26.1.2010 Official Journal of the European Union L21/1 (Legislative acts) REGULATIONS COUNCIL REGULATION (EU) No 23/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof, Having regard to Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (), and in particular Article 11 thereof, Having regard to the proposal from the European Commission, Whereas: 1 ) ) According to Article 43(3) of the Treaty, the Council, on a proposal from the Commission, shall adopt measures on the fixing and allocation of fishing opportunities. Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (?) requires the Council to establish measures governing access to waters and resources and the sustainable pursuit of fishing activities, taking into account available scientific, technical and economic advice and in particular reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF). It is incumbent upon the Council to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be distributed among Mem- ber States in such a way as to assure each Member State OJ L 348, 24.12.2008, p. 20. OJ L 358, 31.12.2002, p. 59. 0) relative stability of fishing activities for each stock or fish- ery and having due regard to the objectives of the Com- mon Fisheries Policy established in Regulation (EC) No 2371/2002. Moreover, in order for the fishing oppor- tunities to be optimal and applied in an effective way, cer- tain conditions essential to and functionally linked to them should be fixed. The TACs should be established on the basis of the avail- able scientific advice and by taking into account the bio- logical and socio-economic aspects whilst ensuring fair treatment between fishing sectors. In this regard, it is nec- essary to take account of the opinions expressed during the consultation of stakeholders, in particular at the meeting on 23 July 2009 with the Advisory Committee for Fisher- ies and Aquaculture, the concerned Regional Advisory Councils and Member States and on 29 September 2009 with the Advisory Committee for Fisheries and Aquacul- ture and the concerned Regional Advisory Councils. For stocks subject to specific multiannual plans, the TACs should be established in accordance with the rules laid down in those plans. Consequently, the TACs for stocks of hake, of Norway lobster, of sole in the Bay of Biscay, the Western Channel and the North Sea, of plaice in the North Sea, of herring to the west of Scotland and of cod in the Kattegat, North Sea, Skagerrak, eastern Channel, to the west of Scotland and in the Irish Sea should be established in accordance with the rules laid down in Council Regula- tion (EC) No 811/2004 of 21 April 2004 establishing mea- sures for the recovery of the Northern hake stock (3), OJ L 150, 30.4.2004, p. 1.