I COMMISSION OF THE EUROPEAN COMMUNITIES 
"* 1 
•6- à 
Brussels, 03.04.1996 
COM(96) 147 final 
Proposal for a 
COUNCIL REGULATION ŒO 
amending Regulation (EC) No. 3074/95 
fixing, for certain fish stocks and groups of fish stocks, 
the total allowable catches for 1996 and certain conditions under which they may be 
fished 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
The present proposal is aimed at introducing three new measures in Council Regulation (EC) 
No 3074/95, fixing, for certain fish stocks and groups of fish stocks, the total allowable 
catches (TACs) for 1996 and certain conditions under which they may be fished. These are: 
A new TAC for Norwegian Spring-spawning herring; this requires also a modification 
of the reference area for the TAC of North Sea herring; 
a temporary ban on Baltic cod fisheries, in order to implement the recommendations 
of the International Baltic Sea Fisheries Commission, and 
a temporary modification of the conditions under which the TAC for sprat in 
Skagerrak and Kattegat can be fished, as mesh sizes are concerned. 
1. Norwegian Spring-spawning herring. 
Since 1994, the stock of Norwegian spring-spawning herring has been expanding its 
geographical distribution which, since the collapse of the stock in the 1970's was confined to 
the waters under national jurisdiction of Norway. The stock is now occurring both within the 
waters of a number of States bordering the North-East Atlantic, including Community fishing 
waters, mainly the waters off the Shetland Islands north of 62° N, as well as in international 
waters; it has become a straddling fish stock. 
Assessments made by the Advisory Committee on Fishery Management (ACFM) at the 
request of the North-East Atlantic Fisheries Commission (NEAFC) suggest that, in view of 
the nature of this stock and despite remaining uncertainty as to whether and when the stock 
will actually reach its traditional range of distribution, this stock should henceforth be 
managed in a cautious way by restricting the total catch to no more than 1,000,000 tonnes. 
The Community has sought to bring about the necessary conservation measures for the entire 
stock in the framework of NEAFC, which it considers to be the appropriate regional fisheries 
organisation to regulate that stock. So far, these efforts have not yet yielded results. 
Rising tensions over this issue are also due to the fact that the other coastal States involved 
have unsuccessfully tried to reach an agreement among themselves and that, therefore, those 
States proceeded to allocate themselves autonomous quotas which, if added together, exceed 
the total catch recommended by ACFM. 
While efforts to cooperate in the conservation of this stock continue, both directly by all the 
coastal States concerned and at the level of NEAFC, it is incumbent upon the Community to 
forestall unregulated fishing on that stock by Community fishing vessels. It is, therefore, 
necessary to establish, for 1996, a legal framework within which the fishery can be developed 
in an orderly manner. This legal framework should comprise a precautionary TAC, which, 
- 1 -
uiuler prevailing circumstances ami with due regard to all relevant sea areas where the 
Community enjoys either exclusive or equal fishing rights, is justified to be fixed at 15% of 
the suggested total catch. 
This TAC should apply to international waters and Community waters of ICES areas I and 
II. In order to keep consistency, the reference area for the TAC of North Sea herring should 
therefore exclude any part of area II. 
2. Summer ban for Baltic cod. 
During its 21st session, the International Baltic Sea Fisheries Commission (IBSFC) has 
recommended a ban on cod fishing from 10 June to 20 August 1996. Given the temporary 
nature of this measure and its association with the TAC for Baltic cod for 1996, it is believed 
that the ban should be implemented by means of the TAC regulation, instead of Council 
Regulation No 1866/86 on technical measures applicable to the Baltic Sea. 
v Mesh size for sprat in Skagerrak and Kattegat. 
The fishery for sprat in ICES Division Ilia (Skagerrak and Kattegat) is conducted as a mixed 
fishery (mixed clupeoid fishery) with 32 mm mesh, under certain special conditions regarding 
the catch composition by species. According to provisions stipulated in the 1994 Act of 
Accession, Sweden enjoys a derogation allowing the use of 16 mm mesh in this fishery until 
30 June 1996. 
In recent times, however, the stock of sprat is improving in such a way that it is starting to 
predominate in the catch. The use of 16 mm would in these circumstances contribute to a 
better use of the catch possibilities for sprat while minimizing the impact on associated 
species, and should therefore be implemented on a permanent basis. The Commission is 
intending to do so in the framework of a major revision of technical measures. In the mean 
time, in order to better take advantage of the fishing possibilities offered by the TAC 
regulation for this stock in 1996, and with a view to ensuring continuity of the conditions of 
fishing of Swedish vessels, a temporary derogation should be implemented allowing the use 
of 16 mm mesh. 
This proposal intends to address these matters by modifying Council Regulation (EC) No. 
3074/95. 
2-
Proposal for a 
Council Regulation (EC) No /96 of 1996 
amending Regulation (LC) No. 3074/95 
fixing, for certain fish stocks and groups of fish stocks, 
the total allowable catches for 1996 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 lor fisheries and aquaculture1, and in particular Article X (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 Regulation (EC) No. 3074/952 fixes, for certain fish stocks and groups offish stocks, 
the TACs for 1996 and certain conditions under which they may be fished; 
Whereas since 1994, the stock of Atlanto-Scandian herring has been continuously extending 
its area of distribution and is now occurring both within areas under national jurisdiction of 
a number oï States bordering the North-East Atlantic, including Community fishing waters, 
as well as in high seas areas; 
O.J. No L389, of 31.12.1992, p. 1 
O.J. No L 330,of 30.12.1995, p.l 
J 
Whereas available scientific information suggests that this stock be managed in a cautious 
way by ensuring that the spawning stock biomass is maintained above 2 .5 million tonnes; 
Whereas pending agreement, by way of cooperation between all States concerned, on 
appropriate conservation and management measures concerning this slock, it is necessary to 
establish, by way of an autonomous measure, a legal framework which ensures the rational 
and responsible exploitation of this stock by Community fishing vessels within both 
Community fishing waters and beyond; whereas that legal framework should consist of a 
precautionary TAC at a level compatible with scientific advice which, under prevailing 
circumstances, is justified to be fixed at 150 000 tonnes; 
Whereas, due to the positive evolution of the stock of sprat in the Skagerrak and the Kattegat, 
a profitable use of the fishing possibilities allocated to the Union lor 1996 would require 
fishing with 16 mm mesh; 
Whereas the International Baltic sea Fisheries Commission has recommended certain seasonal 
restrictions associated to the cod fishery in the Baltic for 1996; 
Whereas Council Regulation (EC) No 3074/95 should therefore be amended accordingly, 
HAS ADOPTED THIS REGULATION ; 
Article I 
Council Regulation (EC) No 3074/95 is hereby modified as follows: 
1) The following Article shall be inserted after Article 8: 
H 
Article 8 bis 
Fishing for cod shall be prohibited in the Baltic Sea, the Bells and the 
Oresund from 10 June to 20 August 1996 inclusive." 
2) In the Annex to Regulation (EC) No 3074/95, the heading "Species: Herring, Clupea 
hiircngu.w /one: lla(l), IVab" shall be replaced by "Species: Herring, Clupea 
harengus, /one: IVab" 
3) Annex I to this Regulation shall replace the corresponding elements of the Annex to 
Regulation (EC) No 3074/95. 
4) Annex II to this Regulation shall be inserted in the Annex to Regulation (EC) No 
3074/95. 
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. 
r 
Annex I 
I Species: Sprat 
Sprattus sprattus Zone: Ilia 
België / Belgique 
Danmark 
Deutschland 
Irllada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederiand 
Osterreich 
Portugal 
Suomi/Finland 
Svenge 
United Kingdom 
FC 
»AC 28810 (1)(2) 
60 (1)(3) 
10900 (tK2) 
39770(1) 
43000(1)0 (1) Includes all by-catches of all other species which are caught when fishing toi sprat and 
which are landed unsorted notwithstanding Article 5. paragraph 2 of this regulation, 
paragraphs 1 and 2 of Council Regulation (EEC) No 3094/86 of 7 Oclobei 191)0 (O J No 
I 288. 11 10.86. p 1 ) I his quota may be fislwd with a mesh si/e of 1 ("> mm 
(2) No fishing of this quota may take place, in the Skagerrak. within 4 miles of the baselines 
of the Kingdom of Norway 
(3) No fishing of this quota may take place, in the Skagerrak. within 12 miles of the baselines 
of the Kingdom of Norway 
(*) Precautionary TAC 
Annex II 
Species: Herring 
Clupea harengus Zone: 
België / Belgique 
Danmark 
Deutschland 
Ellada 
Espana (1) 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal (1) 
Suomi/Finland (1) 
Sverige (1) 
United Kingdom 
150.000 (2) 
EC 150.000 (1 ) Fishing of this stock is not allowed in Community waters 
(2) Available for all Member States Member States must inform the 
Commission every tuesday of their landings the preceding week 
TAC 150.000 
? 
ISSN 0254-1475 
COM(96) 147 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-96-151-EN-C 
ISBN 92-78-02447-3 
Office for Official Publications of the European Communities 
L-2985 Luxembourg