HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 323/2
EN
Official Journal of the European Union
22.11.2012
REGULATIONS
COUNCIL REGULATION (EU) No 1088/2012
of 20 November 2012
fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable
in the Baltic Sea
THE COUNCIL OF THE EUROPEAN UNION,
(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
Having regard to the Treaty on the Functioning of the European
the Baltic Sea should be established in accordance with
Union, and in particular Article 43(3) thereof,
the rules laid down in Council Regulation (EC) No
1098/2007 of 18 September 2007 establishing a multi
annual plan for the cod stocks in the Baltic Sea and the
fisheries exploiting those stocks ( 2 ) (‘the Baltic Sea Cod
Having regard to the proposal from the European Commission,
Plan’).
Whereas:
(5) In
the
light
of
the
most
recent
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
(1) Council
Regulation
(EC)
No
2371/2002
of
20
December
an increase in fishing mortality. Such flexibility would
2002 on the conservation and sustainable exploitation of
allow for more efficient management of the fishing
fisheries resources under the common fisheries policy ( 1 )
effort where quotas are not allocated equally among
requires that measures governing access to waters and
the fleet of a Member State and would facilitate swift
resources and the sustainable pursuit of fishing activities
reactions to quota exchanges. A Member State should,
be established taking into account available scientific,
therefore, be allowed to allocate to vessels flying its flag
technical and economic advice and, in particular, the
additional days absent from port where an equal amount
report drawn up by the Scientific, Technical and
of days absent from port is withdrawn from other vessels
Economic Committee for Fisheries (STECF) as well as in
flying the flag of that Member State.
the light of any advice received from Regional Advisory
Councils.
(6) The
use
of
fishing
opportunities
as
set
out
in
this
Regu
(2) It
is
incumbent
upon
the
Council
to
adopt
measures
on
lation should be subject to Council Regulation (EC) No
the fixing and allocation of fishing opportunities by
1224/2009 of 20 November 2009 establishing a
fishery or group of fisheries, including certain conditions
Community control system for ensuring compliance
functionally linked thereto, as appropriate. Fishing oppor
with the rules of the common fisheries policy ( 3 ), and
tunities should be distributed among Member States in
in particular provisions concerning the recording of
such a way as to assure each Member State relative
catches and fishing effort and the information on data
stability of fishing activities for each stock or fishery
on the exhaustion of fishing opportunities. It is therefore
with due regard to the objectives of the common
necessary to specify the codes relating to landings of
fisheries policy established in Regulation (EC) No
stocks subject to this Regulation which are to be used
2371/2002.
by the Member States when sending data to the
Commission.
(3) The
total
allowable
catches
(TACs)
should
be
established
on the basis of the available scientific advice, taking into
(7) In
accordance
with
Council
Regulation
(EC)
No
847/96
account biological and socioeconomic aspects whilst
of 6 May 1996 introducing additional conditions for
ensuring fair treatment between fishing sectors, as well
year-to-year management of TACs and quotas ( 4 ), the
as in the light of opinions expressed during the consul
stocks that are subject to the various measures referred
tation of stakeholders, in particular at meetings with the
to therein must be identified.
Advisory Committee on Fisheries and Aquaculture and
the Regional Advisory Councils concerned.
( 2 ) OJ L 248, 22.9.2007, p. 1.
( 3 ) OJ L 343, 22.12.2009, p. 1.
( 1 ) OJ L 358, 31.12.2002, p. 59.
( 4 ) OJ L 115, 9.5.1996, p. 3.

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EN
22.11.2012 Official
Journal
of
the
European
Union
L
323/3
(8) In
order
to
avoid
interruption
of
fishing
activities
and
to
CHAPTER II
ensure the livelihoods of Union fishermen, it is important
to open the fisheries in question as from 1 January 2013.
FISHING OPPORTUNITIES
For reasons of urgency, this Regulation should enter into
Article 4
force immediately after its publication,
TACs and allocations
The TACs, the quotas and the conditions functionally linked
HAS ADOPTED THIS REGULATION:
thereto, where appropriate, are set out in Annex I.
Article 5
CHAPTER I
Special provisions on allocations
GENERAL PROVISIONS
1. The
allocation
of
fishing
opportunities
among
Member
Article 1
States as set out in this Regulation shall be without prejudice to:
Subject matter
(a) exchanges made pursuant to Article 20(5) of Regulation
This Regulation fixes the fishing opportunities for certain fish
(EC) No 2371/2002;
stocks and groups of fish stocks in the Baltic Sea for 2013.
(b) reallocations made pursuant to Article 37 of Regulation (EC)
No 1224/2009;
Article 2
Scope
(c) additional landings allowed under Article 3 of Regulation
(EC) No 847/96;
This Regulation shall apply to Union vessels operating in the
Baltic Sea.
(d) quantities withheld in accordance with Article 4 of Regu
lation (EC) No 847/96;
Article 3
(e) deductions made pursuant to Articles 37, 105, 106 and
Definitions
107 of Regulation (EC) No 1224/2009.
For the purposes of this Regulation the following definitions
shall apply:
2. Except
where
otherwise
specified
in
Annex
I
to
this
Regu
lation, 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
(a) ‘International Council for the Exploration of the Sea (ICES)
an analytical TAC.
zones’ means the geographical areas specified in Annex I to
Council Regulation (EC) No 2187/2005 of 21 December
2005 for the conservation of fishery resources through
Article 6
technical measures in the Baltic Sea, the Belts and the
Conditions for landing catches and by-catches
Sound ( 1 );
Fish from stocks for which catch limits are established shall be
retained on board or landed only if the catches have been taken
by vessels of a Member State having a quota and that quota is
(b) ‘Baltic Sea’ means ICES Subdivisions 22-32;
not exhausted.
Article 7
(c) ‘Union vessel’ means a fishing vessel flying the flag of a
Member State and registered in the Union;
Fishing effort limits
1. Fishing
effort
limits
are
set
out
in
Annex
II.
(d) ‘total allowable catch’ (TAC) means the quantity that can be
taken from each stock each year;
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
(e) ‘quota’ means a proportion of the TAC allocated to the
restrictions provided for in Article 8(1)(b), Article 8(3), (4)
Union, a Member State or a third country;
and (5), and Article 13 of that Regulation.
3. The
limits
referred
to
in
paragraph
1
shall
not
apply
to
(f) ‘day absent from port’ means any continuous period of 24
ICES Subdivision 28.1, unless the Commission has taken a
hours or part thereof during which a vessel is absent from
decision in accordance with Article 29(4) of Regulation (EC)
port.
No 1098/2007 that the restrictions provided for in
Article 8(1)(b), and Article 8(3), (4) and (5) of Regulation (EC)
( 1 ) OJ L 349, 31.12.2005, p. 1.
No 1098/2007 shall apply to that Subdivision.

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L 323/4
EN
Official Journal of the European Union
22.11.2012
CHAPTER III
FINAL PROVISIONS
Article 8
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send the
Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set
out in Annex I to this Regulation.
Article 9
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 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 November 2012.
For the Council
The President
A. D. MAVROYIANNIS

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EN
22.11.2012 Official
Journal
of
the
European
Union
L
323/5
ANNEX I
TACs APPLICABLE TO UNION 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 3
617
Germany 14
234
Finland
2
Poland 3
357
Sweden 4
590
Union 25
800
TAC
Analytical TAC
25
800
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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L 323/6
EN
Official Journal of the European Union
22.11.2012
Species: Herring
Zone: Union
waters
of
Subdivisions
25-27,
28.2,
29
and
32
Clupea harengus
HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.2;
HER/3D29.; HER/3D32.
Denmark 1
984
Germany 526
Estonia 10
131
Finland 19
776
Latvia 2
500
Lithuania 2
633
Poland 22
468
Sweden 30
162
Union 90
180
TAC
Analytical TAC
Not
relevant

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: Union
waters
of
Subdivisions
25-32
Gadus morhua
COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.;
COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
Denmark 14
143
Germany 5
626
Estonia 1
378
Finland 1
082
Latvia 5
259
Lithuania 3
464
Poland 16
285
Sweden 14
328
Union 61
565
TAC
Analytical TAC
Not
relevant

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EN
22.11.2012 Official
Journal
of
the
European
Union
L
323/7
Species: Cod
Zone: Subdivisions
22-24
Gadus morhua
COD/3B23.; COD/3C22.; COD/3D24.
Denmark 8
749
Germany 4
277
Estonia 194
Finland 172
Latvia 724
Lithuania 469
Poland 2
341
Sweden 3
117
Union 20
043
TAC
Analytical TAC
20
043
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: Union
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
443
Germany 271
Poland 511
Sweden 184
Union 3
409
TAC
Precautionary TAC
3
409

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L 323/8
EN
Official Journal of the European Union
22.11.2012
Species: Atlantic
salmon
Zone: Union
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 22
538
( 1 )
Germany 2
508
( 1 )
Estonia 2
291
( 1 )
Finland 28
103
( 1 )
Latvia 14
335
( 1 )
Lithuania 1
685
( 1 )
Poland 6
837
( 1 )
Sweden 30
465
( 1 )
Union
108 762 ( 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.
Species: Atlantic
salmon
Zone: Union
waters
of
Subdivision
32
Salmo salar
SAL/3D32.
Estonia 1
581
( 1 )
Finland 13
838
( 1 )
Union 15
419
( 1 )
TAC
Precautionary TAC
Not
relevant

______________
( 1 ) Expressed by number of individual fish.

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EN
22.11.2012 Official
Journal
of
the
European
Union
L
323/9
Species: Sprat
Zone: Union
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 24
659
( 1 )
Germany 15
622
( 1 )
Estonia 28
634
( 1 )
Finland 12
908
( 1 )
Latvia 34
583
( 1 )
Lithuania 12
510
( 1 )
Poland 73
392
( 1 )
Sweden 47
670
( 1 )
Union 249
978
TAC
Analytical TAC
Not
relevant

______________
( 1 ) 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).
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 gear 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 15 % of the total number of vessels of the
Member State concerned, as indicated in point 1.

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