COUNCIL REGULATION (EC) No 3362/94
of 20 December 1994
fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1995 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 aquaculture (1), and in particular Article 8 (4) thereof,
Having regard to the 1985 Act of Accession, and in particular Articles 157, 161 and 348 thereof,
Having regard to the 1994 Act of Accession, and in particular Articles 121 and 122 thereof,
Having regard to the proposal from the Commission,
Whereas Article 4 of Regulation (EEC) No 3760/92 requires the Council to formulate, 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;
Whereas a management regime making full use of the new management possibilities given by Regulation (EEC) No 3760/92 cannot yet be achieved, due to the need to put into force certain measures for the control of fisheries, to further develop the appropriate administrative framework (licensing system) and to enhance scientific knowledge; whereas, until such a management regime is consolidated, limitation of exploitation rates should be guaranteed by the current TAC system;
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 determine for each fishery or group of fisheries the total allowable catches (TAC); whereas fishing opportunities should be distributed between Member States in accordance with Article 8 (4) (ii);
Whereas it is necessary to establish the principles and certain procedures of fishery management at the Community level, so that Member States can ensure the management of the fleets under their flag or jurisdiction;
Whereas, in accordance with the procedure provided for in Article 2 of the Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (2), the Parties have consulted on their reciprocal fishing rights for 1995; whereas these consultations have been successfully concluded; whereas, as a result, it is possible to fix the TACs, the Community shares and the quotas for certain joint and autonomous stocks, of which part is allocated to the Faroe Islands;
Whereas, in accordance with the procedure provided in Articles 2 and 7 of the Fisheries Agreement between the European Economic Community and the Kingdom of Norway (3), the Community and Norway have held consultations concerning mutual fishing rights for the period until 31 March 1995 and the management of common biological resources; whereas the Community and Norway agreed to hold consultations on their mutual fishing rights for the remaining months of 1995 as early as possible in 1995;
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 to conserve fish stocks arising in international waters; whereas the extent to which such stocks are fished by vessels of the Community should be viewed in the light of overall fishing activity and the contribution made hitherto by the Community towards their conservation should be taken into account;
Whereas the International Baltic Sea Fishery Commission has recommended TACs for the stocks of cod, salmon, herring and sprat occurring in the waters of the Baltic Sea and the shares thereof for each contracting party;
Whereas, in the case of certain stocks fished mainly for reduction to meal and oil, it does not appear necessary to make quota allocations;
Whereas Article 161 of the 1985 Act of Accession fixes the share of the TACs allocated to Spain for certain stocks in certain zones and allocates flat-rate amounts of horse mackerel and blue whiting to Spain;
Whereas those flat-rate amounts of blue whiting shall be divided among ICES sub-areas and divisions V b (EC zone), VI, VII and VIII a, b and d;
Whereas, pursuant to Article 158 of the 1985 Act of Accession, a distinction is to be made between fishing for demersal species and fishing for species other than demersal; whereas the group to which blue whiting, anchovy and horse mackerel belong should therefore be defined;
Whereas, in order to ensure effective management of these TAC's, the specific conditions under which fishing operations occur should be established;
Whereas, in order to ensure a better exploitation of the quotas of herring, hake, blue whiting, mackerel and megrim, transfers of a part of the quotas from the zone of allocation to adjacent zones should be allowed;
Whereas, in order to ensure a better exploitation of the haddock stocks in zones V b (EC zone), VI, XII and XIV, catches in zones V b and VI a should be limited;
Whereas, taking account of the latest scientific advice, it is necessary to establish seasonal limitations on fishing activities in the Celtic Sea in order to limit fishing for herring;
Whereas catches of certain pelagic species and certain shrimps (Pandalus spp. except Pandalus montagui) may be taken with a mesh size which derogates from Community rules; whereas catches of whiting may be taken in conditions that derogate from Community rules; whereas scientific advice on these issues is already available; whereas, until the necessary amendments have been made to Council Regulation (EEC) No 3094/86 of 7 October 1986, laying down certain technical measures for the conservation of fishery resources (1), it is appropriate to extend the current conditions of fishing for the abovementioned species as defined by Article 9 of Council Regulation (EC) No 3676/93 of 21 December 1993 fixing for certain fish stocks and groups of fish stocks, the total allowable catches for 1994 and certain conditions under which they may be fished (2);
Whereas massive catches og young flatfish are being taken in the southern North Sea in autumn; whereas protection should be given to these fish, in order to achieve a better exploitation;
Whereas the International Baltic Sea Fisheries Commission has recommended certain technical measures for resource conservation and other dispositions on control of fishing activities, to be implemented by its Contracting Parties with effect from 1 January 1995;
Whereas, pursuant to Article 122 of the 1994 Act of Accession, the conditions under which allocations made in the framework of the Accession can be fished will remain identical to those applicable immediately prior to the entry in force of the 1994 Treaty of Accession;
Whereas improved economical utilization of certain stocks of herring requires them to be used for purposes other than direct human consumption; whereas the state of these stocks is such that, under appropriate management, there is no danger in implementing such a measure;
Whereas, pursuant to Article 2 (3) of the 1994 Treaty of Accession, the institutions of the Union may adopt before accession the measures referred to in Articles 94, 121 and 122 of the 1994 Act of Accession,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation fixes for 1995, for certain fish stocks and groups of fish stocks, total allowable catches (TACs) per stock or group of stocks, the share of these catches available to the Community, the allocation of that share among Member States and the specific conditions under which these stocks may be fished (3).
For the purposes of this Regulation, the Skagerrak is bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast.
For the purposes of this Regulation, the Kattegat is bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenoere to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen.
For the purposes of this Regulation, the North Sea shall comprise ICES sub-area IV and that part of ICES division IIIa which is not covered by the definition of the Skagerrak given in this Article.
Article 2
TACs for stocks or groups of stocks to which Community rules apply and the share of these catches available to the Community are hereby fixed for 1995 as set out in Annex I.
Article 3
The allocation among the Member States of the share available to the Community of the TACs mentioned in Article 2 is fixed for 1995 in Annex I.
This allocation shall be without prejudice to exchanges made pursuant to Article 9 (1) of Regulation (EEC) No 3760/92 and reallocations made pursuant to Articles 21 (4), 23 (1) and 32 (2) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1).
Article 4
As regards the herring stock of the North Sea and of the eastern English Channel, transfers of up to 50 % of the quotas may be effected from ICES divisions IV c and VII d to ICES division IV b.
As regards the hake stock in zones II a (EC zone) and IV (EC zone), Member States having a quota in this zone may, on exhaustion of this quota, make transfers from zones V b (EC zone), VI, VII, XII and XIV and from zones VIII a, b and d to zone II a (EC zone) and IV (EC zone).
However, such transfers must be notified in advance to the Commission.
Article 5
1. It shall be prohibited to retain on board or to land catches from stocks for which TACs or quotas are fixed unless:
(i) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or
(ii) the share of the TAC available to the Community (Community share) has not been allocated by quota among Member States and the Community share has not been exhausted; or
(iii) for all species other than herring and mackerel, they are mixed with other species and have been taken with nets whose mesh size is 32 mm or less in regions 1 and 2 or 40 mm or less in region 3 in accordance with Article 2 paragraph 1 of Regulation (EEC) No 3094/86, and are not sorted either on board or on landing; or
(iv) for herring, they are within the limits of paragraph 2; or
(v) for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed 10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not sorted, or
(vi) they are caught during the course of scientific investigations carried out under Regulation (EEC) No 3094/86.
All landings shall count against the quota, or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of (iii), (iv), (v) and (vi).
2. When fishing with nets whose mesh size is less than 32 mm in regions 1 and 2 other than the Skagerrak and the Kattegat and with nets whose mesh size is less than 40 mm in region 3, it shall be prohibited to retain on board catches of herring mixed with other species unless such catches are not sorted and unless the herring, if mixed with sprat only, does not exceed 10 % by weight of the total weight of herring and sprat combined.
When fishing with nets whose mesh size is less than 32 mm in regions 1 and 2 and with nets whose mesh size is less than 40 mm in region 3, it shall be prohibited to retain on board catches of herring mixed with other species unless such catches are not sorted and unless the herring, if mixed with other species whether or not including sprat, does not exceed 5 % by weight of the total weight of the herring and other species combined.
3. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 2 of Regulation (EEC) No 3094/86.
Article 6
Blue whiting, anchovy and horse mackerel shall be considered to be species other than demersal.
Article 7
1. Fishing for herring shall be prohibited from 1 to 15 November 1995 within the area bounded by the following coordinates:
- the south-east coast of Ireland at longitude 7°30' W,
- latitude 51°15' N, longitude 7°30' W,
- latitude 51°15' N, longitude 9°00' W,
- the south coast of Ireland at longitude 9°00' W.
2. The areas and periods described in this Article may be altered in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92.
Article 8
By way of derogation from Regulation (EEC) No 2115/77 (1), directed fishing and landing of herring for purposes other than human consumption can be conducted, until 31 December 1995, by vessels flying the flag of Sweden or Finland and, in the Baltic Sea, on a pilot basis, by vessels flying the flag of other Member States, within the rules provided in Council Regulation (EEC) No 1866/86 of 12 June 1986 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (2).
Article 9
By way of derogation from footnotes 11, 12 and 13 in Annex I to Regulation (EEC) No 3094/86 the following provisions shall apply:
(i) When fishing in region 3, except Skagerrak and Kattegat, for the target species 'mackerel (Scomber scombrus), horse mackerel (Trachurus trachurus), herring (Clupea harengus), pelagic Cephalopoda, sardine (Sardina pilchardus), and blue whiting (Micromesistius poutassou)`, the use of 32 mm mesh shall be permitted until 31 December 1995.
(ii) When fishing in region 3, except Skagerrak and Kattegat, for the target species 'Shrimps (Pandalus spp., except Pandalus montagui)`, the use of 35 mm mesh shall be permitted until 31 December 1995.
(iii) The conditions for fishing for the target species 'whiting (Merlangius merlangus) in ICES sub-areas II, IV, V and VI (north of 56°N) shall remain valid until 31 December 1995`.
Article 10
By way of derogation from the second subparagraph of paragraph (a) of Article 9 (3) of Regulation (EEC) No 3094/86, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December 1995.
Article 11
Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the OEresund from 1 June to 31 August 1995.
Article 12
By way of derogation from Articles 3, 5 and 6 of Regulation (EEC) No 1866/86 the following provisions will apply in the Baltic Sea, the Belts and the OEresund from 1 January to 31 December 1995:
(i) The weight of undersized cod kept on board may amount to 5 % of the total catch of cod.
(ii) The by-catch of cod in herring and sprat fishing shall not exceed 10 % by weight. No more than 5 % of this by-catch of this cod may be undersized.
(iii) It shall be prohibited to use trawls, Danish seines or gillnets having a mesh opening (measured when wet) smaller than that specified for the fisheries listed below:
(a) cod gillnets, and trawls and Danish seines with special devices such as exit windows or any other design with at least a selectivity at level of 50 % retention lenght of 38 cm and listed in Annex II of this Regulation: 105 mm (3);
Normal trawl and Danish seines: 120 mm (2) (4);
(b) flatfish in subdivisions 22 to 27 fished with gillnets, normal trawls and Danish seines: 120 mm (2) (5) (6);
(c) flatfish in subdivision 28, fished with gillnets, normal trawls and Danish seines: 110 mm (2);
(d) flatfish in subdivisions 29 and 32, south of latitude 59°30' N fished with (i) gillnets: 100 mm, (ii) normal trawls and Danish seines: 110 mm (2);
(e) flatfish fished with trawl and Danish seines with special selectivity devices as specified in (a): 105 mm (2) (5);
(f) herring in subdivisions 22 to 27: 32 mm;
(g) herring in subdivisions 28 to 29, south of latitude 59°30' N: 28 mm;
(h) herring in subdivisions 30 to 32 and subdivision 29, north of latiude 59°30' N: 16 mm;
(i) sprat in the whole Convention area: 16 mm.
(iv) When fishing for cod, only authorized gear for the cod fishery, as defined in subparagraph (iii), or gear with a larger mesh opening, shall be allowed to be kept on board. If there is any other gear on board, landing of cod shall be prohibited.
Article 13
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. For the new Member States, this Regulation shall enter into force on the date of accesion.
It shall apply with effect from 1 January 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1994.