COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 18.07.1996 
COM(96) 349 final 
Proposal for a 
COUNCIL REGULATION (EC) 
Fixing special management measures for North Sea herring and modifying Council 
Regulation (EC) No 3074/95 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
According to the most recent scientific information, and in particular, the report of the 
Advisory Committee for Fisheries Management of the International Council of the Exploration 
of the Sea, the stock of herring in the North Sea is outside safe biological limits, its present 
fishing mortality is at more than double the level considered to be sustainable, and recent 
recruitment of fish to the stock is not sufficient to replenish the stock at present exploitation 
levels. 
According to scientific advice from the above-mentioned sources, it is necessary to take rapid 
action to rebuild the spawning stock and to reduce fishing mortality; these measures should 
consist of a reduction of the catch of herring by fleets fishing for human consumption in 1996 
to half the present figures of Total Allowable Catch (TAC) and of a decrease by half of the 
fishing mortality of herring caught as by-catch by other fleets in 1996. If these objectives are 
not achieved, no fishing of herring in 1997 should take place; otherwise the stock would 
collapse. 
In view of this situation, the Union has consulted Norway, in the framework of our fisheries 
agreements, in order to decide on the most appropriate management measures for this joint 
stock. The measures agreed consist of a reduction of the current TAC, the setting of a 
limitation in industrial by-catches, and other accompanying measures contributing to achieve 
the aim of reducing fishing mortality of herring to half its present level. 
Given that some Member States had already fished a substantial part of their quota as set out 
by the 1996 TAC regulation1, and that catches could increase swiftly due to the schooling 
behaviour of herring, there was a risk that the objectives pursued cannot be reached unless 
very rapid action was taken. It was therefore justified to make use of the procedure foreseen 
in Article 15 of Council Regulation No 3760/922, by which the Commission can take 
autonomous measures which are binding for all Member States for a period not longer than 
six months. The Commission has adopted the pertinent measures by 1 July 1996. 
However, now that the urgent measures had already been taken, it is advisable to propose to 
the Council that the situation be tackled within the normal context of fisheries management, 
especially in relation to control. The present proposal aims at that objective, in addition to the 
measures already taken by the Commission, it contains three further provisions: 
i) A reduction in the TAC for North Sea sprat, in order to give additional protection to 
herring, which is usually taken as by-catch in large quantities; 
ii) A "one-net" rule for vessels using trawls of less than 32 mm mesh, in order to better 
identify the type of fishery that originated the landings of herring, and 
iii) A prohibition to land unsorted catches containing any herring after ehaustion of by-
catch limits. 
1 Council Regulation (EC) No 3074/95, O. J. No L 330, 30.12.1995, p. 1. 
2 O. J. No L 389, 31.12.1992, p.l 
Proposal for a 
COUNCIL REGULATION (EC) 
Fixing special management measures for North Sea herring and modifying Council 
Regulation (EC) No 3074/95 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EC) N° 3760/92 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, 
Whereas the most recent scientific information, and in particular the report of the Advisory 
Committee for Fisheries Management of the International Council for the Exploration of the 
Sea, indicates that the stock of herring in the North Sea is outside safe biological limits, that 
the present fishing mortality is more than double the level considered to be sustainable and 
that recent recruitment of young fish to the stock is not sufficient to replenish the stock at 
present exploitation levels; 
Whereas, according to scientific advice from the above-mentioned sources, it is necessary to 
take rapid action to rebuild the stock and to reduce fishing mortality; whereas these measures 
should consist of a reduction of the catch of herring by fleets landing herring for human 
consumption in 1996 to half the present figure of Total Allowable Catch (TAC) and of a 
decrease by 50% of the fishing mortality of herring caught as by-catch by other llccts in 
1996; 
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 Norway2, the 
Community and Norway have held consultations concerning the measures which fall within 
their remit to be taken for North Sea herring; whereas these consultations have been 
successfully concluded and measures have been agreed; 
Whereas the Commission has already implemented in Regulation (EC) N° 1265/963 such 
measures under powers delegated to it in accordance with Article 15 of Regulation (EEC) No 
3760/92; 
1 O. t. No L 389, 31.12.1992, p. 1 
2 OJ L226, 29.8.1930, p. 48 
' O. J. No I 163, 2.07.1996, p. 24 
Whereas additional, complementary measures are also required to support the measures 
already implemented; whereas these additional measures should include reduction in the TAC 
for sprats in the North Sea, specification of conditions to be implemented when limits on by-
catch are reached and the implementation of a "one-net rule" when fishing with nets of 
minimum mesh size less than 32mm; 
Whereas it is appropriate to merge these measures and those stipulated in Regulation (EC) 
No 1265/96 in a single act and to repeal the latter; 
Whereas Regulation (EC) No 3074/954 fixes, for certain stocks and groups of stocks, the 
TACs, their allocation to Member States and certain conditions under which they may be 
fished; whereas certain of its provisions should be modified accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Member States where landings occur of herring unsorted from the remainder of the catch shall 
ensure that adequate sampling systems are in place in order to monitor effectively the 
landings of by-catches of herring. 
It shall be prohibited to land in harbours where such a sampling system is not in place catches 
of fish containing unsorted herring. 
Article 2 
Member States shall adopt special control and management measures and any other actions 
concerning the capture, sorting and 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 authorised vessels and, where deemed necessary on the 
basis of quota exhaustion beyond the level of 70%, limitations on the activity of 
authorised vessels; 
(iii) control of transshipment and of practices which incur discarding; 
(iv) where possible, temporal prohibition to fish in areas where high by-catch rates of 
O. J. No L330, 30.12.1995, p. 1 
«v 
Article 3 
Inspectors authorised by the Commission shall, whenever the Commission deems it necessary, 
carry out independent inspections in order to verify the implementation by Ilu* competcnl 
authorities ol the sampling programmes and of the detailed measures mentioned in Articles 
I and 2. 
Article 4 
The Commission shall prohibit landings of herring if it is deemed that the implementation of 
the measures mentioned in Articles 1 and 2 do not constitute a sufficient guarantee that a 
strict control of fishing mortality of herring in all fisheries is achieved. 
Article 5 
Notwithstanding Article 15(1) of Regulation (EC) N° 2847/93\ Member States shall 
communicate to the Commission, by Tuesday of every week, the landings of herring and of 
sprat caught in the zones mentioned in Annexes I and II made in the preceding week. 
Article 6 
Vessels which carry on board in the North Sea or the Skagerrak and Kattegat towed nets of 
minimum mesh size less than 32mm may not simultaneously carry on board towed nets of 
minimum mesh size of 32mm or greater. 
Article 7 
Council Regulation (EC) No 3074/95 is hereby amended as follows: 
1. The following paragraph is inserted in Article 5: 
"Ibis. Notwithstanding paragraphs 1 and 2, when each of the catch limits indicated in 
Annex II of this Regulation is exhausted, it shall be prohibited for vessels operating 
within the fisheries to which these catch limits apply to land catches which arc 
unsorted and which contain herring." 
2. Annex I of this Regulation shall replace the corresponding elements of the Annex. 
3 Annex II of this Regulation shall be inserted in the Annex 
O J. No L 2.61, 20.10.1993, p. 1. 
Article X 
Commission Regulation (EC) N° 1265/96 is hereby repealed. 
Article 9 
This Regulation shall enter into force on the day of its publication in the Official Journal of 
the European Communities and shall be applicable until 31 December 1996. 
This Regulation shall be binding in its entirety and directly applicable in all Member Stales. 
Done at Brussels, 
Annex I, page 1 
Species: herring (1) Zone Ilia 
Clupea harengus 
België / Belgique (1 ) Landed as the entire catch or sorted from the remainder of the catch 
Oanmark 37580(2) (2) No fishing of this quota may take place, in the Skagerrak. within 4 miles of the baselines 
OeutSChland 600 (3) of the Kingdom of Norway 
Ellada (3) No fishing of this quota may take place, in the Skagerrak. within 12 miles of the baselines 
Espana of me Kingdom of Norway 
France (*) Precautionary TAC 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 39320 (2) 
United Kingdom 
EC 77500 
TAC 90000 C) 
Species: herring (1) Zone IVab 
Clupea harengus 
België / Belgique ( 1 ) Landed as the entire catch or sorted from the remainder of the catch 
Danmark 21240 (2) May only be fished m IVa and IVb 
DeutSChfand 13230 (3) Of which no more than 452401 may be fished in waters under the sovereignty or 
Ellada jurisdiction of Norway. 
Espana (4) Member States must inform the Commission of their landings of herring distinguishing 
France 5410 between ICES Divisions IVa and IVb 
Ireland 
Italia 
Luxembourg 
Nederland 21380 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 1590 (2) 
United Kingdo 22910 
EC 85760 (3H4) 
TAC 131000 
Annex I, page 2 
[Species: herring (1) 
Clupea harengus Zone IVc. Vlld (2) 
België / Belgiq 
Danmark 
Deutschiand 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdo 
EC 
IAC 7100 
350 
350 
8680 
6790 
1730 
25000 
25000 (') (1) 
(2) 
(*) Landed as the entire catch or sorted from the remainder of the catch 
Except Blackwater stock: reference is to the herring stock in the maritime region of 
the Thames estuary within a zone delimited by a line running due south from Landguard 
Point (51° 56' N. 1°19.1" E) to latitude S1"33' N and hence due west to a point on the 
coast of the United Kingdom 
Precautionary TAC 
(Species: Sprat 
Sprattus sprattus Zone lla(1), IV (1) 
België / Belgiq 
Danmark 
Deutschiand 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdo 
EC 
TAC 1500 
1500 
1500 
1500 
1500 
1330 (3) 
1500 
114670 (2) 
125000 
150000 n ( 1 ) Community waters 
(2) Available to all Member States except Spain. Portugal. Sweden and Finland 
(3) Including sandeel 
(*) Precautionary TAC 
t 
Annex II, page 1 
ISpecies: herring (1) 
Clupea harengus Zone: Ilia 
België / Belgique 
Danmark 
Deutschiand 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 
FC (1 ) By-catches of herring taken in the fishery for sprat and landed unsorted 
(2) Available to all Member States except Spain, Portugal and Finland 
AC 12000 (2) 
12000 
12000 
Species: herring (1) 
Clupea harengus Zone: 
België / Belgique 
Danmark 
Deutschiand 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 
EC (1 ) By-catches of herring taken in fisheries for species other than sprat and landed unsorted 
(2) Available to all Member States except Spam, Portugal and Finland 
TAC 87000 (2) 
87000 
87000 
1 
Annex II, page 2 
[Species: herring(1) 
Clupea harengus Zone: lla(2). IV. Vlld 
België / Belgique 
Danmark 
Deutschiand 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 
EC (1 ) By-catches of herring taken in fisheries for species other than herring and landed unsorted 
(2) Community waters 
(3) Available to all Member States, except Spain. Portugal and Finland 
TAC 44000 (3) 
44000 
44000 
4> 
ISSN 0254-1475 
COM(96) 349 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-96-357-EN-C 
ISBN 92-78-06940-X 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
M