9.5 96 Official Journal of the European Communities No L 115/3 COUNCIL REGULATION (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parli- ament (%), Whereas, in addition to the provisions listed in Article 4 (2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (), it is necessary to lay down conditions for the pursuit of exploitation activities which would improve the mechanisms at present available by the introduction of the appropriate year-to-year flexibility in the management of total allowable catches (TACs) and quotas which, within certain limits, is compatible with conservation policies; Whereas, pursuant to Article 8 of Regulation (EEC) No 3760/92, it is for the Council to establish the fishing availabilities to be allocated to Member States and to determine the conditions for adjusting these availabilities from one year to the next; Whereas stocks subject to precautionary or analytical TACs need to be defined; Whereas permitted landings from a stock, for the purpose of this Regulation, need to be defined; Whereas, under certain conditions, precautionary TACs and quotas for certain stocks may be revised upwards during the year with negligible danger of undermining the principle of rational and responsible exploitation of marine resources; Whereas it is appropriate to encourage Member States to transfer part of their quotas of stocks subject to analytical TAC from one year to another within certain limits; Whereas other stocks subject to either an analytical or a precautionary TAC may be known to be in a state of exploitation such that any increase in the TAC is undesi- rable; () OJ No C 382, 31. 12. 1994, p. 4. () OJ No C 249, 25. 9. 1995, p. 84. () OJ No L 389, 31. 12. 1992, p. 1. Regulation as last amended by the 1994 Act of Accession. Whereas overfishing of quotas should be penalized; whereas this can be achieved by imposing appropriate reductions in the following year’s quota on the Member States responsible for the overfishing; whereas, in accor- dance with Article 23 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (¥, the Council is to adopt rules by which the Commission may operate deductions from the quotas when overfishing has taken place, taking into account the degree of the overfi- shing, any cases of overfishing in the previous year and the biological status of the resources concerned, HAS ADOPTED THIS REGULATION: Article 1 1. Precautionary TACs shall apply to stocks for which no scientifically-based evaluation of fishing possibilities is available specifically for the year in which the TACs are to be set; analytical TACs shall apply otherwise. 2.  For the purpose of this Regulation, permitted landings from a stock shall consist, for a given Member State, of the quota allocated by the Council on the basis of Article 8 (4) of Regulation (EEC) No 3760/92, as modi- fied by: — the exchanges made on the basis of Article 9 of Regu- lation (EEC) No 3760/92, — the compensation envisaged by Article 21 (4) of Regu- lation (EEC) No 2847/93, — the quantities withheld on the basis of Article 4 (2) of this Regulation, and — the deductions envisaged by Article 5 of this Regula- tion. ’ Article 2 When fixing TACs in accordance with Article 8 of Regu- lation (EEC) No 3760/92, the Council shall decide: — which stocks are subject to a precautionary TAC and which stocks are subject to an analytical TAC, on the basis of scientific advice available on the stocks, () OJ No L 261, 20. 10. 1993, ;: 1. Regulation as last amended by Regulation (EC) No 2870/95 (OJ No L 301, 14. 12. 1995, p. 1).