COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 14.11.1997 
COM(97) 598 final 
Proposal for a 
COUNCIL REGULATION (EQ 
fixing, for certain stocks of highly migratory fish, 
the total allowable catches for 1998, 
their distribution in quotas to Member States 
and certain conditions under which they may be fished 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
The International Commission for the Conservation of Atlantic Tunas (ICCAT) is the 
body in charge of coordinating action to manage fisheries of large pelagic fish in the 
Atlantic and Mediterranean. Their decisions are based on scientific advice provided by 
a committee (Standing Committee for Research and Statistics) in which scientists of all 
contracting parties participe together with other experts chosen as observers. 
The European Community is not a Contracting Party to ICCAT. However, it applied 
officially for membership and it is well possible that the Community can be admitted as 
Member of the Commission in the very near future. France, Spain, Italy and Portugal 
are Members. As the conservation of marine ressources belongs to the exclusive 
Community competence, the Community is bound to collaborate with ICCAT in the 
management of these highly migratory stocks, in order to allow the Member States to 
fulfill their international obligations in Community waters. 
In the case of blue fin tuna of the eastern Atlantic ocean and the Mediterranean, the 
stock is in a very depressed state, requiring immediate management action. The stock 
of swordfish; although less worrying, indicates also the need to establish serious 
restrictive measures. ICCAT has therefore issued a series of recommendations 
concerning technical conservation measures and limitations of the exploitation rate in 
the form offish quotas. 
While the technical conservation measures have already or are been implemented in the 
respective legal frameworks (Council Regulations (EC) No 1626/94 * and (EC) No 
894/972), the limitations of the exploitation rate require the setting up of catch limits in 
the form offish quotas as stipulated by ICCAT. 
It is proposed that these quotas, which arc also applicable in the high seas and dealt 
with in the framework of ICCAT, form part of a specific regulationdistinct from the 
genera! TAC regulation. 
Given that Mediterranean fishermen are not subject to the obligation to have a 
logbook, it is imperative that Member States with a Mediterranean façade reinforce 
their statistical systems in order to be able to fulfil the obligation to register and 
communicate their landings to the Commission. Provisions to that effect are also 
proposed in this regulation. 
Finally, ICCAT has recommended a certain inter-annual flexibility in the consumption 
of swordfish quotas, similar to the one foreseen in Articles 3 and 4 of regulation (EC) 
No 847/96. It is proposed that the conditions of that regulation be applicable to the 
stock of swordfish. Moreover, given the poor state of the stocks, it is also proposed 
that the penalty coefficients foreseen in Article 5(2) of regulation (EC) No 847/96 be 
applicable both to blue fin tuna and swordfish stocks. 
OJ. No L171, 6.07.94, p. 1. Regulation as amended by Regulation (EC) No 1075/96(0. 
J. No L 142, 15.06.1996,'p. 1) 
O.J. No L 132, 23.05.1997, p. 1 
COUNCIL REGULATION (EC) No. /97 
of 
fixing, for certain stocks of highly migratory fish, 
the total allowable catches for 1998, 
their distribution in quotas to Member States 
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 aquaculture1 and in particular Article 
8(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, in accordance with Article 4, to establish the total allowable catches 
(TAC) by fishery or group of fisheries; 
Whereas the Community has signed the United Nations Convention on the Law of the 
Sea, which contains principles and rules relating to the conservation and management of 
the living resources of the sea; whereas, in the framework of its wider international 
obligations, the Community participates in efforts arising in international waters to 
conserve fish stocks; 
Whereas the International Commission for the Conservation of Atlantic Tunas (ICCAT) 
has recommended the setting of catch limitations for blue fin tuna in the Mediterranean 
and in the Atlantic and for swordfish in the Atlantic; whereas those recommendatrions are 
binding upon some Member States member of that Commission; whereas, in view of the 
exclusive Community competence for the conservation of living marine resources it is 
appropriate for the Community to implement those recommendations; 
1 O.J. No L389, 31.12.1992, p.l, Regulation as amended by the Act of Accession of Austria, Sweden 
and Finland 
1<\ 
whereas fishing opportunities should be allocated to Member States in accordance with the 
second subparagraph of Article 8(4); 
Whereas, in accordance with the provisions laid down in Article 2 of Council Regulation 
(EC) No 847/96, introducing additional conditions for year-to-year management of TACs 
and quotas , it is necessary to indicate which stocks are subject to the various measures 
fixed therein; 
Whereas, in order to ensure effective management of these TACs, the specific conditions 
under which fishing operations occur should be established; 
Whereas, in accordance with Article 40 of Council Regulation (EC) No 2847/93, 
establishing a control system applicable to the common fisheries policy , Member States 
are exempted from the obligations stipulated in Articles 6, 8 and 19 of the same 
regulation (logbook and related provisions) as far as it concerns fishing operations in the 
Mediterranean; whereas it becomes therefore imperative that, in order to comply with 
the present regulation, rules on catch registration and notification should be set out for 
these fishing operations; 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation fixes, for certain stocks of highly migratory fish, total allowable catches 
(TACs) per stock, the share of these catches available to the Community, the allocation of 
that share among Member States in the form of fish quotas and the specific conditions 
under which these stocks may be fished. 
TACs, Community shares, quotas and specific fishing conditions are hereby fixed for 
1998 as set out in Annex I 
OJ No LI 15, 9.5.1996, p. 3 
3 O. J. No L 261, 20.10.93, p. 1. Regulation as amended by Regulation (EC) No 2489/96 (O. J. 
No L 338, 28.12.1996, p. 12) 
Aûicie_2 
The allocation of fish quotas mentioned in Article 1 among the Member States shall be 
without prejudice to: 
exchanges made pursuant to Article 9(1) of Regulation (EEC) No. 3760/92 
re-allocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation 
(EEC) No. 2847/93, 
additional landings allowed under the stipulations of Article 3 of Regulation (EC) 
No 847/96, 
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96. 
AnkkJ. 
Member States shall, for fishing operations which, in accordance with Article 40 of 
Council Regulation (EC) No 2847/93, are exempted from the obligations stipulated in 
Articles 6, 8 and 19 of the same regulation: 
• establish registering and sampling systems appropriate to accurately estimate, on a 
monthly basis, the total landings and transhipments of the stocks mentioned in the 
annex by vessels flying their flag or registered in their territory, and total landings in 
their harbours by vessels flying the flag or registred in another Member State. 
• for the stocks mentioned in the annex, communicate to the Commission, before the 
15th of each month, the quantities landed or transshipped during the preceeding 
month by .vessels flying their flag or registered in their territory, and the quantities 
landed in their harbours by vessels flying the flag or registred in another Member 
State. 
Atiteki 
TACs for blue fin tuna and swordfish are considered as analytical for the effects of 
Regulation (EC) No 847/96. 
The provisions set out in Articles 3 and 4 of the same regulation shall not apply to the 
stock of blue fin tuna. 
fhe provisions of Article 5(2) of the same regulation shall apply to the stocks of bluefin 
tuna and swordfish. 
Aûkki 
This Regulation shall enter into force on seventh day after the day of its publication in 
the Official Journal of the European Communities. 
It shall apply with effect from 1 January 1998. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 1997 
For the Council 
The President 
ANNEX 
TACs by stock and by area for 1996 and the allocation among the Member States of the share available to the Community 
(in tonnes live weight, except where otherwise specified). 
(Species: Blue fin tuna 
Thunnusthynnus Zone: Atlantic ocean, east of longitude 45° W 
Belgiê / Belgique 
Danmark 
Deutschland 
Ellada 
EspaAa 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 
EC 
TAC ( 1 ) Available to all Member States except Greece, Spain, France and Portugal 
3 
3809 
400 
180 
100 (1) 
4 492 
pm 
ISpecies: Blue fin tuna 
Thunnusthynnus Zone: Mediterranean Sea 
België / Belgique 
Danmark 
Deutschland 
Ellada 
Espafta 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 
EC 
TAC 272 
2 033 
4850 
4145 
321 
11621 
pm 
! Species: Swordfish 
Xiphias gladius Zone: Atlantic ocean, north of latitude 5° N 
België / Belgique 
Danmark 
Deutschland 
Ellada 
Espafta 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 
EC 
TAC (1 ) Available to all Member States except Spain and Portugal 
4 537.5 
825 
100 (1) 
5 462.5 
11 000 
ISSN 0254-1475 
COM(97) 598 final 
DOCUMENTS 
EN 03 07 10 08 
Catalogue number : CB-CO-97-613-EN-C 
ISBN 92-78-27539-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg