
CHAPTER I
Article 1 
This Regulation fixes the fishing opportunities for certain fish 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 the Baltic Sea.
Article 2 
This Regulation shall apply to EU vessels operating in the Baltic Sea.
Article 3 
For the purposes of this Regulation the following definitions shall apply:

((a)) International Council for the Exploration of the Sea (ICES) zones are 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 technical measures in the Baltic Sea, the Belts and the Sound;
((b)) ‘Baltic Sea’ means ICES Subdivisions 22-32;
((c)) ‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;
((d)) ‘total allowable catch’ (TAC) means the quantity that can be taken from each stock each year;
((e)) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;
((f)) ‘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 TACs, the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.
Article 5 

1. The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:
(a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b) 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;
(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
(e) deductions made pursuant to Articles 37, 105, 106 and 107 of Regulation (EC) No 1224/2009.
2. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC.
Article 6 
Fish from stocks for which catch limits are established shall be retained on board or landed only if:

((a)) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or
((b)) the catches consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.
Article 7 

1. Fishing effort limits are set out in Annex II.
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 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, unless the Commission has 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.
CHAPTER III
Article 8 
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 
Annex II to Regulation (EU) No 1124/2010 is replaced by the text appearing in Annex III to this Regulation.
Article 10 
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 2012.
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
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, 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
SpeciesHerringClupea harengus ZoneSubdivisions 30-31HER/3D30.; HER/3D31.
Finland 86 905 
Analytical TAC

Sweden 19 095
Union 106 000
TAC 106 000
SpeciesHerringClupea harengus ZoneSubdivisions 22-24HER/3B23.; HER/3C22.; HER/3D24.
Denmark 2 930 
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.

Germany 11 532
Finland 1
Poland 2 719
Sweden 3 718
Union 20 900
TAC 20 900
SpeciesHerringClupea harengus ZoneEU waters of Subdivisions 25-27, 28.2, 29 and 32HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32.
Denmark 1 725 
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.

Germany 457
Estonia 8 810
Finland 17 197
Latvia 2 174
Lithuania 2 289
Poland 19 537
Sweden 26 228
Union 78 417
TAC Not relevant
SpeciesHerringClupea harengus ZoneSubdivision 28.1HER/03D.RG
Estonia 14 120 
Analytical TAC

Latvia 16 456
Union 30 576
TAC 30 576
SpeciesCodGadus morhua ZoneEU waters of Subdivisions 25-32COD/3D25.; COD/3D26.; COD/3D27.; COD/3D28.; COD/3D29.; COD/3D30.; COD/3D31.; COD/3D32.
Denmark 15 587 
Analytical TAC

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 Not relevant
SpeciesCodGadus morhua ZoneSubdivisions 22-24COD/3B23.; COD/3C22.; COD/3D24.
Denmark 9 298 
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.

Germany 4 546
Estonia 206
Finland 183
Latvia 769
Lithuania 499
Poland 2 487
Sweden 3 312
Union 21 300
TAC 21 300
SpeciesPlaicePleuronectes platessa ZoneEU 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 2 070 
Precautionary TAC
Article 4 of Regulation (EC) No 847/96 does not apply.

Germany 230
Poland 433
Sweden 156
Union 2 889
TAC 2 889
SpeciesAtlantic salmonSalmo salar ZoneEU 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 25 396 
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.

Germany 2 826
Estonia 2 581
Finland 31 667
Latvia 16 153
Lithuania 1 899
Poland 7 704
Sweden 34 327
Union 122 553
TAC Not relevant

SpeciesAtlantic salmonSalmo salar ZoneEU waters of Subdivision 32SAL/3D32.
Estonia 1 581 
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.

Finland 13 838
Union 15 419
TAC Not relevant

SpeciesSprat and associated catchesSprattus sprattus ZoneEU 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 22 218 
Analytical TAC
Article 3 of Regulation (EC) No 847/96 does not apply.
Article 4 of Regulation (EC) No 847/96 does not apply.

Germany 14 076
Estonia 25 800
Finland 11 631
Latvia 31 160
Lithuania 11 272
Poland 66 128
Sweden 42 952
Union 225 237
TAC Not relevant

ANNEX II
1. 

((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.

ANNEX III


‘ANNEX II  1. 

((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.’.

