Proposal for a COUNCIL REGULATION (EC) amending for the fourth time Regulation (EC) No 45/98 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1998 and certain conditions under which they may be fished

(presented by the Commission)

EXPLANATORY MEMORANDUM

The TACs for the stocks of nephrops in the Skagerrak, the Kattegat and ICES area IIIbcd and sprat in ICES areas IIa (EC waters) and North Sea (EC waters), which are subject to a precautionary TAC, appear insufficient to maintain exploitation for the whole of 1998. In accordance with the provisions laid down in Regulation (EC) No 847/96 (1), precautionary TACs may be reviewed under conditions stipulated in Article 3(1) therein. Those conditions are satisfied for these stocks.

(1) OJ L 115, of 9. 5. 1996, p. 3.

Moreover, within the framework of the bilateral consultations on the reciprocal fishing rights between the Community and Poland for 1998, the Community shares for Baltic sprat and cod have been modified.

This proposal intends to address these matters by modifying Council Regulation (EC) No 45/98.

Proposal for a

COUNCIL REGULATION (EC)

amending for the fourth time Regulation (EC) No 45/98 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1998 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 (2), and in particular Article 8 (4) thereof,

(2) OJ L 389, of 31. 12. 1992, p. 1. Regulation as amended by the 1994 Act of Accession.

Having regard to the proposal from the Commission,

Whereas Regulation (EC) No 45/98 (3) fixes, for certain fish stocks and groups of fish stocks, the TACs for 1998 and certain conditions under which they may be fished;

(3) OJ L 330, of 30. 12. 1995, p. 1. Regulation as last amended by Regulation (EC) No 2386/98 (OJ L 297, 6. 11. 1998, p. 3).

Whereas, in accordance with the provisions laid down in Regulation (EC) No 847/96 (4), precautionary TACs may be reviewed under conditions stipulated in Article 3(1) therein; whereas those conditions are satisfied for the stocks of nephrops in the Skagerrak, the Kattegat and ICES area IIIbcd and sprat in ICES areas IIa (EC waters) and North Sea (EC waters);

(4) OJ L 115, of 9. 5. 1996, p. 3.

Whereas, within the framework of the bilateral consultations on the reciprocal fishing rights between the Community and Poland for 1998, the Community shares for Baltic sprat and cod have been modified;

Whereas Council Regulation (EC) No 45/98 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to this Regulation replaces the corresponding elements of the Annex to Regulation (EC) No 45/98.

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

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