pip 
Fi- J-VL-'Ï' COMMISSION OF THE EUROPEAN COMMDNITIES 
COM(90) 134 final 
Brussels, 6 ApriI 1990 
Proposai for a 
COUNCIL REGULATION fEECl 
m 
1s ™^^t^ (EEC) n. 2245/85 ^ ^ œrtain tecfeni 
«easures for the conservation of fish stocks in the Antarctic 
(présentée! by the Commission) 
H*'-, ssst ,• 
EXPLANATORY MEMORANDUM 
On 5 November 1991 the Commission for the Conservation of Antarctic 
Marine Living Resources (CCAMLR) notified Contracting Parties of the 
conservation measures adopted at the 1991 Annual Meeting held in Hobart 
in the period 22 October-2 November 1991. 
These conservation measures which are based on the scientific advice 
submitted by CCAMLR's Scientific Committee, reflect conservation measures 
adopted by CCAMLR in previous years. They involve, notably, the fixing 
of TACs for the species Euphausia superba, Dissostichus eleglnoldes and 
electron* carlsbergi for the 1991/92 fishing season. Other measures 
relate to mesh sizes, closed seasons, prohibition on directed fisheries 
for certain stocks catch reporting systems and the introduction of 
procedures whereby Members notify CCAMLR when they are considering 
initiating a new fishery. The measures concern essentially FAO 
Antarctic sub-area 48.3 i.e. the waters around South-Georgia, where the 
major concentrations of fish stocks occurs. 
Pursuant to Article IX(6)(b) of the Convention on the Conservation of 
Antarctic Marine Living Resources, these measures will become binding on 
all the Contracting Parties on 5 May 1992, as they were accepted by all 
Members of the CCAMLR before 5 February 1992. 
In view of the agreement between the members of CCAMLR and the importance 
of these conservation measures for this fish stocks concerned, the 
Community is called upon to apply these measures to Community fishermen 
immediately. 
The purpose of this Regulation is to implement these recommendations by 
i 
amending the existing Regulation laying down certain technical measures 
for the conservation of fish stocks in the Antarctic. 
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PROPOSAL FOR A 
COUNCIL REGULATION (EEC) 
of 
amending Regulation (EEC) n° 2245/85 laying down certain technical 
measures for the conservation of fish stocks in the Antarctic 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to Council Regulation (EEC) N° 170/83 of 25 January 1983 
establishing a Community system for the conservation and management of 
fishery resourcesC1), as amended by the Act of Accession of Spain and 
Portugal, and in particular Article 11 thereof, 
Having regard to the proposal from the Commission, 
Whereas, pursuant to Article 2 of Regulation (EEC) N° 170/83, the 
conservation measures necessary to achieve the aims set out in Article 1 
of that Regulation are to be formulated in the light of the available 
scientific advice; 
Whereas the Convention on the Conservation of Antarctic Marine Living 
Resources, hereinafter called "the ConventionM, was approved by Council 
Decision 81/691/EEc(2); whereas it entered into force for the C3cmmunity 
on 21 May 1982; 
Whereas the Commission for the Conservation of Antarctic Marine Living 
Resources (CCAMLR), established by the Convention, adopted, on the 
recxxnmendation of its Scientific Committee, certain conservation measures 
applicable in particular to the fish stocks occuring in the waters off 
South Georgia as well as notification procedures to be followed by 
members of CCAMLR considering initiating a new fishery; 
Whereas these conservation measures were notified to the members of the 
CCAMLR on 5 November 1991; whereas, in the absence of objections to the 
measures, they become binding on 4 May 1992 under Article IX (6) of the 
Convention; 
(1) OJ N° L 24 Of 27.1.1983, p. 1 
(2) OJ N° L 252 of 5.9.1981, p. 26 
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Whereas the members of the CCAMLR stated that they intended to apply 
these conservation measures on a provisional basis, without waiting 
until they became binding, in view of the fact that certain of the 
conservation measures related to a fishing season which commenced on 1 
July 1991; 
Whereas, therefore, the necessary provisions should now be laid down to 
ensure that the conservation measures adopted by the CCAMLR are applied 
to Community fishermen; 
Whereas, pursuant to Article 3 of Regulation (EEC) N° 170/83, it is for 
the Council to establish the TAG per stock or group of stocks, the share 
available to the Community, and the specific conditions under which 
catches have to be taken; 
Whereas the fishing activities referred to in this Regulation are 
subject to the control measures provided for in Council Regulation (EEC) 
N° 2241/87 of 23 July 1987 establishing certain control measures for 
fishing activities C1), as amended by Regulation (EEC) N° 3483/88 (2); 
Whereas Regulation (EEC) N° 2245/85 (3), as last amended by Regulation 
(EEC) N° 2810/91 (4), should be amended accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) N° 2245/85 is hereby ammended as follows : 
1. Articles 2, 2a, and 2b shall be replaced by the following : 
"Article 2 
Prohibition on fishing (*) 
1. Directed fishing for Champsocephalus gunnari, Patagonotothen 
brevicauda guntheri, Nbtothenia rossii, Notothenia gibberifrons, 
Chaenocephalus aceratus, Pseudochaenichthys georgianus and 
Notothenia squamifrons in FAD Antarctic sub-area 48.3 (South 
Georgia) shall be prohibited from 2 November 1991 to 6 November 
1992, except for scientific research purposes. 
(1) OJ N° L 207 of 29.7.1987, p. 1 
(2) OJ N° L 306 of 11.11.1988, p. 2 
(3) OJ N° L 210 Of 7.8.1985, p. 2 
(4) OJ N° L 271, 27.9.1991, p. 1 
mtfi/CCAMLR/REGLEM./ccarot r.en 
2. Directed fishing for finfish in FAO Antarctic sub-areas 48.1 and 
48.2 shall be prohibited in the 1990/91 season except for 
scientific research purposes. 
3. Directed fishing for Notothenia squamifrons in FAO statistical 
division 58.4.4 (Ob and Lena Banks) shall be prohibited in the 
period 2 November 1991 to 6 November 1992. 
Article 2a 
Catch limitations (*) 
1. The total catch of Electrona carlsbergi in the period 2 November 
1991 to 6 November 1992 shall be limited to 245 000 tonnes in FAO 
Antarctic subarea 48.3. 
In addition, the total catch of Electrona carlsbergi in the same 
period shall be limited to 53 000 tonnes in the Shag Rocks 
region, defined as the area bounded by 52°30'S, 40°W; 52°30,S, 
44°W; 54°30»S, 40°W and 54°30«S, 44°W. 
2. In the course of fishing in FAO Antarctic sub-area 48.3, by-
catches of Notothenia rossii, Notothenia squamifrons, 
Chaenocephalus aceratus and Pseudochaenichthys georgianus shall 
be limited to 300 tonnes for each species and by-catches of 
Notothenia gibberifrons shall be limited to 500 tonnes. 
3. Fishing in FAO Antarctic sub-area 48.3 shall be terminated if by-
catches of one of the species listed in paragraph 2 reach the by-
catch limits foreseen or if total catches of Electrona carlsbergi 
reaches 245 000 tonnes, whichever happens first. 
4. The fishery in the Shag Rocks region shall close if the by-catch 
of any of the species named in paragraph 2 above reaches their 
by-catch limit or if the total catch of Electrona carlsbergi 
reaches 53 000 tonnes, whichever comes first. 
5. Catches of Dissostichus Eleginoides taken in the FAO Antarctic 
sub-area 48.3 in the period 2 November 1991 to 6 November 1992 
shall be limited to a TAC of 3 500 tonnes. 
6. Catches of Euphausia superba taken in FAO Antarctic Area 48 shall 
be limited to 1.5 million tonnes in the period 1 July 1991 to 
30 June 1992. 
7. The date on which the catches taken by QDmmunity vessels or the 
other vessels concerned are deemed to have exhausted the TAC 
specified in paragraphs 1 to 6 shall be fixed by the Commission 
pursuant to Article 11 (3) of Regulation (EEC) N° 2241/87 as 
soon as the required information is received from the OCAMLR. 
nrtt/CTAM R/RFft FM. /craml r.en 
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8. With effect from the date fixed pursuant to paragraph 7, all 
fishing for the species concerned shall be prohibited in FAO 
Antarctic sub-area 48.3 and Community vessels shall cease to 
retain on board, tranship or land any catches of this fish taken 
in that sub-area after that date. 
Article 2b 
Catch reports (*) 
1. Catches of Patagonotothen tarevicauda guntheri, Champsocephalus 
gunnari, Dissosthicus Elegenoides, Notothenia rossii, Notothenia 
gibber ifrons, Chaenocephalus aoeratus, Pseudochaenichthys 
georgianus, Electrona carlsbergi in FAO Antarctic sub-area 48.3 
and Eunhasia superba in FAO Antarctic area 48 shall be the 
subject of reports in accordance with this Article, without 
prejudice to the application of Articles 5 to 9 of Regulation 
(EEC) N° 2241/87. 
2. Total catches, broken down by vessels, which were made by 
Community vessels in the period between 1 July 1991 and the end 
of the first month following the month in which this Regulation 
enters into force shall, within 10 days of the end of that 
period, be notified to the Commission by the Member States in 
which the vessels concerned are registered or whose flag they 
fly. 
3. For the purposes of reporting the catches taken after the period 
referred to in paragraph 2, each calendar month shall be divided 
into six reporting periods designated by the letters A, B, C, D, 
E and F and running from day 1 to day 5, day 6 to day 10, day 11 
to day 15, day 16 to day 20, day 21 to day 25 and day 26 to the 
last day of the month, respectively. 
At the latest within three days of each reporting period, each 
Member State shall notify the (Commission of the total catches, 
broken down by vessels, that the vessels flying its flag or 
registered in its territory have made in the preceding reporting 
period, specifying the month and reporting period concerned. 
4. On the basis of the information received pursuant to paragraphs 2 
and 3, the Commission shall, at the end of each reporting period, 
inform the CCAMLR of the total catches made by the CJommunity 
vessels in the preceding reporting period." 
(*) The FAD zones mentioned in this Regulation are defined in 
Commission cx»rariunication 85/C335/02, (OJ N° C335, 24.12.1985, 
p. 2) 
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2. The following Article is inserted : 
"Article 2c 
Notification of New Fisheries ^ 
1. For the purposes of the present Article a new fishery is a 
fishery on a species using a particular fishing method in a 
statistical subarea for which : 
(a) information on distribution, abundance, demography, 
potential yield and stock identity from comprehensive 
research/surveys or exploratory fishing have not been 
submitted to CCAMLR; 
or 
(b) catch and effort data have never been submitted to 
CCAMLR; 
or 
(c) catch and effort data from the two most recent seasons in 
which fishing occured have not been submitted to CCAMLR. 
2. The exercise of a new fishery in the CCAMLR Convention Area shall 
be prohibited as long as it has not been authorized in accordance 
with paragraph 6. 
3. Any operator of a fishing vessel who intends to develop a new 
fishery in the CCAMLR Convention Area shall inform the competent 
authorities of the Member State whose flag the vessel flies or in 
whose territory it is registered of that intention and shall 
submit to those authorities as much of the information defined in 
paragraph 4 as he is able to provide. 
4. A Member State who has been informed of the intention to develop 
a new fishery in the CCAMLR Convention Area with vessels flying 
its flag or registered in its territory shall notify the 
Commission without delay and not less than six months in advance 
of the next regular meeting of CCAMLR. 
The notification shall be accompanied by as much of the following 
information as the Member State is able to provide : 
(a) the nature of the proposed fishery including target 
species, methods of fishing, proposed region and any 
minimum level of catches that would be required to 
develop a viable fishery; 
m*\ /PTAMI © /PFCI CM /rraml r on 
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(b) biological information from comprehensive research/survey 
cruises, such as distribution, abundance, demographic 
data and information on stock identity; 
(c) details of dependent and associated species and the 
likelihood of them being affected by the proposed 
fishery; 
(d) information from other fisheries in the region or similar 
fisheries elsewhere that may assist in the valuation of 
potential yield. 
5. The Commission shall forward to CCAMLR for consideration the 
information provided in accordance with paragraph 4, together 
with any other relevant information. 
6. As soon as CCAMLR has completed its consideration of the proposed 
new fishery, a decision on the authorization of the new fishery 
shall be taken 
- by the Commission, in case CCAMLR has not adopted any 
conservation measures with regard to the new fishery 
- by the Council, acting by a qualified majority on a proposal 
from the Commission, in all other cases. 
Article 2 
This Regulation shall enter into force on the third day following 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 
For the Council 
The President 
n±> /CCAMLR/REGLEM./ccamlr.en 
ISSN 0254-1475 
COM (92) 134 final 
DOCUMENTS 
EN 03 
Catalogue number: CB-CO-92-149-EN-C 
ISBN 92-77-42774-4 
Office for Official Publications of the European Communities 
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