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
Council Regulation (EU) No 1180/2013of 19 November 2013fixing 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 2371/2002Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59). 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 1098/2007Council 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 stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 (OJ L 248, 22.9.2007, p. 1). ("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 1224/2009Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1)., 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 847/96Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3)., 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,HAS ADOPTED THIS REGULATION:
CHAPTER IGENERAL PROVISIONS
Article 1Subject matterThis Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2014.
Article 2ScopeThis Regulation applies to Union vessels operating in the Baltic Sea.
Article 3DefinitionsFor 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 2187/2005Council 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 Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (OJ L 349, 31.12.2005, p. 1).;(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 IIFISHING OPPORTUNITIES
Article 4TACs and allocationsThe TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in Annex I.
Article 5Special provisions on allocations1.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.
Article 6Conditions for landing catches and by-catchesFish 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.
Article 7Fishing effort limits1.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 IIIFINAL PROVISIONS
Article 8Data transmissionWhen 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.
Article 9Entry 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 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 19 November 2013.For the CouncilThe PresidentL. LinkevičiusANNEX ITACs APPLICABLE TO UNION VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREAThe following tables set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto, where appropriate.The references to fishing zones are references to ICES zones, unless otherwise specified.The fish stocks are referred to following the alphabetical order of the Latin names of the species.For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:
Scientific nameAlpha-3 codeCommon name
Clupea harengusHERHerring
Gadus morhuaCODCod
Pleuronectes platessaPLEPlaice
Salmo salarSALAtlantic salmon
Sprattus sprattusSPRSprat
SpeciesHerringClupea harengusZonesubdivisions 30-31HER/3D30.; HER/3D31.
Finland112977Analytical TAC
Sweden24823
Union137800
TAC137800
SpeciesHerringClupea harengusZonesubdivisions 22-24HER/3B23.; HER/3C22.; HER/3D24.
Denmark2769Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Germany10900
Finland1
Poland2570
Sweden3514
Union19754
TAC19754
SpeciesHerringClupea harengusZoneUnion waters of subdivisions 25-27, 28.2, 29 and 32HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.2; HER/3D29.; HER/3D32.
Denmark2480Analytical TAC
Germany658
Estonia12664
Finland24721
Latvia3125
Lithuania3291
Poland28085
Sweden37701
Union112725
TACNot relevant
SpeciesHerringClupea harengusZonesubdivision 28.1HER/03D.RG
Estonia14186Analytical TAC
Latvia16534
Union30720
TAC30720
SpeciesCodGadus morhuaZoneUnion waters of subdivisions 25-32COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
Denmark15147Analytical TAC
Germany6025
Estonia1476
Finland1159
Latvia5632
Lithuania3710
Poland17440
Sweden15345
Union65934
TACNot relevant
SpeciesCodGadus morhuaZonesubdivisions 22-24COD/3B23.; COD/3C22.; COD/3D24.
Denmark7436Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Germany3636
Estonia165
Finland146
Latvia615
Lithuania399
Poland1990
Sweden2650
Union17037
TAC17037
SpeciesPlaicePleuronectes platessaZoneUnion 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.
Denmark2443Precautionary TAC
Germany271
Poland511
Sweden184
Union3409
TAC3409
Expressed by number of individual fish.
SpeciesAtlantic salmonSalmo salarZoneUnion waters of subdivisions 22-31SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31.
Denmark22087Analytical TACArticle 3 of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Germany2457
Estonia2245
Finland27541
Latvia14049
Lithuania1651
Poland6700
Sweden29857
Union106587
TACNot relevant
Expressed by number of individual fish.
SpeciesAtlantic salmonSalmo salarZoneUnion waters of subdivision 32SAL/3D32.
Estonia1344Precautionary TAC
Finland11762
Union13106
TACNot relevant
At least 92 % of landings counted against the quota must be of sprat. By-catches of herring are to be counted against the remaining 8 % of the quota (HER/*3BCDC).
SpeciesSpratSprattus sprattusZoneUnion 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.
Denmark23672Analytical TAC
Germany14997
Estonia27489
Finland12392
Latvia33200
Lithuania12010
Poland70456
Sweden45763
Union239979
TACNot relevant
ANNEX IIFISHING EFFORT LIMITS1.Member States shall allocate the right to vessels flying their flag and 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, to be up to:(a)147 days absent from port in ICES 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)146 days absent from port in ICES 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 referred to in point 1(a) and (b) fishing with the gear specified in point 1 may not exceed the maximum number of days absent from port allocated for one of those two areas.3.By way of derogation from points 1 and 2, and where efficient management of fishing opportunities so requires, a Member State may allocate to vessels flying its flag the right to additional days absent from port where an equal amount of days absent from port is withdrawn from other vessels flying its flag that are subject to effort restriction in the same area and where the capacity, in terms of kW, of each of the donor vessels is equal to, or larger than, that of the receiving vessels. The number of receiving vessels may not exceed 15 % of the total number of vessels of the Member State concerned, as indicated in point 1.