13. 12. 96 Official Journal of the European Communities No L 323/1 (Acts whose publicarion is obligatory) COUNCIL REGULATION (EC) No 2366/96 of 6 December 1996 amending for the fifth time Regulation (EC) No 3074/95 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1996 and certain conditions under which they may be fished THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture ('), and in particular Article 8 (4) thereof, Having regard to the proposal from the Commission, Whereas, under Article 8 (4) of Regulation (EEC) No 3760/92, it is incumbent upon the Council to es- tablish the total allowable catches (TACs) by fishery or group of fisheries; Whereas Regulation (EC) No 3074/95 (3 fixes, for certain fish stocks and groups of fish stocks, the TACs for 1996 and certain conditions under which they may be fished; Whereas the state of the stocks of herring in zone VII g, h, j, k and of haddock in zones VII, VIII, IX, X and CECAF 34.1.1 (Community waters) allows TACs to be increased without endangering the future management of these resources; Whereas, within the framework of bilateral consultations between the Community and Poland, the Community share for Baltic sprat has been increased; Whereas Regulation (EC) No 3074/95 should therefore be amended, HAS ADOPTED THIS REGULATION: Article 1 The Annex to this Regulation shall replace the corres- ponding elements of the Annex to Regulation (EC) No 3074/95. Article 2 This Regulation shall enter into force on the day fol- lowing that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 December 1996. For the Council The President D. SPRING (") OJ No L 389, 31. 12. 1992, p. 1. Regulation as amended by the 1994 Act of Accession. () OJ No L 330, 30. 12. 1995, p. 1. Regulation as last amended by Regulation (EC) No 1952/96 (OJ No L 258, 11. 10. 1996, 1). p.