Proposal for a Council Regulation (EC) fixing, for certain stocks of highly migratory fish, the total allowable catches for 1998, their distribution in quotas to Member States and certain conditions under which they may be fished
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 14. 11. 1997 COM(97) 598 final Proposal for a COUNCIL REGULATION (EQ fixing, for certain stocks of highly migratory fish, the total allowable catches for 1998, their distribution in quotas to Member States and certain conditions under which they may be fished (presented by the Commission) EXPLANATORY MEMORANDUM The International Commission for the Conservation of Atlantic Tunas (ICCAT) is the body in charge of coordinating action to manage fisheries of large pelagic fish in the Atlantic and Mediterranean. Their decisions are based on scientific advice provided by a committee (Standing Committee for Research and Statistics) in which scientists of all contracting parties participe together with other experts chosen as observers. The European Community is not a Contracting Party to ICCAT. However, it applied officially for membership and it is well possible that the Community can be admitted as Member of the Commission in the very near future. France, Spain, Italy and Portugal are Members. As the conservation of marine ressources belongs to the exclusive Community competence, the Community is bound to collaborate with ICCAT in the management of these highly migratory stocks, in order to allow the Member States to fulfill their international obligations in Community waters. In the case of blue fin tuna of the eastern Atlantic ocean and the Mediterranean, the stock is in a very depressed state, requiring immediate management action. The stock of swordfish; although less worrying, indicates also the need to establish serious restrictive measures. ICCAT has therefore issued a series of recommendations concerning technical conservation measures and limitations of the exploitation rate in the form offish quotas. While the technical conservation measures have already or are been implemented in the respective legal frameworks (Council Regulations (EC) No 1626/94 * and (EC) No 894/972), the limitations of the exploitation rate require the setting up of catch limits in the form offish quotas as stipulated by ICCAT. It is proposed that these quotas, which arc also applicable in the high seas and dealt with in the framework of ICCAT, form part of a specific regulationdistinct from the genera! TAC regulation. Given that Mediterranean fishermen are not subject to the obligation to have a logbook, it is imperative that Member States with a Mediterranean façade reinforce their statistical systems in order to be able to fulfil the obligation to register and communicate their landings to the Commission. Provisions to that effect are also proposed in this regulation. Finally, ICCAT has recommended a certain inter-annual flexibility in the consumption of swordfish quotas, similar to the one foreseen in Articles 3 and 4 of regulation (EC) No 847/96. It is proposed that the conditions of that regulation be applicable to the stock of swordfish. Moreover, given the poor state of the stocks, it is also proposed that the penalty coefficients foreseen in Article 5(2) of regulation (EC) No 847/96 be applicable both to blue fin tuna and swordfish stocks. O J. No L171, 6. 07. 94, p. 1. Regulation as amended by Regulation (EC) No 1075/96(0. J. No L 142, 15. 06. 1996,'p. 1) O. J. No L 132, 23. 05. 1997, p. 1 COUNCIL REGULATION (EC) No. /97 of fixing, for certain stocks of highly migratory fish, the total allowable catches for 1998, their distribution in quotas to Member States and certain conditions under which they may be fished 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 aquaculture1 and in particular Article 8(4) thereof, Having regard to the proposal from the Commission, Whereas under the terms of Article 8(4) of Regulation (EEC) No 3760/92, it is incumbent upon the Council, in accordance with Article 4, to establish the total allowable catches (TAC) by fishery or group of fisheries; 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 of the sea; whereas, in the framework of its wider international obligations, the Community participates in efforts arising in international waters to conserve fish stocks; Whereas the International Commission for the Conservation of Atlantic Tunas (ICCAT) has recommended the setting of catch limitations for blue fin tuna in the Mediterranean and in the Atlantic and for swordfish in the Atlantic; whereas those recommendatrions are binding upon some Member States member of that Commission; whereas, in view of the exclusive Community competence for the conservation of living marine resources it is appropriate for the Community to implement those recommendations; 1 O. J. No L389, 31. 12. 1992, p. l, Regulation as amended by the Act of Accession of Austria, Sweden and Finland 1<\ whereas fishing opportunities should be allocated to Member States in accordance with the second subparagraph of Article 8(4); Whereas, in accordance with the provisions laid down in Article 2 of Council Regulation (EC) No 847/96, 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; Whereas, in order to ensure effective management of these TACs, the specific conditions under which fishing operations occur should be established; Whereas, in accordance with Article 40 of Council Regulation (EC) No 2847/93, establishing a control system applicable to the common fisheries policy , Member States are exempted from the obligations stipulated in Articles 6, 8 and 19 of the same regulation (logbook and related provisions) as far as it concerns fishing operations in the Mediterranean; whereas it becomes therefore imperative that, in order to comply with the present regulation, rules on catch registration and notification should be set out for these fishing operations; HAS ADOPTED THIS REGULATION: Article 1 This Regulation fixes, for certain stocks of highly migratory fish, total allowable catches (TACs) per stock, the share of these catches available to the Community, the allocation of that share among Member States in the form of fish quotas and the specific conditions under which these stocks may be fished. TACs, Community shares, quotas and specific fishing conditions are hereby fixed for 1998 as set out in Annex I 3 OJ No LI 15, 9. 5. 1996, p. 3 O. J. No L 261, 20. 10. 93, p. 1. Regulation as amended by Regulation (EC) No 2489/96 (O. J. No L 338, 28. 12. 1996, p. 12) Aûicie_2 The allocation of fish quotas mentioned in Article 1 among the Member States shall be without prejudice to: exchanges made pursuant to Article 9(1) of Regulation (EEC) No. 3760/92 re-allocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No. 2847/93, additional landings allowed under the stipulations of Article 3 of Regulation (EC) No 847/96, quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96. AnkkJ. Member States shall, for fishing operations which, in accordance with Article 40 of Council Regulation (EC) No 2847/93, are exempted from the obligations stipulated in Articles 6, 8 and 19 of the same regulation: • establish registering and sampling systems appropriate to accurately estimate, on a monthly basis, the total landings and transhipments of the stocks mentioned in the annex by vessels flying their flag or registered in their territory, and total landings in their harbours by vessels flying the flag or registred in another Member State. • for the stocks mentioned in the annex, communicate to the Commission, before the 15th of each month, the quantities landed or transshipped during the preceeding month by. vessels flying their flag or registered in their territory, and the quantities landed in their harbours by vessels flying the flag or registred in another Member State. Atiteki TACs for blue fin tuna and swordfish are considered as analytical for the effects of Regulation (EC) No 847/96. The provisions set out in Articles 3 and 4 of the same regulation shall not apply to the stock of blue fin tuna. fhe provisions of Article 5(2) of the same regulation shall apply to the stocks of bluefin tuna and swordfish. Aûkki This Regulation shall enter into force on seventh day after the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1998. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 1997 For the Council The President ANNEX TACs by stock and by area for 1996 and the allocation among the Member States of the share available to the Community (in tonnes live weight, except where otherwise specified). (Species: Blue fin tuna Thunnusthynnus Z o n e: Atlantic ocean, east of longitude 45° W ( 1 ) Available to all Member States except Greece, Spain, France and Portugal Belgiê / Belgique Danmark Deutschland Ellada EspaAa France Ireland Italia Luxembourg Nederland Osterreich Portugal Suomi/Finland Sverige United Kingdom EC TAC 3 3809 400 180 100 (1) 4 492 pm ISpecies: Blue fin tuna Thunnusthynnus Z o n e: Mediterranean Sea België / Belgique Danmark Deutschland Ellada Espafta France Ireland Italia Luxembourg Nederland Osterreich Portugal Suomi/Finland Sverige United Kingdom EC TAC 272 2 033 4850 4145 321 11621 pm ! Species: Swordfish Xiphias gladius Z o n e: Atlantic ocean, north of latitude 5° N (1 ) Available to all Member States except Spain and Portugal België / Belgique Danmark Deutschland Ellada Espafta France Ireland Italia Luxembourg Nederland Osterreich Portugal Suomi/Finland Sverige United Kingdom EC TAC 4 537. 5 825 100 (1) 5 462. 5 11 000 ISSN 0254-1475 COM(97) 598 final DOCUMENTS EN 03 07 10 08 Catalogue number : CB-CO-97-613-EN-C ISBN 92-78-27539-5 Office for Official Publications of the European Communities L-2985 Luxembourg