
CHAPTER I
Article 1 
This Regulation fixes fishing opportunities for 2009 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 

1. This Regulation shall apply to Community fishing vessels (Community vessels) 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 
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 subdivisions 22-32;
((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
Article 4 
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 

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 2010, 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 

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, and are not sorted either on board or on landing and the catches have been taken with trawls, Danish seines or similar gears of a mesh size less than 32 mm.
2. All landings shall count against the quota or, if the Community share has not been allocated among Member States by quotas, 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 

1. Fishing effort limits are set out in Annex II.
2. The limits referred to in paragraph 1 shall apply to ICES subdivisions 27 and 28.2, in so far as the Commission has not taken a decision in accordance with Article 29(2) of Regulation (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.
3. The limits referred to in paragraph 1 shall not apply to ICES subdivision 28.1, in so far as the Commission has not taken a decision in accordance with Article 29(4) of Regulation (EC) No 1098/2007 that the restrictions provided for in Article 8(1)(b), (3), (4) and (5) of Regulation (EC) No 1098/2007 shall apply to that subdivision.
Article 8 
Transitional technical measures are set out in Annex III.
CHAPTER III
Article 9 
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 
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 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 28 November 2008.
For the Council
The President
M. BARNIER
ANNEX I

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 FLX Flounder
Pleuronectes platessa PLE Plaice
Psetta maxima TUR Turbot
Salmo salar SAL Atlantic salmon
Sprattus sprattus SPR Sprat
SpeciesHerringClupea harengus ZoneSubdivisions 30-31HER/3D30.; HER/3D31.
Finland 67 777 
Sweden 14 892 
EC 82 669 
TAC 82 669 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.
SpeciesHerringClupea harengus ZoneSubdivisions 22-24HER/3B23.; HER/3C22.; HER/3D24.
Denmark 3 809 
Germany 14 994 
Poland 3 536 
Finland 2 
Sweden 4 835 
EC 27 176 
TAC 27 176 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.
SpeciesHerringClupea harengus ZoneEC waters of subdivisions 25-27, 28.2, 29 and 32HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32.
Denmark 3 159 
Germany 838 
Estonia 16 134 
Latvia 3 982 
Lithuania 4 192 
Poland 35 779 
Finland 31 493 
Sweden 48 032 
EC 143 609 
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.
SpeciesHerringClupea harengus ZoneSubdivision 28.1HER/03D.RG
Estonia 16 113 
Latvia 18 779 
EC 34 892 
TAC 34 892 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.
SpeciesCodGadus morhua ZoneEC waters of subdivisions 25-32COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
Denmark 10 241 
Germany 4 074 
Estonia 998 
Latvia 3 808 
Lithuania 2 509 
Poland 11 791 
Finland 784 
Sweden 10 375 
EC 44 580 
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.
SpeciesCodGadus morhua ZoneEC waters of subdivisions 22-24COD/3B23.; COD/3C22.; COD/3D24.
Denmark 7 130 
Germany 3 487 
Estonia 158 
Latvia 590 
Lithuania 383 
Poland 1 908 
Finland 140 
Sweden 2 541 
EC 16 337 
TAC 16 337 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.
SpeciesPlaicePleuronectes platessa ZoneEC waters of subdivisions 22-32PLE/3B23.; PLE/3C22.; PLE/3D24.; PLE/3D25.; PLE/3D26.; PLE/3D27.; PLE/3D28.; PLE/3D29.; PLE/3D30.; PLE/3D31.; PLE/3D32.
Denmark 2 179 
Germany 242 
Poland 456 
Sweden 164 
EC 3 041 
TAC 3 041 Precautionary TAC.Article 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5(2) of Regulation (EC) No 847/96 applies.
SpeciesAtlantic salmonSalmo salar ZoneEC waters of subdivisions 22-31SAL/3B23.; SAL/3C22.; SAL/3D24.; SAL/3D25.; SAL/3D26.; SAL/3D27.; SAL/3D28.; SAL/3D29.; SAL/3D30.; SAL/3D31.
Denmark 64 184 
Germany 7 141 
Estonia 6 523 
Latvia 40 824 
Lithuania 4 799 
Poland 19 471 
Finland 80 033 
Sweden 86 758 
EC 309 733 
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.

SpeciesAtlantic salmonSalmo salar ZoneSubdivision 32SAL/3D32.
Estonia 1 581 
Finland 13 838 
EC 15 419 
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.

SpeciesSpratSprattus sprattus ZoneEC waters of subdivisions 22-32SPR/3B23.; SPR/3C22.; SPR/3D24.; SPR/3D25.; SPR/3D26.; SPR/3D27.; SPR/3D28.; SPR/3D29.; SPR/3D30.; SPR/3D31.; SPR/3D32.
Denmark 39 453 
Germany 24 994 
Estonia 45 813 
Latvia 55 332 
Lithuania 20 015 
Poland 117 424 
Finland 20 652 
Sweden 76 270 
EC 399 953 
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. 

((a)) 201 days absent from port in 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 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 defined in point 1(a) and (b) fishing with the gears referred to in point 1 may not exceed the maximum number of days allocated for one of the two areas.

ANNEX III
Transitional technical measures  1. 

Species Geographical area Period
Flounder (Platichthys flesus) Subdivisions 26 to 28, 29 south of 59°30′N 15 February to 15 May
Subdivision 32 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 than 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 point 1.
