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Document 02009R1226-20100101
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
Consolidated text: 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
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
02009R1226 — EN — 01.01.2010 — 000.001
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COUNCIL REGULATION (EC) No 1226/2009 of 20 November 2009 (OJ L 330 16.12.2009, p. 1) |
Amended by:
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Official Journal |
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L 21 |
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26.1.2010 |
Corrected by:
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
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
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:
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;
‘Baltic Sea’ means ICES Subdivisions 22-32;
‘total allowable catch’ (TAC) means the quantity that can be taken from each stock each year;
‘quota’ means a proportion of the TAC allocated to the Community, a Member State or a third country;
‘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
The allocation of catch limits among Member States as set out in Annex I shall be without prejudice to:
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
deductions made pursuant to Article 23(4) of Regulation (EC) No 2371/2002 and Article 2 of Regulation (EC) No 338/2008.
Article 6
Conditions for catches and by-catches
Fish from stocks for which catch limits are fixed shall only be retained on board or landed if:
the catches have been taken by vessels of a Member State with a quota and that quota has not been exhausted; or
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.
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
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.
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 |
||
Poland |
18 497 (1) |
|
Sweden |
82 420 (1) |
|
EC |
294 246 (1) |
|
TAC |
Not relevant |
|
(1)
Expressed by number of individual fish. |
Species: Atlantic salmon Salmo salar |
Zone: EC waters of Subdivision 32 SAL/3D32. |
|
Estonia |
1 581 (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.
|
Finland |
13 838 (1) |
|
EC |
15 419 (1) |
|
TAC |
Not relevant |
|
(1)
Expressed by number of individual fish. |
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 |
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:
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
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.
( 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.