22.11.2013 EN Official Journal of the European Union L 313/4
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
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 (1) requires that measures governing access to waters and resources and the sustainable pursuit of fishing activities be established taking into account the scientific, technical and economic advice available 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 scientific advice available, 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 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 (2) (‘the Baltic Sea Cod Plan’).
(5) In the light of the 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 its flag.
(6) The use of fishing opportunities as set out in this Regulation should be subject to Council Regulation (EC) No 1224/2009 (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 (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 livelihood of Union fishermen, it is important to open the fisheries covered by this Regulation as from 1 January 2014. For reasons of urgency, this Regulation should enter into force immediately after its publication,
CHAPTER I
GENERAL PROVISIONS
Subject matter
This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2014.
Scope
This Regulation applies to Union vessels operating in the Baltic Sea.
Definitions
For the purposes of this Regulation the following definitions 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 (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 not present in a port.
CHAPTER II
FISHING OPPORTUNITIES
TACs and allocations
The TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in Annex I.
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.
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 and by-catches have been taken by vessels of a Member State having a quota and that quota is not exhausted.
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
Data transmission
When Member States send the Commission data relating to landings of quantities of stocks caught, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes set out in Annex I to this Regulation.
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 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.