31.12.2002 Official Journal of the European Communities L 356/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2340/2002 of 16 December 2002 fixing for 2003 and 2004 the fishing opportunities for deep-sea fish stocks 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 of the Commission, Whereas: 1 Article 4 of Regulation (EEC) No 3760/92 requires the Council to adopt, in the light of the available scientific advice and, in particular, of the report prepared by the Scientific, Technical and Economic Committee for Fisheries, the measures necessary to ensure the rational and responsible exploitation of resources on a sustainable basis. New scientific advice concerning certain stocks of fish found in the deep sea indicates that these stocks are vulnerable to exploitation, and that fishing opportunities for these stocks should be limited or reduced in order to assure their sustainability by establishing total allowable catches (TAC) and quotas. Available and sound scientific advice covers a period of two years, and in the framework of a multi-annual approach, it is advisable to establish TAC and quotas for a period of two years without prejudice to an annual revision required by new scientific advice. Under the terms of Article 8(4)(iii), it is incumbent upon the Council, where the Community establishes new fishing opportunities in a fishery not previously carried out under the common fisheries policy, to decide upon the method of allocation taking into account the interests of all Member States. () O] 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). ©) (6) In order to ensure effective management of these TACs and quotas, the specific conditions under which fishing operations occur should be established both for Community waters and, if scientific advice clearly demonstrates a risk, for waters not under the sovereignty or jurisdiction of third countries. It is necessary to establish the principles and certain procedures of fishery management at Community level, so that Member States can ensure the management of the vessels flying their flag. In accordance with the provisions laid down in Article 2 of Council Regulation (EC) No 847/96, of 6 May 1996, introducing additional conditions for year-to-year management of TACs and quotas (?) , it is necessary to indicate which stocks are subject to the various measures fixed therein. The realisation of fishing opportunities should be in accordance with the Community legislation on the matter, and in particular with Council Regulation (EEC) No 2847/93, of 12 October 1993, establishing a control system applicable to the common fisheries policy (*), Council Regulation (EC) No 2027/95, of 15 June 1995, establishing a system for the management of fishing effort relating to certain Community fishing areas and resources (*), Council Regulation (EC) No 88/98, of 18 December 1997, laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (°) and Council Regulation (EC) No 850/98, of 30 March 1998, for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (6), HAS ADOPTED THIS REGULATION: () OJL 115, 9.5.1996, p. 3. () O] L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) 2846/98 (O] L 358, 31.12.1998, p. 5). () OJ L 199, 24.8.1995, p. 1. () OJ L9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) No 1520/98 (O] L 201, 17.7.1998, p. 1). () O] L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 973/2001 (O] L 137, 19.5.2001, p. 1).