COUNCIL REGULATION (EC) No 3676/93 of 21 December 1993 fixing, for certain fish stock and groups of fish stocks, the total allowable catches for 1994 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 Act of Accession of Spain and Portugal, and in particular Articles 157, 161 and 348 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 implement an 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 establish the total allowable catches (TAC) by fishery or group of fisheries; whereas fishing opportunities should be allocated to 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 and the Kingdom of Norway (2), Article 2 of the Agreement on fisheries between the European Economic Community and the Government of Sweden (3), and 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 (4), the parties have consulted on their reciprocal fishing rights for 1994;

Whereas these bilateral consultations have been concluded; whereas it is possible to fix the TACs, the Community shares and the quotas for those joint and autonomous stocks of which part is allocated to Norway, Sweden and the Faroe Islands;

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 catch restrictions fixed for cod in ICES division II b should also cover all areas where this stock occurs in order to prevent unlimited catches in adjacent areas;

Whereas the International Baltic Sea Fishery Commision 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 Act of Accession of Spain and Portugal 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 must 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 Act of Accession, a distinction must 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 must therefore be defined;

Whereas, in order to ensure effective management of these TACs, 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 and mackerel, transfers of quotas from ICES divisions IV c and VII d to ICES division IV b should be allowed for herring and transfers from zones V b (EC zone), VI, VII, XII and XIV and from zones VIII a, b, d, and e to zone II a (EC zone) and IV (EC zone) should be permitted for hake, and transfers from zones II a (EC zone) and IV and zones II (except EC zones), V b (EC zone) VI, VII, VIII a, VIII b, VIII d and VIII e, XII, XIV to zone IV a (EC zone) should be permitted for mackerel, and transfers from zones V b (EC zone), VI, VII and VIII a, VIII b and VIII d should be permitted for blue whiting;

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 catches of certain pelagic species and certain shrimps (Pandalus spp. except Pandalus montagui) may be taken with a mesh size which derogates from Community regulations; whereas scientific advice on the appropriate mesh sizes for such fisheries is already available; whereas, until the necessary amendments have been made to Regulation (EEC) No 3094/96 (1), it is appropriate to prolong the current conditions of fishing as defined by Article 9 of Regulation (EEC) No 3919/92 (2);

Whereas catches of whiting may be taken with a mesh size which derogates from Community regulations; whereas the Scientific and Technical Committee for Fisheries has commented favourably on the conditions for fishing for whiting currently established; whereas, until the necessary amendments have been made to Regulation (EEC) No 3094/86, it is appropriate to prolong the current conditions of fishing as defined by Article 9 of Regulation (EEC) No 3919/92;

Whereas massive catches of 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 improved economic utilization of Baltic Sea herring requires it to be used for purposes other than direct human consumption; whereas the state of this stock is such that, under appropriate management, there is no danger in implementing such a measure,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation fixes for 1994, 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,

- 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,

- the North Sea shall comprise ICES Sub-area IV and that part of ICES division III a 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 1994 as set out in the Annex.

Article 3

The allocation among the Member States of the share available to the Community of the TACs mentioned in Article 2 is fixed in the Annex.

This allocation shall be without prejudice to exchanges made pursuant to Article 9 (1) of Regulation (EEC) No 3760/92 and re-allocations made pursuant to Article 11 (4) and Article 11 c (2) of Regulation (EEC) No 2241/87 (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 millimetres or less in regions 1 and 2 or 40 millimetres or less in region 3 in accordance with Article 2 (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 millimetres in regions 1 and 2 other than the Skagerrak and the Kattegat and with nets whose mesh size is less than 40 millimetres 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 millimetres in regions 1 and 2 and with nets whose mesh size is less than 40 millimetres 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

1. Fishing for herring shall be prohibited from 1 July to 31 October 1994 within the area bounded by the following coordinates:

- the west coast of Denmark at 55°30′ N,

- latitutde 55°30′ N longitude 07°00′ E,

- latitude 57°00′ N longitude 07°00′ E,

- the west coast of Denmark at 57°00′ N.

2. Fishing for herring shall be prohibited in the zone extending from six to 12 miles off the east coast of the United Kingdom as measured from the baselines between latitudes 54°10′ N and 54°45′ N for the period 15 August to 30 September 1994 and between latitudes 55°30′ N and 55°45′ N for the period 15 August to 15 September 1994.

3. Fishing for herring shall be prohibited throughout the year in the Irish Sea (ICES division VII a) in the maritime area between the west coasts of Scotland, England and Wales and a line drawn 12 miles from the baselines of these coasts bounded to the south by latitude 53°20′ N and to the north-west by a line drawn between the Mull of Galloway (Scotland) and the Point of Ayre (Isle of Man).

4. Fishing for herring shall be prohibited from 21 September to 31 December 1994 in the parts of the Irish Sea (ICES division VII a) bounded by the following coordinates:

(a) - the east coast of the Ilse of Man at latitude 54°20′N,

- latitude 54°20′ N, longitude 3°40′ W,

- latitude 53°50′ N, longitude 3°50′ W,

- latitude 53°50′ N, longitude 4°50′ W,

- the south-west coast of the Isle of Man at longitude 4°50′ W;

(b) - the east coast of Northern Ireland at latitude 54°15′ N,

- latitude 54°15′ N, longitude 5°15′ W,

- latitude 53°50′ N, longitude 5°50′ W,

- the east coast of Ireland at latitude 53°50′ N.

Fishing for herring shall be prohibited throughout 1994 in Logan Bay, defined as being the waters east of a line drawn from the Mull of Logan, situated at latitude 54°44′ N and longitude 4°59′ W, to Laggantalluch Head, situated at latitude 54°41′ N and longitude 4°58′ W.

5. Notwithstanding paragraph 4, vessels with a length not exceeding 12,2 metres based in ports situated on the east coast of Ireland and Northern Ireland between latitudes 53°00′ N and 55°00′ N may fish herring in the prohibited area described in paragraph 4 (b). The only method of fishing authorized shall be drift netting with nets of a minimum mesh size of 54 mm.

6. Fishing for herring shall be prohibited in the maritime area situated to the north east of a line drawn between Mull of Kintyre and Corsewall Point from 1 January to 30 April 1994.

7. Fishing for herring shall be prohibited from 15 to 31 January 1994 within the area bounded by the following coordinates:

- the south-east coast of Ireland at latitude 52°30′ N;

- latitude 52°30′ N, longitude 06°00′ W;

- latitude 52°00′ N, longitude 06°00′ W;

- the south-east coast of Ireland at latitude 52°00′ N.

8. 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 7

Notwithstanding Article 2 of and Annex I to Regulation (EEC) No 3094/86, under headings Region '2`, Geographical area 'Entire region except Norway pout box` and the 'Authorized target species` with respect to Norway pout, the maximum percentage of protected species shall be 15 % of which no more than 5 % shall be taken up by cod and haddock.

Article 8

Blue whiting, anchovy and horse mackerel shall be considered to be species other than demersal.

Article 9

Footnotes 11, 12 and 13 in Annex I to Regulation (EEC) No 3094/86 are hereby replaced by the following:

(11) 'The use of 32 mm mesh shall be permitted until 31 December 1994`,

(12) 'The use of 35 mm mesh shall be permitted until 31 December 1994`;

(13) 'The conditions for this type of fishing shall remain valid until 31 December 1994`.

Article 10

Notwithstanding 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 run from 1 April up to and including 31 December.

Article 11

Notwithstanding Regulation (EEC) No 2115/77, directed fishing for and landing of herring from the Baltic Sea can be conducted for purposes other than direct human consumption, on a pilot basis until 31 December 1994, within the rules provided in Regulation (EEC) No 1866/86.

Article 12

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply with effect from 1 January 1994.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 December 1993.

For the Council The President A. BOURGEOIS

(1) OJ No L 389, 31. 12. 1992, p. 1.

(2) OJ No L 226, 29. 8. 1980, p. 48.

(3) OJ No L 226, 29. 8. 1980, p. 2.

(4) OJ No L 226, 29. 8. 1980, p. 12.

(1) OJ No L 288, 11. 10. 1986, p. 1. Regulation as last modified by Regulation (EEC) No 3919/92.

(2) OJ No L 397, 31. 12. 1992, p. 1. Regulation as modified by Regulation (EEC) No 927/93 (OJ No L 96, 22. 4. 1993, p. 1).

(3) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission communications 85/C 347/05 (OJ No C 347, 31. 12. 1985, p. 14) and 85/C 335/02 (OJ No C 335, 24. 12. 1985, p. 2) respectively.

(1) OJ No L 207, 29. 7. 1987, p. 1, Regulation as amended by Regulation (EEC) No 3483/88 (OJ No L 306, 11. 11. 1988, p. 2).