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
Modified by
  • Council Regulation (EU) No 53/2010of 14 January 2010fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009, 32010R0053, January 26, 2010
Corrected by
  • Corrigendum to 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, 32009R1226R(01), February 17, 2010
Council Regulation (EC) No 1226/2009of 20 November 2009fixing 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 PolicyOJ L 358, 31.12.2002, p. 59., 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, 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 fishOJ L 276, 10.10.1983, p. 1., Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vesselsOJ L 274, 25.9.1986, p. 1., 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., 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., 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., 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 (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 16, 20.1.2005, p. 184., 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) fishingOJ L 286, 29.10.2008, p. 1..(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 ISCOPE AND DEFINITIONS
Article 1Subject matterThis 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 2Scope1.This Regulation shall apply to Community fishing vessels ("Community vessels") 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 whose flag the vessel concerned is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations.3.Paragraph 2 shall not apply to fishing operations by vessels participating in initiatives regarding fully documented fisheries where such fisheries benefit from additional quotas.
Article 3DefinitionsIn 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 IIFISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS
Article 4Catch limits and allocationsThe 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 5Special provisions on allocations1.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 6Conditions for catches and by-catches1.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 7Prohibition of highgradingAny 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 8Fishing effort limits1.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 9Transitional technical measuresTransitional technical measures are set out in Annex III.
CHAPTER IIIFINAL PROVISIONS
Article 10Data transmissionWhen 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 11Entry into forceThis 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 ICATCH 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 AREAThe 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 nameAlpha-3 codeCommon name
Clupea harengusHERHerring
Gadus morhuaCODCod
Platichthys flesusFLXFlounder
Pleuronectes platessaPLEPlaice
Psetta maximaTURTurbot
Salmo salarSALAtlantic salmon
Sprattus sprattusSPRSprat
SpeciesHerringClupea harengusZoneSubdivisions 30-31HER/3D30.; HER/3D31.
Finland84721Analytical 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.
Sweden18615
EC103336
TAC103336
SpeciesHerringClupea harengusZoneSubdivisions 22-24HER/3B23.; HER/3C22.; HER/3D24.
Denmark3181Analytical 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.
Germany12519
Finland2
Poland2953
Schweden4037
EC22692
TAC22692
SpeciesHerringClupea harengusZoneSubdivisions 25-27, 28.2, 29 and 32HER/3B23.; HER/3C22.; HER/3D24.HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32.
Denmark2780Analytical 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.
Germany737
Estonia14198
Finland27714
Latvia3504
Lithuania3689
Poland31486
Sweden42268
EC126376
TACNot relevant
SpeciesHerringClupea harengusZoneSubdivision 28,1HER/03D.RG
Estonia16809Analytical 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.
Latvia19591
EC36400
TAC36400
SpeciesCodGadus morhuaZoneEC waters of Subdivisions 25-32COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
Denmark11777Analytical 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.
Germany4685
Estonia1148
Finland901
Latvia4379
Lithuania2885
Poland13561
Sweden11932
EC51267
TACNot relevant
SpeciesCodGadus morhuaZoneEC waters of Subdivisions 22 –24COD/3B23.; COD/3C22.; COD/3D24.
Denmark7726Analytical 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.
Germany3777
Estonia171
Finland152
Latvia639
Lithuania415
Poland2067
Sweden2753
EC17700
TAC17700
SpeciesPlaicePleuronectes platessaZoneEC waters of Subdivisions 22-32PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32.
Denmark2179Precautionary 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.
Germany242
Poland456
Sweden164
EC3041
TAC3041
Expressed by number of individual fish.
SpeciesAtlantic salmonSalmo salarZoneEC waters of Subdivisions 22-31SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31.
Denmark60975Analytical 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.
Germany6784
Estonia6197
Finland76031
Latvia38783
Lithuania4559
Poland18497
Sweden82420
EC294246
TACNot relevant
Expressed by number of individual fish.
SpeciesAtlantic salmonSalmo salarZoneEC waters of Subdivision 32SAL/3D32.
Estonia1581Analytical 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.
Finland13838
EC15419
TACNot relevant
SpeciesSpratSprattus sprattusZoneEC waters of Subdivisions 22-32SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.; SPR/3D32.
Denmark37480Analytical 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.
Germany23745
Estonia43522
Finland19620
Latvia52565
Lithuania19015
Poland111552
Sweden72456
EC379955
TACNot relevant
ANNEX IIFishing effort limits1.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 IIITRANSITIONAL TECHNICAL MEASURESA.Restrictions on fishing for flounder and turbot1.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:
SpeciesGeographical areaPeriod
Flounder (Platichthys flesus)Subdivisions 26, 27, 28 and 29 south of 59°30′NSubdivision 3215 February to 15 May15 February to 31 May
Turbot (Psetta maxima)Subdivisions 25, 26 and 28 south of 56°50′N1 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 BACOMA1.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 trawlBy 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.