19.8.2009 Official Journal of the European Union L 2141 | (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 753/2009 of 27 July 2009 amending Regulation (EC) No 43/2009, as regards fishing opportunities and associated conditions for certain fish stocks THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable ex- ploitation of fisheries resources under the Common Fisheries Policy ("), and in particular Article 20 thereof, Having regard to Council Regulation (EC) No 13422008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (3), and in particular Article 12 thereof, Having regard to Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean (%), and in particular Article 9, paragraphs (3), (4), (5), (7), (8), (9) and (10) thereof, Having regard to the proposal from the Commission, Whereas: (1)  Council Regulation (EC) No 43/2009 (¥ fixes for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required. () O] L 358, 31.12.2002, p. 59. () O] L 348, 24.12.2008, p. 20. () O] L 96, 15.4.2009, p. 1. (4 O] L 22, 26.1.2009, p. 1. (2)  Annex IIA to Regulation (EC) No 43/2009 lays down the rules for the management of fishing effort in the context of the long-term plan for the management of Cod stocks established in Regulation (EC) No 1342/2008 and in particular establishes, in Appendix 1 to that Annex, the maximum allowable effort in kW days for each Member State to be deployed in the concerned areas and with the concerned gear groupings. Having regard to Council Regulation (EC) No 754/2009 of excluding certain groups of vessels from the application of the effort regime laid down in Chapter III of Regulation (EC) No 1342/2008 (°), it is necessary to adjust the maximum allowable effort as laid down in Appendix 1 of Annex IIA to Regulation (EC) No 43/2009 by deducting for Spain 590 583 kW-days from effort group TR1 in area (d) and for Sweden 148 118 kW-days from effort group TR2 in geographical area (a) and 705 625 kW-days from effort group TR2 in geographical area (b). In view of the retroactive application of Regulation (EC) No 754/2009 from 1 February 2009, these adjustments should apply from that same date. (3)  According to Article 9 of Regulation (EC) No 302/2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, the Council is to determine and distribute among the Member States the maximum number of baitboats and trolling boats authorised to fish actively bluefin tuna in the Atlantic; of vessels fishing actively bluefin tuna in the Adriatic for farming purposes, and of the coastal artisanal baitboats, longliners and handliners fishing actively for fresh bluefin tuna in the Mediterranean. In addition, the Council is to decide on the allocation among Member States of the Community quota of bluefin tuna. The Community quota of undersized bluefin tuna is based on the Community quota allocated to the European Community by ICCAT Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean. (°) See page 16 of this Official Journal.