0.11-0.15 to 0.15-0.21 and provides the legal basis to amend the respective fishing opportunities set in the Council Regulation (EU) 2017/1970. This proposal sets the EU quota for the Gulf of Bothnia herring at the level of 95566 tonnes corresponding to the fishing mortality at MSY point value i.e. 0.21.
Revised version (Article 10 Amendment to Regulation (EU) 2017/127):
In Annex IA to Regulation (EU) 2017/127, the fishing opportunities table for Norway pout and associated by-catches in 3a, and Union waters of 2a and 4 is replaced by the following: ‘Species: Norway pout and associated by-catches Trisopterus esmarkii Zone: 3a; Union waters of 2a and 4 (NOP/2A3A4.) Year 2017 2018 Denmark 141 819 ( 1 ) ( 3 ) 54 949 ( 1 ) ( 6 ) Germany 27 ( 1 ) ( 2 ) ( 3 ) 11 ( 1 ) ( 2 ) ( 6 ) The Netherlands 104 ( 1 ) ( 2 ) ( 3 ) 40 ( 1 ) ( 2 ) ( 6 ) Union 141 950 ( 1 ) ( 3 ) 55 000 ( 1 ) ( 6 ) Norway 25 000 ( 4 ) Faroe Islands 9 300 ( 5 ) TAC 238 981 Not relevant Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply. ( 1 ) Up to 5 % of the quota may consist of by-catches of haddock and whiting (OT2/*2A3A4). By-catches of haddock and whiting counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota. ( 2 ) Quota may be fished in Union waters of ICES zones 2a, 3a and 4 only. ( 3 ) Union quota may only be fished from 1 November 2016 to 31 October 2017. ( 4 ) A sorting grid shall be used. ( 5 ) A sorting grid shall be used. Includes a maximum of 15 % of unavoidable by-catches (NOP/*2A3A4), to be counted against this quota. ( 6 ) Union quota may be fished from 1 November 2017 to 31 October 2018.’. ‘Species: Norway pout and associated by-catches Trisopterus esmarkii Zone: 3a; Union waters of 2a and 4 (NOP/2A3A4.) ‘Species: Norway pout and associated by-catches Trisopterus esmarkii Zone: 3a; Union waters of 2a and 4 (NOP/2A3A4.) Year 2017 2018 Denmark 141 819 ( 1 ) ( 3 ) 54 949 ( 1 ) ( 6 ) Denmark 141 819 ( 1 ) ( 3 ) 54 949 ( 1 ) ( 6 ) Germany 27 ( 1 ) ( 2 ) ( 3 ) 11 ( 1 ) ( 2 ) ( 6 ) Germany 27 ( 1 ) ( 2 ) ( 3 ) 11 ( 1 ) ( 2 ) ( 6 ) The Netherlands 104 ( 1 ) ( 2 ) ( 3 ) 40 ( 1 ) ( 2 ) ( 6 ) The Netherlands Union 141 950 ( 1 ) ( 3 ) 55 000 ( 1 ) ( 6 ) Union 141 950 ( 1 ) ( 3 ) 55 000 ( 1 ) ( 6 ) Norway 25 000 ( 4 ) Norway 25 000 ( 4 ) Faroe Islands 9 300 ( 5 ) Faroe Islands 9 300 ( 5 ) TAC 238 981 Not relevant Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply. 238 981 Not relevant Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply. ( 1 ) Up to 5 % of the quota may consist of by-catches of haddock and whiting (OT2/*2A3A4). By-catches of haddock and whiting counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota. ( 2 ) Quota may be fished in Union waters of ICES zones 2a, 3a and 4 only. ( 3 ) Union quota may only be fished from 1 November 2016 to 31 October 2017. ( 4 ) A sorting grid shall be used. ( 5 ) A sorting grid shall be used. Includes a maximum of 15 % of unavoidable by-catches (NOP/*2A3A4), to be counted against this quota. ( 6 ) Union quota may be fished from 1 November 2017 to 31 October 2018.’. ( 1 ) Up to 5 % of the quota may consist of by-catches of haddock and whiting (OT2/*2A3A4). By-catches of haddock and whiting counted against the quota pursuant to this provision and by-catches of species counted against the quota pursuant to Article 15(8) of Regulation (EU) No 1380/2013 shall, together, not exceed 9 % of the quota. ( 2 ) Quota may be fished in Union waters of ICES zones 2a, 3a and 4 only. ( 3 ) Union quota may only be fished from 1 November 2016 to 31 October 2017. ( 4 ) A sorting grid shall be used. ( 5 ) A sorting grid shall be used. Includes a maximum of 15 % of unavoidable by-catches (NOP/*2A3A4), to be counted against this quota. ( 6 ) Union quota may be fished from 1 November 2017 to 31 October 2018.’.
Article 11 Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall apply from 1 January 2018, with the exception of Article 10 which shall apply from 1 November 2017.
Amendment rationale: CONTEXT OF THE PROPOSAL The Council, by Council Regulation (EU) 2017/1970, fixed the fishing opportunities for the Gulf of Bothnia herring (subdivisions 30-31) in 2018 based on and in line with the Baltic Sea Multi-annual Management Plan (Regulation (EU) 2016/1139). The EU quota was set at 84599 tonnes corresponding to the fishing mortality at MSY point value, i.e. 0.15 for the respective part of the stock with full analytical assessment that was provided by ICES. In 2018 the amendment to Regulation (EU) 2016/1139 came into force as regards the MSY values for the Gulf of Bothnia herring stock in line with the latest advice provided by the International Council for the Exploration of the Sea (ICES). The amendment increases the numerical values of the MSY fishing mortality ranges from 0.11-0.15 to 0.15-0.21 and provides the legal basis to amend the respective fishing opportunities set in the Council Regulation (EU) 2017/1970. This proposal sets the EU quota for the Gulf of Bothnia herring at the level of 95566 tonnes corresponding to the fishing mortality at MSY point value i.e. 0.21.
Revised version (Article 11 Entry into force):
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall apply from 1 January 2018, with the exception of Article 10 which shall apply from 1 November 2017. This Regulation shall be binding in its entirety and directly applicable in all Member States.