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Document 02007R1404-20080624
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
Consolidated text: 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
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
02007R1404 — EN — 24.06.2008 — 001.001
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COUNCIL REGULATION (EC) No 1404/2007 of 26 November 2007 (OJ L 312 30.11.2007, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 157 |
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17.6.2008 |
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
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
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 as defined in Regulation (EEC) No 3880/91;
‘Baltic Sea’ means ICES Divisions IIIb, IIIc and IIId;
‘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 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
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 5 of Regulation (EC) No 847/96.
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, 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.
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 |
Species: Herring Clupea harengus |
Zone: Subdivisions 22-24 HER/3B23.; HER/3C22.; HER/3D24. |
|
Denmark |
►M1 7 141 ◄ |
|
Germany |
►M1 27 254 ◄ |
|
Finland |
3 |
|
Poland |
►M1 6 441 ◄ |
|
Sweden |
►M1 8 807 ◄ |
|
EC |
49 646 |
|
TAC |
49 646 |
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.
|
Species: Herring Clupea harengus |
Zone: Subdivisions 30-31 HER/3D30.; HER/3D31. |
|
Finland |
►M1 79 625 ◄ |
|
Sweden |
►M1 17 326 ◄ |
|
EC |
96 951 |
|
TAC |
96 951 |
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.
|
Species: Herring Clupea harengus |
Zone: Subdivisions 25-27, 28,2, 29 and 32 HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32. |
|
Denmark |
3 358 |
|
Germany |
890 |
|
Estonia |
17 148 |
|
Finland |
33 472 |
|
Latvia |
4 232 |
|
Lithuania |
4 456 |
|
Poland |
38 027 |
|
Sweden |
51 047 |
|
EC |
152 630 |
|
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.
|
Species: Herring Clupea harengus |
Zone: Subdivision 28,1 HER/03D.RG |
|
Estonia |
►M1 18 584 ◄ |
|
Latvia |
19 426 |
|
EC |
38 010 |
|
TAC |
38 010 |
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.
|
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 |
8 905 |
|
Germany |
3 542 |
|
Estonia |
868 |
|
Finland |
681 |
|
Latvia |
3 311 |
|
Lithuania |
2 181 |
|
Poland |
10 255 |
|
Sweden |
9 022 |
|
EC |
38 765 |
|
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.
|
Species: Cod Gadus morhua |
Zone: EC waters of Subdivisions 22-24 COD/3B23.; COD/3C22.; COD/3D24. |
|
Denmark |
►M1 9 761 ◄ |
|
Germany |
►M1 4 816 ◄ |
|
Estonia |
►M1 203 ◄ |
|
Finland |
165 |
|
Latvia |
694 |
|
Lithuania |
450 |
|
Poland |
2 171 |
|
Sweden |
►M1 3 349 ◄ |
|
EC |
21 609 |
|
TAC |
21 609 |
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.
|
Species: Plaice Pleuronectes platessa |
Zone: EC waters of IIIbcd PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32. |
|
Denmark |
►M1 2 590 ◄ |
|
Germany |
►M1 288 ◄ |
|
Poland |
480 |
|
Sweden |
►M1 192 ◄ |
|
EC |
3 550 |
|
TAC |
3 550 |
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.
|
Species: Atlantic salmon Salmo salar |
Zone: EC waters of IIIbcd excluding Subdivision 32 SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31. |
|
Denmark |
75 511 (1) |
|
Germany |
8 401 (1) |
|
Estonia |
7 674 (1) |
|
Finland |
94 157 (1) |
|
Latvia |
48 028 (1) |
|
Lithuania |
5 646 (1) |
|
Poland |
22 907 (1) |
|
Sweden |
102 068 (1) |
|
EC |
364 392 (1) |
|
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.
|
(1)
Expressed by number of individual fish. |
Species: Atlantic salmon Salmo salar |
Zone: Subdivision 32 SAL/3D32. |
|
Estonia |
1 581 (1) |
|
Finland |
13 838 (1) |
|
EC |
15 419 (1) |
|
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.
|
(1)
Expressed by number of individual fish. |
Species: Sprat Sprattus sprattus |
Zone: EC waters of IIIbcd SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.; SPR/3D32. |
|
Denmark |
►M1 49 212 ◄ |
|
Germany |
►M1 31 563 ◄ |
|
Estonia |
52 060 |
|
Finland |
23 469 |
|
Latvia |
62 877 |
|
Lithuania |
►M1 24 948 ◄ |
|
Poland |
►M1 145 549 ◄ |
|
Sweden |
►M1 95 368 ◄ |
|
EC |
485 046 |
|
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
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
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 sector ( 11 ).
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′N Subdivision 32 |
15 February to 15 May 15 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. |
( 1 ) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).
( 2 ) OJ L 115, 9.5.1996, p. 3.
( 3 ) OJ L 248, 22.9.2007, p. 1.
( 4 ) OJ L 132, 21.5.1987, p. 9.
( 5 ) OJ 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).
( 6 ) OJ 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).
( 7 ) OJ L 333, 20.12.2003, p. 17.
( 8 ) OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).
( 9 ) OJ 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).
( 10 ) OJ L 349, 31.12.2005, p. 1. Regulation as amended by Regulation (EC) No 809/2007 (OJ L 182, 12.7.2007, p. 1).
( 11 ) OJ L 337, 30.12.1999, p. 10. Regulation repealed by Regulation (EC) No 1198/2006 (OJ L 223, 15.8.2006, p. 1).