8. 8. 96 Official Journal of the European Communities No L 198/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1602/96 of 25 July 1996 fixing special management measures for North Sea herring and amending Regulation (EC) No 3074/95 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 (') as amended by the 1994 Act of Accession, and in particular Article 8 (4) thereof, Whereas the most recent scientific information, and in particular the report of the Advisory Committee for Fisheries Management of the International Council for the Exploration of the Sea, indicates that the stock of herring in the North Sea is outside safe biological limits, that the present fishing mortality is more than double the level considered to be sustainable and that recent recruit- ment of young fish to the stock is not sufficient to replenish the stock at present exploitation levels; Whereas, according to scientific advice from the above- mentioned sources, it is necessary to take rapid action to rebuild the stock and to reduce fishing mortality; whereas these measures should consist of a reduction of the catch of herring by fleets landing herring for human consump- tion in 1996 to half the present figure of total allowable catch (TAC) and of a decrease by 50 % of the fishing mortality of herring caught as a by-catch by other fleets in 1996; Whereas, in accordance with the procedure provided in Articles 2 and 7 of the Agreement on Fisheries between the European Economic Community and the Kingdom of Norway (), the Community and Norway have held consultations concerning the measures which fall within their remit to be taken for North Sea herring; whereas these consultations have been successfully concluded and measures have been agreed; Whereas the Commission has already implemented in its Regulation (EC) No 1265/96(}) of 1 July 1996 estab- () OJ No L 389, 31. 12. 1992, p. 1. () OJ No L 226, 29. 8. 1980, p. 48. () O] No L 163, 2. 7. 1996, p. 24. lishing urgent conservation measures to protect the stock of North Sea Herring such measures under powers dele- gated to it in accordance with Article 15 of Regulation (EEC) No 3760/92; Whereas additional, complementary measures are also required to support the measures already implemented; whereas these additional measures should include reduc- tion in the TAC for sparts in the North Sea, specification of conditions to be implemented when limits on by-catch are reached and of conditions governing the catching, recording and landing of herring in certain areas; Whereas it is appropriate to merge these measures and those stipulated in Regulation (EC) No 1265/96 in a single act and to repeal the said Regulation; Whereas Regulation (EC) No 3074/95 (*) fixes, for certain stocks and group of stocks, the TACs, their allocation to Member States and certain conditions under which they may be fished; whereas certain of its provisions should be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Member States where landings occur of herring unsorted from the remainder of the catch shall ensure that adequate sampling systems are in place in order to monitor effectively all landings of by-catches of herring. It shall be prohibited to land in harbours where such a sampling system is not in place catches of fish containing unsorted herring. () OJ No L 330, 30. 12. 1995, p. 1. Regulation as last amended by Regulation (EC) No 1088/96 (O] No L 144, 18. 6. 1996, p. 1).