Proposal for a Council Regulation (EC) laying down for 1998 certain conservation and management measures for fishery resources in the convention area as defined in the Convention on Future Multilateral Cooperation in the North-East Atlantic
'I i 11,. I , '. r iu, COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 15. 12. 1997 COM(97) 713 final Proposal for a COUNCIL REGULATION (EC) laying down for 1998 certain conservation and management measures for fishery resources in the Convention Area as defined in the Convention on Future Multilateral Co-operation in the North-East Atlantic. tâi (presented by the Commission) EXPLANATORY MEMORANDUM At its Annual Meeting from 19 to 21 November 1997, the North-East Atlantic Fisheries Commission (NEAFC) has adopted a recommendation of conservation and management measures for oceanic-type redfish for 1998. That recommendation was adopted by a qualified majority of the Contracting Parties of NEAFC, including the Community. The recommended measures consist of a total allowable catch (TAC) of 153,000 tonnes which covers oceanic-type redfish in its entire area of distribution and which is allocated among the Contracting Parties concerned. Within this TAC, a share of 23,000 tonnes has become available to the Community. Furthermore, Denmark (on behalf of the Faroe Islands and Greenland) committed itself to transfer to the Community a further 4,000 tonnes. This results in a total 27,000 tonnes of oceanic-type redfish available to the Community in 1998. Furthermore, NEAFC continued a recommendation introducing provisional minimum notification and reporting requirements for both oceanic-type redfish and Norwegian spring- spawning herring (Atlanto-Scandian herring) for 1998. As these recommendations have been adopted with the full support of the Community, they have to be implemented by the Community. d:\data\winword\neafc\regs-98\sn. doc Proposal for a COUNCIL REGULATION (EC) No /98 of 1997 laying down for 1998 certain conservation and management measures for fishery resources in the Convention Area as defined in the Convention on Future Multilateral Co-operation in the North-East Atlantic 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 estbalishing a Community system for fisheries and aquaculture1, and in particular Article 8 (4) thereof, Having regard to the proposal from the Commission, Whereas the Community has signed 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 within the exclusive economic zones of the coastal States and on the high seas; Whereas the Convention on Multilateral Co-operation in the North-East Atlantic, hereafter referred to as the "NEAFC Convention", was approved by the Council in Decision 81/608/EEC of 13 July 19812 and entered into force on 17 March 1982; Whereas the NEAFC Convention establishes a suitable framework for multilateral co operation in the rational conservation and the optimum utilization of the fishery resources of the Convention Area as defined therein; Whereas the North-East Atlantic Fisheries Commission adopted on 21 November 1997 recommendations limiting the catches of redfish in the Convention Area and introducing minimum notification and reporting requirements for catches of redfish and Norwegian spring-spawning (Atlanto-Scandian herring) for 1998; whereas it is appropriate that these recommendations be implemented by the Community; Whereas, in accordance with Article 8 of Regulation (EEC) No. 3760/92, it falls to the Council to establish for each fishery or group of fisheries the total allowable catch (TAC) and the share available to the Community and to allocate the share available to the Community among the Member States; Whereas in order to ensure full compliance with applicable conservation and management measures while supplementing the control measures provided for in Council Regulation O. J. No. L 389, 31. 12. 1992, p. 1 Regulation as amended by the 1994 Act of Accession. O. J. No. L227, 12. 8. 1981, p. 21 d:\data\winword\neafc\regs-98\en. doc 2, (EEC) No 2847/933, certain specific control measures are to be defined concerning the authorisation of fishing vessels, their notification and the declaration of catches; Whereas the relevant TAC and quotas have been established on an annual basis and may not be exceeded and, therefore, they may not be subject to the provisions of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas , Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January 1998. HAS ADOPTED THIS REGULATION: Article 1 Catches in 1998 of redfish by Community fishing vessels shall be limited to the quotas set out in the Annex. Article 2 Member States shall notify to the Commission a list of the vessels flying their flag and registered within the Community which are granted the right to fish oceanic-type redfish no later than 20 January 1998 and thereafter any modification, including additions to the list at least 30 days in advance of the commencement of the vessel's activity. Only the vessels named in this list shall be deemed to be authorized to fish oceanic-type redfish. Member States shall report to the Commission every Wednesday before 12 noon for the week ending at 12 midnight on the previous Sunday both the quantities of oceanic- type redfish caught by their vessels as well as the number of their vessels engaged in this fishery. Article 3 The provisions of Article 2 shall apply mutatis mutandis to herring (Clupea harengus) which is caught in ICES zones I and II (Norwegian spring-spawning herring - Atlanto-Scandian herring). OJNoL261, 20. 10. 1993, p. 1 OJNoL 115, 9. 5. 1996, p. 3 d:\data\winword\neafc\regs-98\en. doc H- Article 4 Fishing quotas set out in the Annex shall not be subject to the conditions laid down in Articles 2, 3 and 5 (2) of Council Regulation (EC) No 847/96. Article 5 This regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply from 1 January 1998. This Regulation shall be binding in its entirely and directly applicable in all Member States. Done at Brussels, 1997 For the Council The President d:\data\winword\neafc\regs-98\en. doc 0 ANNEX Stock Member State 1998 quota (tonnes) Species Geographical area Redfish (Sebastes mentella, oceanic-type)(1) ICES XIV/XII/V (2) Austria Belgium Denmark Finland Germany Greece France Ireland Italy Luxembourg the Netherlands Portugal Spain Sweden the United Kingdom EC total 18,220 1,700 4 8 3,824 3,200 44 27,000 (3) Fished with pelagic trawls, excluding discards but including the fish above as well as below the acoustic layer Community fishing waters and areas beyond fisheries jurisdiction of the other coastal States Includes a transfer of 4,000 tonnes from Denmark (on behalf of the Faroe Islands and Greenland) (2) (3) :\data\winword\neafc\regs-98\en. do;: ISSN 0254-1475 •COM(97) 713 final DOCUMENTS EN 03 11 Catalogue number : CB-CO-97-733-EN-C ISBN 92-78-29701-1 Office for Official Publications of the European Communities L-2985 Luxembourg 1