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
1. This Regulation shall apply to Community fishing vessels (Community vessels) and fishing vessels flying the flag of, and registered in, third countries operating in the Baltic Sea.
2. By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State concerned and of which the Commission and the Member State in whose waters the research is carried out have been informed in advance.
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:
(a)
the International Council for the Exploration of the Sea (ICES) zones are as defined in Regulation (EEC) No 3880/91;
(b)
‘Baltic Sea’ means ICES Divisions IIIb, IIIc and IIId;
(c)
‘total allowable catch (TAC)’ means the quantity that can be taken from each stock each year;
(d)
‘quota’ means a proportion of the TAC allocated to the Community, a Member State or a third country;
(e)
‘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
1. The allocation of catch limits among Member States, as set out in Annex I, shall be without prejudice to:
(a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;
(c)
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
(d)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
(e)
deductions made pursuant to Article 5 of Regulation (EC) No 847/96.
2. For the purpose of withholding quotas to be transferred to 2009, Article 4(2) of Regulation (EC) No 847/96 may apply, by way of derogation from that Regulation, to all stocks subject to analytical TAC.
Article 6 -
Conditions for catches and by-catches
1. Fish from stocks for which catch limits are fixed shall only be retained on board or landed if:
(a)
the catches have been taken by vessels of a Member State with a quota and that quota has not been exhausted; or
(b)
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.
2. All landings shall count against the quota or against the Community share, except for catches made under paragraph 1(b).
3. Where the quota for herring allocated to a Member State is exhausted, vessels flying the flag of that Member State, registered in the Community and operating in the fisheries to which the relevant quota applies shall not land catches that are unsorted and that contain herring.
4. Where the quota for sprat allocated to a Member State is exhausted, vessels flying the flag of that Member State, registered in the Community and operating in the fisheries to which the relevant quota applies, shall not land catches that are unsorted and that contain sprat.
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.
