LegalizeCouncil Regulation (EU) No 1221/2014 of 10 November 2014 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulations (EU) No 43/2014 and (EU) No 1180/2013
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2015.
Article 2
Scope
This Regulation shall apply to Union fishing vessels operating in the Baltic Sea.
Article 3
Definitions
For 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 2187/2005 (6);
(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) ‘fishing effort’ means the product of the capacity and the activity of a fishing vessel; for a group of fishing vessels it is the sum of the fishing effort of all fishing vessels in the group;
(7) ‘stock’ means a marine biological resource that occurs in a given management area;
(8) ‘total allowable catch’ (TAC) means the quantity of each stock that can be: (i) caught over the period of a year, in the fisheries that are subject to the landing obligation pursuant to Article 15 of Regulation (EU) No 1380/2013; or (ii) landed over the period of a year, in the fisheries that are not subject to the landing obligation pursuant to Article 15 of Regulation (EU) No 1380/2013;
(9) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;
(10) ‘days absent from port’ means any continuous period of 24 hours or part thereof during which a fishing vessel is not present in a port.
CHAPTER II
FISHING OPPORTUNITIES
Article 4
TACs and allocations
The TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in Annex I.
Article 5
Special provisions on allocations of fishing opportunities
The allocation of fishing opportunities to 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 5a
Flexibility in the fixing of fishing opportunities of certain stocks
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.
Article 6
Conditions for landing catches and by-catches not subject to the landing obligation
Catches and by-catches of plaice shall be retained on board or landed only if they have been taken by Union fishing vessels flying the flag of a Member State having a quota and that quota is not exhausted.
Article 7
Fishing effort limits
Fishing effort limits are set out in Annex II.
CHAPTER III
FLEXIBILITY IN THE FIXING OF FISHING OPPORTUNITIES OF CERTAIN STOCKS
Article 8
Amendments to Regulation (EU) No 43/2014
Regulation (EU) No 43/2014 is amended as follows:
(1) Article 18a is amended as follows: (a) in paragraph 1, the following subparagraphs are inserted: ‘(m) herring in zones VIIa, VIIg, VIIh, VIIj and VIIk; (n) 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.’ ; (b) the following paragraph is inserted: ‘7. By way of derogation from paragraph 4, the percentage of 10 % shall be increased by an additional 15 % in respect of stocks referred to in paragraph 1(c), (d), (f), (g), (j), (k), (m) and (n).’ ;
(2) in Annex IA, the entry for sprat and associated by-catches in Union waters of IIa and IV shall be replaced by the following: ‘Species: Sprat and associated by-catches Sprattus sprattus Zone: Union waters of IIa and IV (SPR/2AC4-C) Belgium 1 546 (2) Denmark 122 383 (2) Germany 1 546 (2) France 1 546 (2) The Netherlands 1 546 (2) Sweden 1 330 (1) (2) United Kingdom 5 103 (2) Union 135 000 Norway 9 000 TAC 144 000
Analytical TAC
(1) Including sandeel. (2) At least 98 % of landings counted against this quota shall be of sprat. By-catches of dab and whiting to be counted against the remaining 2 % of the quota (OTH/*2AC4C).’
Article 9
Amendments to Regulation (EU) No 1180/2013
Regulation (EU) No 1180/2013 is amended as follows:
(1) the following Article is inserted: ‘Article 5a Flexibility in the fixing of fishing opportunities of certain stocks
This Article shall apply to the following stocks:
(a) herring in ICES subdivisions 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 subdivisions 22-32.
Any quantities up to 25 % of a Member State's quota of the stocks identified in paragraph 1 that have not been used in 2014 shall be added for the purpose of calculating the quota of the Member State concerned for the relevant stock for 2015. Any quantities transferred to other Member States pursuant to Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (*1) as well as 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.
Article 4 of Regulation (EC) No 847/96 shall not apply to stocks identified in paragraph 1 of this Article in respect of the Member States concerned.
(2) in Annex I, the following footnote shall be included in respect of entries concerning the following stocks: herring in subdivisions 30-31; herring in Union waters of subdivisions 25-27, 28.2, 29 and 32; herring in subdivision 28.1; sprat in Union waters of subdivisions 22-32:
‘Article 3 of Regulation (EC) No 847/96 shall not apply.
Article 4 of Regulation (EC) No 847/96 shall not apply.’
CHAPTER IV
FINAL PROVISIONS
Article 10
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send the Commission data relating to quantities of stocks caught or landed, they shall use the stock codes set out in Annex I to this Regulation.
Article 11
Flexibility
Article 12
Entry into force
This 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 2015.
However, Articles 8 and 9 shall apply with effect from 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
The 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 name | Alpha-3 code | Common name |
|---|---|---|
| Clupea harengus | HER | Herring |
| Gadus morhua | COD | Cod |
| Pleuronectes platessa | PLE | Plaice |
| Salmo salar | SAL | Atlantic salmon |
| Sprattus sprattus | SPR | Sprat |
| Species: | Herring Clupea harengus | Zone: |
| --- | --- | --- |
| Finland | 129 923 | |
| Sweden | 28 547 | |
| Union | 158 470 | |
| TAC | 158 470 | |
| Species: | Herring Clupea harengus | Zone: |
| --- | --- | --- |
| Denmark | 3 115 | |
| Germany | 12 259 | |
| Finland | 2 | |
| Poland | 2 891 | |
| Sweden | 3 953 | |
| Union | 22 220 | |
| TAC | 22 220 | |
| Species: | Herring Clupea harengus | Zone: |
| --- | --- | --- |
| Denmark | 3 596 | |
| Germany | 953 | |
| Estonia | 18 363 | |
| Finland | 35 845 | |
| Latvia | 4 532 | |
| Lithuania | 4 772 | |
| Poland | 40 723 | |
| Sweden | 54 667 | |
| Union | 163 451 | |
| TAC | Not relevant | |
| Species: | Herring Clupea harengus | Zone: |
| --- | --- | --- |
| Estonia | 17 908 | |
| Latvia | 20 872 | |
| Union | 38 780 | |
| TAC | 38 780 | |
| Species | Cod Gadus morhua | Zone: |
| --- | --- | --- |
| Denmark | 11 814 | |
| Germany | 4 700 | |
| Estonia | 1 151 | |
| Finland | 904 | |
| Latvia | 4 393 | |
| Lithuania | 2 894 | |
| Poland | 13 603 | |
| Sweden | 11 969 | |
| Union | 51 429 | |
| TAC | Not relevant | |
| Species: | Cod Gadus morhua | Zone: |
| --- | --- | --- |
| Denmark | 6 941 | |
| Germany | 3 393 | |
| Estonia | 154 | |
| Finland | 136 | |
| Latvia | 574 | |
| Lithuania | 372 | |
| Poland | 1 857 | |
| Sweden | 2 473 | |
| Union | 15 900 | |
| TAC | 15 900 | |
| Species: | Plaice Pleuronectes platessa | Zone: |
| --- | --- | --- |
| Denmark | 2 443 | |
| Germany | 271 | |
| Poland | 511 | |
| Sweden | 184 | |
| Union | 3 409 | |
| TAC | 3 409 | |
| Species: | Atlantic salmon Salmo salar | Zone: |
| --- | --- | --- |
| Denmark | 19 879 (1) | |
| Germany | 2 212 (1) | |
| Estonia | 2 020 (1) | |
| Finland | 24 787 (1) | |
| Latvia | 12 644 (1) | |
| Lithuania | 1 486 (1) | |
| Poland | 6 030 (1) | |
| Sweden | 26 870 (1) | |
| Union | 95 928 (1) | |
| TAC | Not relevant | |
| (1) Expressed by number of individual fish. | ||
| Species: | Atlantic salmon Salmo salar | Zone: |
| --- | --- | --- |
| Estonia | 1 344 (1) | |
| Finland | 11 762 (1) | |
| Union | 13 106 (1) | |
| TAC | Not relevant | |
| (1) Expressed by number of individual fish. |
| Species: | Sprat Sprattus sprattus | Zone: | Union waters of Subdivisions 22-32 SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.; SPR/3D32. |
| --- | --- | --- | --- | | Denmark | 21 068 | | | | Germany | 13 347 | | | | Estonia | 24 465 | | | | Finland | 11 029 | | | | Latvia | 29 548 | | | | Lithuania | 10 689 | | | | Poland | 62 706 | | | | Sweden | 40 729 | | | | Union | 213 581 | | | | TAC | Not relevant | | Analytical TAC |
ANNEX II
1.Member States shall allocate the right to fishing 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 fishing 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 the right to additional days absent from port to fishing vessels flying its flag, where an equal amount of days absent from port is withdrawn from other fishing 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 fishing vessels is equal to, or larger than, that of the receiving fishing vessels. The number of receiving fishing vessels may not exceed 15 % of the total number of fishing vessels of the Member State concerned, as indicated in point 1.