COUNCIL REGULATION (EC) No 390/97 of 20 December 1996 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

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 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, and in particular the management of catch limitations on a pluriannual and multispecies basis, 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 for a system of limitation of fishing effort, and to enhance scientific knowledge; whereas, until such a management regime is consolidated, limitation of exploitation rates should be guaranteed by the current total allowable catch (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 by fishery or group of fisheries; whereas fishing opportunities should be allocated to Member States in accordance with Article 8 (4) (ii) of that Regulation;

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, in order to ensure a better exploitation of the quotas of herring, anchovy, 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 it is necessary to establish the principles and certain procedures of fishery management at Community level, so that Member States can ensure the management of the fleets under their flag or jurisdiction;

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 the provisions laid down in Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (2), it is necessary to indicate which stocks are subject to the various measures fixed therein;

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 (3), the Parties have consulted on their reciprocal fishing rights for 1997; 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 Faeroe 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 (4), the Community and Norway have held consultations concerning mutual fishing rights for 1997; whereas these consultations have not yet been successfully concluded and therefore it is not possible to fix the TACs, the Community shares and the quotas for joint stocks and, where necessary, for other stocks;

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 it is appropriate to implement those recommendations;

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, pursuant to Article 122 of the 1994 Act of Accession, the conditions under which allocations made within the framework of the Accession can be fished will remain identical to those applicable immediately prior to the entry into force of the 1994 Treaty of Accession;

Whereas improved economical utilization of Baltic 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 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 the International Baltic Sea Fisheries Commission has recommended certain technical measures for resource conservation to be implemented by its Contracting Parties with effect from 1 January 1997;

Whereas the economical effectiveness of the fishery for horse mackerel in zones VIII c and IX may be improved by the landing of small horse mackerel within limits compatible with the sustainability of the resource;

Whereas the rebuilding of the stock of herring in the North Sea requires that the special management measures stipulated in Regulation (EC) No 1602/96 (5) should be continued in 1997;

Whereas, according to the most recent scientific advice, the stock of sardine in areas VIII c and IX a is below minimum biological acceptable levels; whereas it appears necessary to adopt measures to guarantee a balanced exploitation of sardine;

Whereas a review of the management system for North Sea herring is foreseen for adoption in 1997; whereas it would be uneconomical for Community fishermen to purchase in the interim period nets of mesh sizes other than those which they are currently authorized to use;

Whereas protection of nursery areas should be provided for, taking into account the specific biological conditions in the various zones concerned,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation fixes for 1997, 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 (6).

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 Hasenøre 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 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 1997 as set out in Annex I.

Article 3

TACs for by-catches of herring taken in certain fisheries are hereby fixed for 1997 as set out in Annex II.

Article 4

The allocation among the Member States of the share available to the Community of the TACs mentioned in Article 2 is fixed for 1997, in the form of fish quotas, in Annex I.

This allocation shall be without prejudice to:

- exchanges made pursuant to Article 9 (1) of Regulation (EEC) No 3760/92,

- reallocations made pursuant to Articles 21 (4), 23 (1) and 32 (2) of Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (7),

- 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.

Article 5

The stocks which are subject to a precautionary or to an analytical TAC, the stocks to which Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which Article 5 (2) of the same Regulation shall apply, are fixed for 1997 in Annex III.

Article 6

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 Sate 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 Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (8), 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 pursuant to 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. Notwithstanding paragraphs 1 and 2, when any of the catch limitations indicated in Annex II to this Regulation are exhausted, it shall be prohibited for vessels operating within the fisheries to which the relevant catch limitations apply to land catches which are unsorted and which contain herring.

4. 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 7

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 8

1. It shall be prohibited to retain on board herring which are caught within the geographical areas and during the periods mentioned below:

(a) from 15 to 31 January 1997 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;

(b) from 30 October to 12 November 1997 within the area bounded by the following coordinates:

- the southern coast of Ireland at longitude 09° 00' W,

- latitude 51° 15' N, longitude 09° 00' W,

- latitude 51° 15' N, longitude 11° 00' W,

- latitude 52° 30' N, longitude 11° 00' W,

- the west coast of Ireland at latitude 52° 30' N.

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 9

By way of derogation from Regulation (EEC) No 2115/77 (9), direct fishing and landing of herring for purposes other than human consumption may be conducted, until 31 December 1997, by vessels flying the flag of Sweden or Finland and, in the Baltic Sea, on a pilot basis, by vessels flying the flag of another Member State, 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 (10).

Article 10

Member States where there occur landings of herring unsorted from the remainder of the catch shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by-catches of herring.

It shall be prohibited to land catches of fish containing unsorted herring in harbours where sampling programmes referred to in the first paragraph are not in place.

Article 11

Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular:

(i) special control and inspection programmes;

(ii) effort plans, including lists of authorized vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorized vessels;

(iii) control of transhipment and of practices which incur discarding;

(iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur.

Article 12

Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 10 and 11 of this Regulation.

Article 13

The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 10 and 11 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved.

Article 14

1. All landings of herring caught in ICES areas III a, IV and VII d by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation.

2. All landings of herring caught in ICES areas III a, IV and VII d by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation.

3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption.

4. Notwithstanding the conditions defined in paragraphs 1 and 2, all herring caught in ICES area III a by vessels fishing for species other than herring as defined in Annex II to this Regulation shall be counted against the corresponding quota defined in Annex II.

Article 15

By way of derogation from the second subparagraph of Article 9 (3) (a) 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 1997.

Article 16

Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 10 June to 20 August 1997 inclusive.

Article 17

This Regulation 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 1997.

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

Done at Brussels, 20 December 1996.

For the Council

The President

S. BARRETT

(1) OJ No L 389, 31. 12. 1992, p. 1. Regulation as amended by the 1994 Act of Accession.

(2) OJ No L 115, 9. 5. 1996, p. 3.

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

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

(5) OJ No L 198, 8. 8. 1996, p. 1.

(6) 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.

(7) OJ No L 261, 20. 10. 1993, p. 1. Regulation as last amended by Regulation (EC) No 2489/96 (OJ No L 338, 28. 12. 1996, p. 12).

(8) OJ No L 288, 11. 10. 1986, p. 1. Regulation as last amended by Regulation (EC) No 2251/95 (OJ No L 230, 27. 9. 1995, p. 11).

(9) OJ No L 247, 28. 9. 1977, p. 2.

(10) OJ No L 162, 18. 6. 1986, p. 1. Regulation as last amended by Regulation (EC) No 1821/96 (OJ No L 241, 21. 9. 1996, p. 8).

ANNEX I

TACs by stock and by area for 1997 and the allocation among the Member States of the share available to the Community (in tonnes live weight, except where otherwise specified). All catch limitations set out in this Annex are considered as quotas for the purposes of Article 5 of this Regulation, and shall, therefore, be submitted to the rules set out in Regulation (EEC) No 2847/93, in particular Articles 14 and 15 thereof.

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ANNEX II

Total allowable catch of herring to be landed unsorted for purposes other than human consumption (in tonnes, live weight). All catch limitations set out in this Annex are considered as quotas for the purposes of Article 5 of this Regulation, and shall, therefore, be submitted to the rules set out in Regulation (EEC) No 2847/93, in particular Articles 14 and 15 thereof.

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ANNEX III

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