Proposal for a COUNCIL REGULATION amending for the second time Regulation (EC) No. 48/1999 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1999 and certain conditions under which they may be fished

(presented by the Commission)

EXPLANATORY MEMORANDUM

The TACs for the stocks of Norway lobster in the North Sea and in the Skagerrak, the Kattegat and ICES area IIIbcd and of 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 1999. In accordance with the provisions laid down in Regulation (EC) No 847/96 [1], precautionary TACs may be reviewed on request by a Member State and under conditions stipulated in Article 3(1) therein. The United Kingdom and Denmark have presented requests to raise the TACs in the North Sea and in Skagerrak and Kattegat, respectively, giving the necessary data to justify the application. Moreover, the observed large abundance of cod in the Kattegat is likely to result in massive discarding of fish following an early exhaustion of the TAC. According to the most recent scientific evidence, catches from this stock may be increased in 1999 while still keeping with the conservation principles underlying the current TAC.

[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 1999, the Community share for Baltic sprat have been modified.

This proposal intends to address these matters by modifying Council Regulation (EC) N( 48/1999.

Proposal for a

COUNCIL REGULATION

amending for the second time Regulation (EC) No. 48/1999 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1999 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 :

(1) Regulation (EC) No.48/1999 [3] fixes, for certain fish stocks and groups of fish stocks, the TACs for 1999 and certain conditions under which they may be fished;

[3] OJ L 13 of 18.01.1999, p. 1. Regulation as amended by Regulation (EC) 1570/1999 (OJ L 187 20.07.1999, p. 5).

(2) In accordance with the provisions laid down in Regulation (EC) No 847/96 of the Council of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas [4], precautionary TACs may be raised under conditions stipulated in Article 3(1) therein; whereas those conditions are satisfied for the stocks of Norway lobster in the North Sea and in the Skagerrak, the Kattegat and ICES area IIIbcd and of sprat in ICES areas IIa (EC waters) and North Sea (EC waters);

[4] OJ L 115 of 9.5.1996, p. 3.

(3) According to the most recent scientific evidence, the TAC for cod in the Kattegat for 1999 may be increased while still keeping with conservation principles;

(4) Within the framework of the bilateral consultations on the reciprocal fishing rights between the Community and Poland for 1999, the Community share for Baltic sprat have been modified;

(5) Council Regulation (EC) No 48/1999 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 48/1999.

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 Annex

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