Proposal for a COUNCIL REGULATION (EC) amending, for the 2nd time, Regulation (EC) No. 390/97 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1997 and certain conditions under which they may be fished
COMMISSION OF THE EUROPEAN COMMUNITIES Bruxelles, 09. 04. 1997 COM(97) 135 final Proposal for a COUNCIL REGULATION CEO amending, for the 2nd time, Regulation (EC) No. 390/97 fixing, for certain fish stocks and groups offish stocks, the total allowable catches for 1997 and certain conditions under which they may be fished (presented by the Commission) EXPLANATORY MEMORANDUM The objective of the present proposal is to fix fishing possibilities for certain stocks offish and to allocate these equitably to Member States. The fixing and the sharing of possibilities for fishing falls exclusively within the competence of the Community and arises from obligations set out in Article 8(4) of Regulation (EEC) n° 3760/92 of the Council of 20 December 19921, establishing a Community regime for fishing and aquaculture. The Community fisheries for Atlanto-Scandian herring in area II and Horse mackerel in area II, IV and area Vb, VI, VII, Vlllabde, XII , XIV have not been subjected to allocation among Member States. Developments in 1996 have resulted in the need to have a better monitoring of these fisheries by means of an allocation of the respective TAC's in seperate fish quotas for each Member State. The fishery for horse mackerel is an established fishery and the proposal intends to distribute fishing opportunities between Member States in such a way as to reflect the historical patterns of fishing activities for each Member State, as shown by the mean catch over a recent and representative period (1992-1996). The fishery for Atlanto-Scandian herring establishes fishing opportunities for the Community that have previously been prosecuted to a very limited extent under the common fisheries policy. In this case the crierion chosen has been the average catch during the most recent period on which the fishery has taken place, i. e. , 1995-1996. This proposal intends to address this matter by modifying Council Regulation (EC) N° 390/972. O. J. No L389, 31. 12. 1992, p. I O. J. No L66, 6. 3. 1997. p, I Council Regulation (EC) No /97 of 1997 Proposai for a amending, for the 2nd time, Regulation (EC) No. 390/97 fixing, for certain fish stocks and groups offish stocks, the total allowable catches for 1997 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 as amended by the Act of Accession of Austria, Finland and Sweden, 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 to establish the total allowable catches (TACs) by fishery or group of fisheries; Whereas Council Regulation (EC) No. 390/972 fixes, for certain fish stocks and groups of fish stocks, the TACs for 1997 and certain conditions under which they may be fished; Whereas, in order to prevent overfishing the Community fisheries for Atlanto-Scandian herring in area II and Horse mackerel in area II , IV and area Vb, VI, VII, VIIlabde,XII , XIV should be subjected to allocation among Member States so as these fisheries are properly monitored; Whereas in accordance with the second sub-paragraph of Article 8(4) of Regulation (EEC) No. 3760/92, the allocation shall assure relative stability of fishing activities; whereas relative stability can in this case be represented by the catch over a recent and representative period; Whereas Council Regulation (EC) No. 390/97 should therefore be amended accordingly, 1 2 O. J. No L 389, of 31. 12. 1992, p. 1 O. J. No L 66, of 6. 3. 1997, p. 1. Regulation as amended by Regulation (EC) No xxx/97 ( O. J. No L XXXofX. X. 1997. p. x 'J HAS ADOPTED THIS REGULATION Article 1 The annex to this Regulation shall replace the corresponding elements of the Annex to Regulation (EC) No 390/97. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council, The President V Annex, p. 1 [Species: Herring Clupea harengus Zone: 1. 1 België / Belgique Danmark DeutschSand Eilada Espafta France Ireland Italia Luxembourg Nederland Osterreich Portugal Suomi/Finland Sverige United Kingdom EC T AC 56 780 (1)(2) 2 260 (1)(3) ( 1 ) Member States must inform the Commission every tuesday of their landings the preceding. week. No fishing may take place before 16 April 1997 (2) Of which no more than 5450 tonnes may be fished in Faroese waters and no more than 17470 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more than 13100 tonnes in the Norwegian EEZ. 950 (1)(4) 11 050 (1)(5) (3) Of which no more than 220 tonnes may be fished in Faroese waters and no more than 700 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more than 520 tonnes in the Norwegian EEZ. 15 460 (1)(6) 290 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more (4) Of which no more than 90 tonnes may be fished in Faroese waters and no more than 13 990 (1)(7)(9) 29 510 (1)(8) than 220 tonnes in the Norwegian EEZ. (5) Of which no more than 1060 tonnes may be fished in Faroese waters and no more than 3400 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more than 2550 tonnes in the Norwegian EEZ. (6) Of which no more than 1490 tonnes may be fished in Faroese waters and no more than 4760 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 130 000 (1) than 3570 tonnes in the Norwegian EEZ. 1 500 000 (1) 4300 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more (7) Of which no more than 1350 tonnes may be fished in Faroese waters and no more than than 3230 tonnes in the Norwegian EEZ. (8) Of which no more than 2840 tonnes may be fished in Faroese waters and no more than 9080 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more than 6810 tonnes in the Norwegian EEZ. ( 9) Fishing of this stock is not allowed in Community waters Zone: iia(D, IV(1) ( 1 ) Community waters (Species: Horse mackerel Trachurus spp. België / Belgique Danmark Deutschland Eilada Esparla France Ireland Italia Luxembourg Nederland Osterreich Portugal Suomi/Finland Sverige United Kingdom EC T AC 90 37470 2830 70 2180 6080 750 5530 55000 60000 r Annex, p. 2 ISpecies: Horse mackerel Trachurus spp. Zone: Vb (1), VI, VII, Vlllabde, XII, xiv (1 ) (2) Community waters May not be fished in the waters under the sovereignty or jurisdiction of Spain and Portugal België / Belgique Danmark Deutschland Eilada Esparla France Ireland Italia Luxembourg Nederland Osterreich Portugal Suomi/Finland Sverige United Kingdom EC TAC 26060 (2) 17590 (2) 31000 7850 (2) 84330 (2) 98900 (2) 3000 24270 (2) 293000 300000 c ISSN 0254-1475 COM(97) 135 final DOCUMENTS EN 03 14 Catalogue number : CB-CO-97-132-EN-C ISBN 92-78-17923-X Office for Official Publications of the European Communities L-2985 Luxembourg 1