No L 163/24 Official Journal of the European Communities 2.7.96 COMMISSION REGULATION (EC) No 1265/96 of 1 July 1996 establishing urgent conservation measures to protect the stock of North Sea herring THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Act of Accession of Austria, Finland and Sweden, and in parti- cular Article 15 thereof, Whereas Article 15 of Regulation (EEC) No 3760/92 stipulates that, in the event of a serious and unexpected upheaval liable to jeopardize conservation of resources, the Commission shall decide on appropriate measures, which shall last no more than six months, and which shall be communicated to the Member States and to the European Parliament and which shall have immediate effect; Whereas the most recent scientific information, and in particular, the report of the Advisory Committee for Fisheries Management of the International Council of 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 at more than double the level considered to be sustainable, and that recent recruitment of 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 spawning stock and to reduce fishing morta- lity; whereas these measures should consist of a reduction of the catch of herring by fleets fishing for human consumption in 1996 to half the present figures of total allowable catch (TAC) and of a decrease by half of the fishing mortality of herring caught as by catch by other fleets in 1996; Whereas, given the levels of catch attained at present, the risk exists that the abovementioned objectives cannot be achieved unless very swift management action is taken; whereas if these objectives are not achieved, no fishing of herring in 1997 could take place; whereas it is therefore justified to make use of the powers delegated to the Commission in accordance with Article 15 of Regulation (EEC) No 3760/92; Whereas, in accordance with the procedure provided in Articles 2 and 7 of the Fisheries Agreement between the European Economic Community and the Kingdom of Norway (%), the Community and Norway have held () OJ No L 389, 31. 12. 1992, p. 1. @) OJ No L 226, 29. 8. 1980, p. 48. consultations concerning the measures to be taken for North Sea herring; whereas these consultations have been sucessfully concluded and therefore it is now possible to adopt the necessary measures; Whereas Council Regulation (EC) No 3074/95 (%), as last amended by Regulation (EC) No 1088/96 (%), fixes, for - certain stocks or groups of stocks, the TACs, their alloca- tion to Member States and certain conditions under which they may be fished; whereas certain of these stipulations should be modified as far as the stocks in which North Sea herring is caught is concerned, HAS ADOPTED THIS REGULATION: Article 1 Notwithstanding Articles 2 and 3 of Regulation (EC) No 3074/95: — the TACGCs, the Community shares, their allocation among Member States, as well as the conditions upon which they may be fished, for the stocks of herring in zones [l a, IVa,b and IV c, VII d, are fixed for 1996 as set out in Annex L These limitations shall apply to all catches of herring which are landed, sorted, from the main catch, — landings of herring which are caught in fisheries for purposes other than human consumption and which are not sorted from the catch are limited in 1996 as set out in Annex IL Article 2 Member States where landings for purposes other than human consumption take place shall ensure that adequate sampling systems are in place in order to monitor effect- ively the landings of bycatches of herring. It shall be prohibited to land fish for purposes other than human consumption in harbours where such a sampling system is not in place. Article 3 Member States shall adopt special control and manage- ment measures Oor any other action concerning the capture, sorting and landing of North Sea herring, with a view to ensuring the observance of catch limitations. These measures shall include, in particular: () OJ No L 330, 30. 12. 1995, p. 1. (9 OJ No L 144, 18. 6. 1996, p. 1.