L 13/54 Official Journal of the European Communities 18.1.1999 COUNCIL REGULATION (EC) No 49/1999 of 18 December 1998 fixing, for certain stocks of highly migratory fish, the total allowable catches for 1999, their distribution in quotas to Member States and certain conditions under which they may be 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 the United Nations Convention on the Law of the Sea, which contains principles and rules relating to the conservation and management of the living resources of the sea has been approved on behalf of the Community (2); whereas, in the framework of its wider international obligations, the Community participates in efforts arising in international waters to conserve fish stocks; Whereas the Community is a Contracting Party to the International Commission for the Conservation of Atlantic Tunas (ICCAT); whereas ICCAT has recommended the setting of catch limitations for bluefin tuna in the Atlantic and the Mediterranean and for swordfish in the Atlantic; whereas those recommendations are binding on the Community; whereas it is appropriate for the Community to implement those recommendations; Whereas, under Article 8(4) of Regulation (EEC) No 3760/92, it is the task of the Council to establish the total allowable catches (TACs) by stock or group of stocks, the share available to the Community and the terms on which catches may be made, and to divide up the share available to the Community among the Member States; Whereas the percentage shares of the Member States in catches from the Eastern Atlantic and Mediterranean stocks for bluefin tuna should be set; (Y) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (O] L 164, 9.6.1998, p. 1). (?) OJ L 179, 23. 6.1998, p. 1. Whereas for 1999 an ad hoc distribution among the Member States should be made in view of the special circumstances due to the Community’s accession to ICCAT; Whereas, to ensure efficient management of this TAC and apply the ICCAT recommendations, the specific terms and conditions on which fishing may be carried out under it should be laid down; Whereas, in accordance with Article 40 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3), the Member States are exempted from the obligations under Articles 6 and 8 of that Regulation (log books and related provisions) with respect to fishing activities in the Mediterranean; whereas it is therefore essential, for the implementation of this Regulation, to set rules on the recording and notification of catches during such fishing activities; Whereas ICCAT has laid down a system of deductions for quantities overfished which differs from the system laid down in Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (*); whereas it is therefore necessary to rule out the application of Article 5(2) of that Regulation; Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January 1999, HAS ADOPTED THIS REGULATION: Article 1 This Regulation fixes, for certain stocks of highly migratory fish, the total allowable catches (TACs) for () OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2635/97 (O] L 356, 31.12.1997, p. 14). (*) OJ L 115, 9. 5.1996, p. 3.