Council Regulation (EU) 2015/2072 of 17 November 2015 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulations (EU) No 1221/2014 and (EU) 2015/104
Modified by
  • Council Regulation (EU) 2016/1252of 28 July 2016amending Regulations (EU) 2016/72 and (EU) 2015/2072 as regards certain fishing opportunities, 32016R1252, July 30, 2016
Council Regulation (EU) 2015/2072of 17 November 2015fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulations (EU) No 1221/2014 and (EU) 2015/104 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 2016.
Article 2ScopeThis Regulation shall apply to Union fishing vessels operating in the Baltic Sea.
Article 3DefinitionsFor the purposes of this Regulation the following definitions shall apply:(1)"ICES" means International Council for the Exploration of the Sea;(2)"Baltic Sea" means ICES zones IIIb, IIIc and IIId;(3)"subdivision" means an ICES subdivision of the Baltic Sea as defined 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 (OJ L 349, 31.12.2005, p. 1).;(4)"fishing vessel" means any vessel equipped for commercial exploitation of marine biological resources;(5)"Union fishing vessel" means a fishing vessel flying the flag of a Member State and registered in the Union;(6)"stock" means a marine biological resource that occurs in a given management area;(7)"total allowable catch" (TAC) means the quantity of each stock that can be:(i)caught over the period of a year, for fisheries that are subject to a landing obligation pursuant to Article 15 of Regulation (EU) No 1380/2013; or(ii)landed over the period of a year, for fisheries that are not subject to a landing obligation pursuant to Article 15 of Regulation (EU) No 1380/2013;(8)"quota" means a proportion of the TAC allocated to the Union, a Member State or a third country.
CHAPTER IIFISHING OPPORTUNITIES
Article 4TACs and allocationsThe TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in the Annex.
Article 5Special provisions on allocations of fishing opportunitiesThe allocation of fishing opportunities among Member States, as set out in this Regulation, shall be without prejudice to:(a)exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;(b)deductions and 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 or under Article 15(9) of Regulation (EU) No 1380/2013;(d)quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013;(e)deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.
Article 6Conditions for landing catches and by-catches not subject to the landing obligation1.Catches of species which are subject to catch limits and which have been caught in fisheries specified in Article 15(1) of Regulation (EU) No 1380/2013 are subject to the landing obligation, as established in Article 15 of that Regulation.2.Catches and by-catches of plaice shall be retained on board or landed only where they have been taken by Union fishing vessels flying the flag of a Member State that has a quota provided that that quota is not exhausted.3.The stocks of non-target species within the safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in the Annex for the purpose of the derogation from the obligation to count catches against the relevant quota provided for in that Article.
CHAPTER IIIFLEXIBILITY IN THE FIXING OF FISHING OPPORTUNITIES OF CERTAIN STOCKS
Article 7Amendment to Regulation (EU) 2015/104In Regulation (EU) 2015/104, the following Article is inserted:
"Article 18aFlexibility in the fixing of fishing opportunities of certain stocks1.This Article shall apply to the following stocks:(a)mackerel in zones IIIa and IV; Union waters of IIa, IIIb, IIIc and IIId;(b)mackerel in areas VI, VII, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of IIa, XII and XIV;(c)mackerel in Norwegian waters of IIa and IVa;(d)herring in Union, Norwegian and international waters of I and II;(e)herring in the North Sea north of 53° N;(f)herring in areas IVc and VIId;(g)herring in zones VIIa, VIIg, VIIh, VIIj and VIIk;(h)horse mackerel in Union waters of IIa, IVa, VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; in Union and international waters of Vb; in international waters of XII and XIV.2.Any quantities up to 25 % of a Member State's initial quota of the stocks identified in points (d) to (h) of paragraph 1 that have not been used in 2015 shall be added for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2016. That percentage shall be 17,5 % for stocks identified in points (a) to (c) of paragraph 1. Any quantities transferred to other Member States pursuant to Article 16(8) of Regulation (EU) No 1380/2013 and any quantities deducted pursuant to Articles 37, 105 and 107 of Regulation (EC) No 1224/2009 shall be taken into account for the purpose of establishing quantities used and quantities not used under this paragraph.3.Where a Member State has used the option provided for in paragraph 2 of this Article in respect of a particular stock, no other flexibility as regards a carry-over of unused fishing opportunities shall apply in respect of that stock.".
Article 8Amendment to Regulation (EU) No 1221/2014In Regulation (EU) No 1221/2014, the following Article is inserted:
"Article 5aFlexibility in the fixing of fishing opportunities of certain stocks1.This Article shall apply to the following stocks:(a)herring in ICES subdivision 30-31;(b)herring in Union waters of ICES subdivisions 25-27, 28.2, 29 and 32;(c)herring in ICES subdivision 28.1;(d)sprat in Union waters of ICES subdivision 22-32.2.Any quantities up to 25 % of a Member State's initial quota of the stocks identified in paragraph 1 that have not been used in 2015 shall be added for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2016. Any quantities transferred to other Member States pursuant to Article 16(8) of Regulation (EU) No 1380/2013 and any quantities deducted pursuant to Articles 37, 105 and 107 of Regulation (EC) No 1224/2009 shall be taken into account for the purpose of establishing quantities used and quantities not used under this paragraph.3.Where a Member State has used the option provided for in paragraph 2 of this Article in respect of a particular stock, no other flexibility as regards a carry-over of unused fishing opportunities shall apply in respect of that stock.".
CHAPTER IVFINAL PROVISIONS
Article 9Data transmissionWhen, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send data relating to quantities of stocks caught or landed to the Commission, they shall use the stock codes set out in the Annex to this Regulation.
Article 10Flexibility1.Except where specified otherwise in the Annex to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC.2.Article 3(2) and (3) and Article 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.
Article 11Entry into forceThis Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.It shall apply from 1 January 2016.However, Articles 7 and 8 shall apply with effect from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEXTACs applicable to Union fishing 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.The references to fishing zones are references to ICES zones, unless otherwise specified.The fish stocks are referred to using 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
Species:HerringClupea harengusZone:Subdivisions 30-31HER/3D30.; HER/3D31.
Finland99098
Sweden21774
Union120872
TAC120872Analytical TAC
Species:HerringClupea harengusZone:Subdivisions 22-24HER/3B23.; HER/3C22.; HER/3D24.
Denmark3683
Germany14496
Finland2Article 6(3) of this Regulation shall apply.
Poland3419
Sweden4674
Union26274
TAC26274Analytical TACArticle 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Species:HerringClupea harengusZone:Union waters of Subdivisions 25-27, 28.2, 29 and 32HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.2; HER/3D29.; HER/3D32.
Denmark3905
Germany1035
Estonia19942Article 6(3) of this Regulation shall apply.
Finland38927
Latvia4921
Lithuania5182
Poland44224
Sweden59369
Union177505
TACNot relevantAnalytical TAC
Species:HerringClupea harengusZone:Subdivision 28.1HER/03D.RG
Estonia16124
Latvia18791Article 6(3) of this Regulation shall apply.
Union34915
TAC34915Analytical TAC
SpeciesCodGadus morhuaZone:Union waters of Subdivisions 25-32COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
Denmark9451
Germany3760
Estonia921
Finland723
Latvia3514
Lithuania2315
Poland10884
Sweden9575
Union41143
TACNot relevantPrecautionary TACArticle 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
This quota may be fished from 1 January to 14 February and from 1 April till 31 December 2016.
Species:CodGadus morhuaZone:Subdivisions 22-24COD/3B23.; COD/3C22.; COD/3D24.
Denmark5552
Germany2715
Estonia123
Finland109
Latvia459
Lithuania298
Poland1486
Sweden1978
Union12720
TAC12720Analytical TACArticle 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Species:PlaicePleuronectes platessaZone:Union 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.
Denmark2890
Germany321
Poland605
Sweden218
Union4034
TAC4034Analytical TAC
Expressed by number of individual fish.
Species:Atlantic salmonSalmo salarZone:Union waters of Subdivisions 22-31SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31.
Denmark19879
Germany2212
Estonia2020
Finland24787
Latvia12644
Lithuania1486
Poland6030
Sweden26870
Union95928
TACNot relevantAnalytical TACArticle 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Expressed by number of individual fish.
Species:Atlantic salmonSalmo salarZone:Union waters of Subdivision 32SAL/3D32.
Estonia1344
Finland11762
Union13106
TACNot relevantPrecautionary TAC
Species:SpratSprattus sprattusZone:Union 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.
Denmark19958
Germany12644
Estonia23175
Finland10447
Latvia27990
Lithuania10125
Poland59399
Sweden38582
Union202320
TACNot relevantArticle 6(3) of this Regulation shall apply.Analytical TAC