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3.12.2011 Official
Journal
of
the
European
Union L
320/3
REGULATIONS
COUNCIL REGULATION (EU) No 1256/2011
of 30 November 2011
fixing for 2012 the fishing opportunities for certain fish stocks and groups of fish stocks applicable
in the Baltic Sea and amending Regulation (EU) No 1124/2010
THE COUNCIL OF THE EUROPEAN UNION,
ensuring fair treatment between fishing sectors, as well as
in light of the opinions expressed during the consultation
of stakeholders, in particular at the meetings with the
Advisory Committee on Fisheries and Aquaculture and
Having regard to the Treaty on the Functioning of the European
the Regional Advisory Councils concerned.
Union, and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
(5) For
stocks
subject
to
specific
multiannual
plans,
the
fishing opportunities should be established in accordance
with the rules laid down in those plans. Consequently,
Whereas:
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 1098/2007 of 18 September 2007 establishing a
(1)
Article 43(3) of the Treaty provides that the Council, on
multiannual plan for the cod stocks in the Baltic Sea
a proposal from the Commission, is to adopt measures
and the fisheries exploiting those stocks ( 2 ) (‘the Baltic
on the fixing and allocation of fishing opportunities.
Sea Cod Plan’).
(2) Council
Regulation
(EC)
No
2371/2002
of
20
December
2002 on the conservation and sustainable exploitation of
fisheries resources under the Common Fisheries Policy (
(6) In
the
light
of
the
most
recent
scientific
advice,
flexibility

1 )
requires that measures governing access to waters and
in the management of the fishing effort for cod stocks in
the Baltic Sea can be introduced without jeopardising the
resources and the sustainable pursuit of fishing activities
be established taking into account available scientific,
objectives of the Baltic Sea Cod Plan and without
technical and economic advice and, in particular, the
resulting in an increase in fishing mortality. Such flexi
report drawn up by the Scientific, Technical and
bility would allow for a more efficient management of
Economic Committee for Fisheries (STECF), as well as
the fishing effort where quotas are not allocated equally
in the light of any advice received from Regional
among the fleet of a Member State and would facilitate
Advisory Councils.
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
(3) It
is
incumbent
upon
the
Council
to
adopt
measures
on
withdrawn from other vessels flying the flag of that
the fixing and allocation of fishing opportunities by
Member State.
fishery or group of fisheries, including certain conditions
functionally linked thereto, as appropriate. Fishing oppor
tunities 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
(7)
In the light of the most recent scientific advice, it is
and having due regard to the objectives of the
appropriate to introduce such flexibility in the
Common Fisheries Policy established in Regulation (EC)
management of the fishing effort for cod stocks in the
No 2371/2002.
Baltic Sea already in 2011. Consequently, Annex II to
Council Regulation (EU) No
1124/2010 of
29 November 2010 fixing for 2011 the fishing oppor
tunities for certain fish stocks and groups of fish stocks
(4) The
total
allowable
catches
(TACs)
should
be
established
applicable in the Baltic Sea ( 3 ) should be amended
on the basis of available scientific advice, taking into
accordingly.
account biological and socioeconomic aspects whilst
( 2 ) OJ L 248, 22.9.2007, p. 1.
( 1 ) OJ L 358, 31.12.2002, p. 59.
( 3 ) OJ L 318, 4.12.2010, p. 1.

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L 320/4
EN
Official Journal of the European Union
3.12.2011
(8) The
use
of
fishing
opportunities
set
out
in
this
Regu
(a) International Council for the Exploration of the Sea (ICES)
lation should be subject to Council Regulation (EC)
zones are the geographical areas specified in Annex I to
No 1224/2009 of 20 November 2009 establishing a
Council Regulation (EC) No 2187/2005 of 21 December
Community control system for ensuring compliance
2005 for the conservation of fishery resources through
with the rules of the common fisheries policy ( 1 ) and
technical measures in the Baltic Sea, the Belts and the
in particular to Articles 33 and 34 thereof concerning
Sound ( 3 );
respectively the recording of catches and fishing effort
and the information on data on the exhaustion of
fishing opportunities. It is therefore necessary to specify
(b) ‘Baltic Sea’ means ICES Subdivisions 22-32;
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.
(c) ‘EU vessel’ means a fishing vessel flying the flag of a
Member State and registered in the Union;
(9) In
accordance
with
Article
2
of
Council
Regulation
(EC)
No 847/96 of 6 May 1996 introducing additional
(d) ‘total allowable catch’ (TAC) means the quantity that can be
conditions for year-to-year management of TACs and
taken from each stock each year;
quotas ( 2 ), the stocks that are subject to the various
measures referred to therein must be identified.
(e) ‘quota’ means a proportion of the TAC allocated to the
Union, a Member State or a third country;
(10) In
order
to
avoid
the
interruption
of
fishing
activities
and
to ensure the livelihood of Union fishermen, it is
(f) ‘day absent from port’ means any continuous period of 24
important to open those fisheries on 1 January 2012.
hours or part thereof during which the vessel is absent from
However, since Regulation (EU) No 1124/2010 applies
port.
from 1 January 2011, the provisions of the present
Regulation allowing flexibility in the management of
the fishing effort for cod stocks in the Baltic Sea
CHAPTER II
should apply from 1 January 2011. For reasons of
urgency, this Regulation should enter into force
FISHING OPPORTUNITIES
immediately after its publication,
Article 4
TACs and allocations
HAS ADOPTED THIS REGULATION:
The TACs, the allocation of such TACs among Member States,
and the conditions functionally linked thereto, where appro
priate, are set out in Annex I.
CHAPTER I
SCOPE AND DEFINITIONS
Article 5
Article 1
Special provisions on allocations
Subject matter
1. The
allocation
of
fishing
opportunities
among
Member
This Regulation fixes the fishing opportunities for certain fish
States as set out in this Regulation shall be without prejudice to:
stocks and groups of fish stocks in the Baltic Sea for 2012 and
amends Regulation (EU) No
1124/2010 as regards the
management of the fishing effort in respect of cod stocks in
(a) exchanges made pursuant to Article 20(5) of Regulation
the Baltic Sea.
(EC) No 2371/2002;
Article 2
(b) reallocations made pursuant to Article 37 of Regulation (EC)
No 1224/2009;
Scope
This Regulation shall apply to EU vessels operating in the Baltic
(c) additional landings allowed under Article 3 of Regulation
Sea.
(EC) No 847/96;
Article 3
(d) quantities withheld in accordance with Article 4 of Regu
Definitions
lation (EC) No 847/96;
For the purposes of this Regulation the following definitions
shall apply:
(e) deductions made pursuant to Articles 37, 105, 106 and
107 of Regulation (EC) No 1224/2009.
( 1 ) OJ L 343, 22.12.2009, p. 1.
( 2 ) OJ L 115, 9.5.1996, p. 3.
( 3 ) OJ L 349, 31.12.2005, p. 1.

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EN
3.12.2011 Official
Journal
of
the
European
Union L
320/5
2. Except
where
otherwise
specified
in
Annex
I
to
this
Regu
decision in accordance with Article 29(4) of Regulation (EC)
lation, Article 3 of Regulation (EC) No 847/96 shall apply to
No 1098/2007 that the restrictions provided for in
stocks subject to precautionary TAC and Article 3(2) and (3)
Article 8(1)(b), (3), (4) and (5) of Regulation (EC)
and Article 4 of that Regulation shall apply to stocks subject to
No 1098/2007 shall apply to that Subdivision.
analytical TAC.
Article 6
CHAPTER III
Conditions for landing catches and by-catches
FINAL PROVISIONS
Fish from stocks for which catch limits are established shall be
Article 8
retained on board or landed only if:
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC)
(a) the catches have been taken by vessels of a Member State
No 1224/2009, Member States send the Commission data
having a quota and that quota is not exhausted; or
relating to landings of quantities of stocks caught, they shall
use the stock codes set out in Annex I to this Regulation.
(b) the catches consist of a share in a Union quota which has
not been allocated by quota among Member States, and that
Article 9
Union quota has not been exhausted.
Amendment to Regulation (EU) No 1124/2010
Article 7
Annex II to Regulation (EU) No 1124/2010 is replaced by the
text appearing in Annex III to this Regulation.
Fishing effort limits
1. Fishing
effort
limits
are
set
out
in
Annex
II.
Article 10
2. The
limits
referred
to
in
paragraph
1
shall
also
apply
to
Entry into force
ICES Subdivisions 27 and 28.2, unless the Commission has
This Regulation shall enter into force on the day following its
taken a decision in accordance with Article 29(2) of Regulation
publication in the Official Journal of the European Union.
(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.
It shall apply from 1 January 2012.
3. The
limits
referred
to
in
paragraph
1
shall
not
apply
to
ICES Subdivision 28.1, unless the Commission has taken a
However, Article 9 shall apply from 1 January 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2011.
For the Council
The President
J. VINCENT-ROSTOWSKI

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L 320/6
EN
Official Journal of the European Union
3.12.2011
ANNEX I
TACS APPLICABLE TO EU VESSELS IN AREAS WHERE TACS 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, and
conditions functionally linked thereto, where appropriate.
The references to fishing zones are references to ICES zones, unless otherwise specified.
Within each area, 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 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
Zone: Subdivisions
30-31
Clupea harengus
HER/3D30.; HER/3D31.
Finland 86
905
Sweden 19
095
Union 106
000
TAC
Analytical TAC
106
000

Species: Herring
Zone: Subdivisions
22-24
Clupea harengus
HER/3B23.; HER/3C22.; HER/3D24.
Denmark 2
930
Germany 11
532
Finland
1
Poland 2
719
Sweden 3
718
Union 20
900
TAC
Analytical TAC
20
900
Article 3 of Regulation (EC) No 847/96 does not
apply.
Article 4 of Regulation (EC) No 847/96 does not
apply.

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EN
3.12.2011 Official
Journal
of
the
European
Union L
320/7
Species: Herring
Zone: EU
waters
of
Subdivisions
25-27,
28.2,
29
and
32
Clupea harengus
HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.;
HER/3D32.
Denmark 1
725
Germany 457
Estonia 8
810
Finland 17
197
Latvia 2
174
Lithuania 2
289
Poland 19
537
Sweden 26
228
Union 78
417
TAC
Analytical TAC
Not
relevant
Article 3 of Regulation (EC) No 847/96 does not
apply.
Article 4 of Regulation (EC) No 847/96 does not
apply.
Species: Herring
Zone: Subdivision
28.1
Clupea harengus
HER/03D.RG
Estonia 14
120
Latvia 16
456
Union 30
576
TAC
Analytical TAC
30
576

Species: Cod
Zone: EU
waters
of
Subdivisions
25-32
Gadus morhua
COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.;
COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
Denmark 15
587
Germany 6
200
Estonia 1
519
Finland 1
193
Latvia 5
795
Lithuania 3
818
Poland 17
947
Sweden 15
791
Union 67
850
TAC
Analytical TAC
Not
relevant

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L 320/8
EN
Official Journal of the European Union
3.12.2011
Species: Cod
Zone: Subdivisions
22-24
Gadus morhua
COD/3B23.; COD/3C22.; COD/3D24.
Denmark 9
298
Germany 4
546
Estonia 206
Finland 183
Latvia 769
Lithuania 499
Poland 2
487
Sweden 3
312
Union 21
300
TAC
Analytical TAC
21
300
Article 3 of Regulation (EC) No 847/96 does not
apply.
Article 4 of Regulation (EC) No 847/96 does not
apply.
Species: Plaice
Zone: EU
waters
of
Subdivisions
22-32
Pleuronectes platessa
PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.;
PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.;
PLE/3D32.
Denmark 2
070
Germany 230
Poland 433
Sweden 156
Union 2
889
TAC
Precautionary TAC
2
889
Article 4 of Regulation (EC) No 847/96 does not
apply.
Species: Atlantic
salmon
Zone: EU
waters
of
Subdivisions
22-31
Salmo salar
SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.;
SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31.
Denmark 25
396
( 1 )
Germany 2
826
( 1 )
Estonia 2
581
( 1 )
Finland 31
667
( 1 )
Latvia 16
153
( 1 )
Lithuania 1
899
( 1 )
Poland 7
704
( 1 )
Sweden 34
327
( 1 )
Union 122
553
( 1 )
TAC
Analytical TAC
Not
relevant
Article 3 of Regulation (EC) No 847/96 does not
apply.
Article 4 of Regulation (EC) No 847/96 does not
apply.
______________
( 1 ) Expressed by number of individual fish.

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EN
3.12.2011 Official
Journal
of
the
European
Union L
320/9
Species: Atlantic
salmon
Zone: EU
waters
of
Subdivision
32
Salmo salar
SAL/3D32.
Estonia 1
581
( 1 )
Finland 13
838
( 1 )
Union 15
419
( 1 )
Analytical TAC
TAC Not
relevant
Article 3 of Regulation (EC) No 847/96 does not
apply.
Article 4 of Regulation (EC) No 847/96 does not
apply.
______________
( 1 ) Expressed by number of individual fish.
Species: Sprat
and
associated
catches
Zone: EU
waters
of
Subdivisions
22-32
Sprattus sprattus
SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.;
SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.;
SPR/3D32.
Denmark 22
218
Germany 14
076
Estonia 25
800
Finland 11
631
Latvia 31
160
Lithuania 11
272
Poland 66
128
Sweden 42
952
Union 225
237
( 1 )
TAC
Analytical TAC
Not
relevant
Article 3 of Regulation (EC) No 847/96 does not
apply.
Article 4 of Regulation (EC) No 847/96 does not
apply.
______________
( 1 ) At least 92 % of landings counted against the TAC must be of sprat. By-catches of herring are to be counted against the remaining 8 %
of the TAC.

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L 320/10
EN
Official Journal of the European Union
3.12.2011
ANNEX II
FISHING EFFORT LIMITS
1. 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) 163 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) 160 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 gears specified in point 1 may not exceed the maximum number of
days absent from port allocated for one of these 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 10 % of the total number of vessels of the
Member State concerned, as indicated in point 1.

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EN
3.12.2011 Official
Journal
of
the
European
Union L
320/11
ANNEX III
‘ANNEX II
FISHING EFFORT LIMITS
1. 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) 163 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) 160 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 gears specified in point 1 may not exceed the maximum number of
days absent from port allocated for one of these 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 10 % of the total number of vessels of the
Member State concerned, as indicated in point 1.’.

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