Council Regulation (EC) No 1404/2007 of 26 November 2007 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2008
Modified by
  • Commission Regulation (EC) No 541/2008of 16 June 2008adapting certain fish quotas for 2008 pursuant to Council Regulation (EC) No 847/96 introducing additional conditions for year-to-year management of TACs and quotas, 308R0541, June 17, 2008
Council Regulation (EC) No 1404/2007of 26 November 2007fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2008 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 policyOJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 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 quotasOJ L 115, 9.5.1996, p. 3., 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 stocksOJ L 248, 22.9.2007, p. 1., 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. (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 the 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 to 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 the Community legislation on the subject, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vesselsOJ L 132, 21.5.1987, p. 9., Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fishOJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regulation (EC) No 1804/2005 (OJ L 290, 4.11.2005, p. 10)., Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policyOJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11)., Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring SystemsOJ L 333, 20.12.2003, p. 17., Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vesselsOJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11)., 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 AtlanticOJ L 365, 31.12.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 448/2005 (OJ L 74, 19.3.2005, p. 5)., 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 SoundOJ L 349, 31.12.2005, p. 1. Regulation as amended by Regulation (EC) No 809/2007 (OJ L 182, 12.7.2007, p. 1). and Regulation (EC) No 1098/2007. (8)It is appropriate, in accordance with the Commission’s declaration at the meeting of the Council on 11-12 June 2007, to take account of the efforts made by Member States to adjust fleet capacities in the Baltic Sea in recent years without compromising the overall objective of the effort scheme in Regulation (EC) No 1098/2007. (9)In order to contribute to the conservation of fish stocks, certain supplementary measures on technical conditions of fishing should be implemented in 2008, HAS ADOPTED THIS REGULATION:
CHAPTER I SCOPE AND DEFINITIONS
Article 1 Subject matter This Regulation fixes fishing opportunities for the year 2008 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 1. This Regulation shall apply to Community fishing vessels (Community vessels) and fishing vessels flying the flag of, and registered in, third countries operating in the Baltic Sea. 2. By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State concerned and of which the Commission and the Member State in whose waters the research is carried out have been informed in advance.
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 as defined in Regulation (EEC) No 3880/91; (b)"Baltic Sea" means ICES Divisions IIIb, IIIc and IIId; (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 additional conditions 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 5 of Regulation (EC) No 847/96. 2. For the purpose of withholding quotas to be transferred to 2009, 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, the catches have been taken with trawls, Danish seines or similar gears whose mesh size is less than 32 mm, and the catches are not sorted either on board or on landing. 2. All landings shall count against the quota or 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 Fishing effort limits Fishing effort limits are set out in Annex II.
Article 8 Transitional technical measures Transitional technical measures are set out in Annex III.
 CHAPTER III FINAL PROVISIONS
Article 9 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 10 Entry into force This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. It shall apply from 1 January 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX I Landings 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 FLE Flounder
Pleuronectes platessa PLE Plaice
Psetta maxima TUR Turbot
Salmo salar SAL Atlantic salmon
Sprattus sprattus SPR Sprat
SpeciesHerringClupea harengus ZoneSubdivisions 22-24HER/3B23.; HER/3C22.; HER/3D24.
Denmark 7141
Germany 27254
Finland 3
Poland 6441
Sweden 8807
EC 49646
TAC 49646 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.
SpeciesHerringClupea harengus ZoneSubdivisions 30-31HER/3D30.; HER/3D31.
Finland 79625
Sweden 17326
EC 96951
TAC 96951 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.
SpeciesHerringClupea harengus ZoneSubdivisions 25-27, 28,2, 29 and 32HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32.
Denmark 3358
Germany 890
Estonia 17148
Finland 33472
Latvia 4232
Lithuania 4456
Poland 38027
Sweden 51047
EC 152630
TAC Not relevant 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.
SpeciesHerringClupea harengus ZoneSubdivision 28,1HER/03D.RG
Estonia 18584
Latvia 19426
EC 38010
TAC 38010 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.
SpeciesCodGadus morhua ZoneEC waters of Subdivisions 25-32COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
Denmark 8905
Germany 3542
Estonia 868
Finland 681
Latvia 3311
Lithuania 2181
Poland 10255
Sweden 9022
EC 38765
TAC Not relevant 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.
SpeciesCodGadus morhua ZoneEC waters of Subdivisions 22-24COD/3B23.; COD/3C22.; COD/3D24.
Denmark 9761
Germany 4816
Estonia 203
Finland 165
Latvia 694
Lithuania 450
Poland 2171
Sweden 3349
EC 21609
TAC 21609 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.
SpeciesPlaicePleuronectes platessa ZoneEC waters of IIIbcdPLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32.
Denmark 2590
Germany 288
Poland 480
Sweden 192
EC 3550
TAC 3550 Precautionary 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.
Expressed by number of individual fish.
SpeciesAtlantic salmonSalmo salar ZoneEC waters of IIIbcd excluding Subdivision 32SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31.
Denmark 75511
Germany 8401
Estonia 7674
Finland 94157
Latvia 48028
Lithuania 5646
Poland 22907
Sweden 102068
EC 364392
TAC Not relevant 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.
Expressed by number of individual fish.
SpeciesAtlantic salmonSalmo salar ZoneSubdivision 32SAL/3D32.
Estonia 1581
Finland 13838
EC 15419
TAC Not relevant 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.
SpeciesSpratSprattus sprattus ZoneEC waters of IIIbcdSPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.; SPR/3D32.
Denmark 49212
Germany 31563
Estonia 52060
Finland 23469
Latvia 62877
Lithuania 24948
Poland 145549
Sweden 95368
EC 485046
TAC Not relevant Analytical TAC.Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 applies.Article 5(2) of Regulation (EC) No 847/96 applies.
 ANNEX II 1.Fishing effort limits 1.1.For vessels flying their flag, Member States shall ensure that 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 shall be permitted for a maximum number of (a)223 days absent from port in subdivisions 22-24 with the exception of the period from 1 to 30 April when Article 8 paragraph 1(a) of Regulation (EC) No 1098/2007 applies, and (b)178 days absent from port in subdivisions 25-27, 28.2 with the exception of the period from 1 July to 31 August when Article 8 paragraph 1(b) of Regulation (EC) No 1098/2007 applies. 1.2.The maximum number of days absent from port per year for which a vessel may be present within the two areas defined in point 1.1 (a) and (b) fishing with the gears referred to in point 1.1 may not exceed the maximum number of days allocated for one of the two areas. 1.3.Up to 4 additional days absent from port may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities with any of the gears defined in Article 8 paragraph 1 of Regulation (EC) No 1098/2007 that have taken place since 1 January 2005 in the areas concerned in accordance with Article 7 of Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sectorOJ L 337, 30.12.1999, p. 10. Regulation repealed by Regulation (EC) No 1198/2006 (OJ L 223, 15.8.2006, p. 1).. 1.4.Member States wishing to benefit from the allocations described in point 1.3 shall submit a request to the Commission with reports containing the details of permanent cessations of the fishing activities in question by 30 January 2008. On the basis of such a request the Commission may amend the number of days absent from port defined in point 1.1 for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002. ANNEX III TRANSITIONAL TECHNICAL MEASURES 1.Restrictions on fishing for flounder and turbot 1.1.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 to 28, 29 south of 59°30′NSubdivision 32 15 February to 15 May15 February to 31 May
Turbot (Psetta maxima) Subdivisions 25 to 26, 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 and 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 that point.