COMMISSION OF THE EUROPEAN COMMUNITIES 
Bruxelles, 09.04.1997 
COM(97) 135 final 
Proposal for a 
COUNCIL REGULATION CEO 
amending, for the 2nd time, Regulation (EC) No. 390/97 
fixing, for certain fish stocks and groups offish stocks, the total allowable catches for 
1997 and certain conditions under which they may be fished 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
The objective of the present proposal is to fix fishing possibilities for certain stocks offish and 
to allocate these equitably to Member States. The fixing and the sharing of possibilities for 
fishing falls exclusively within the competence of the Community and arises from obligations 
set out in Article 8(4) of Regulation (EEC) n° 3760/92 of the Council of 20 December 19921, 
establishing a Community regime for fishing and aquaculture. 
The Community fisheries for Atlanto-Scandian herring in area II and Horse mackerel in area II, 
IV and area Vb, VI, VII, Vlllabde, XII , XIV have not been subjected to allocation among 
Member States. Developments in 1996 have resulted in the need to have a better monitoring of 
these fisheries by means of an allocation of the respective TAC's in seperate fish quotas for 
each Member State. 
The fishery for horse mackerel is an established fishery and the proposal intends to distribute 
fishing opportunities between Member States in such a way as to reflect the historical patterns 
of fishing activities for each Member State, as shown by the mean catch over a recent and 
representative period (1992-1996). 
The fishery for Atlanto-Scandian herring establishes fishing opportunities for the Community 
that have previously been prosecuted to a very limited extent under the common fisheries 
policy. In this case the crierion chosen has been the average catch during the most recent period 
on which the fishery has taken place, i.e., 1995-1996. 
This proposal intends to address this matter by modifying Council Regulation (EC) N° 390/972. 
O.J. No L389, 31.12.1992, p. I 
O.J. No L66, 6.3.1997. p, I 
Proposai for a 
Council Regulation (EC) No /97 of 1997 
amending, for the 2nd time, Regulation (EC) No. 390/97 
fixing, for certain fish stocks and groups offish stocks, the total allowable catches for 
1997 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 as amended by the Act of 
Accession of Austria, Finland and Sweden, 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 to establish the total allowable catches (TACs) by fishery or group of 
fisheries; 
Whereas Council Regulation (EC) No. 390/972 fixes, for certain fish stocks and groups of 
fish stocks, the TACs for 1997 and certain conditions under which they may be fished; 
Whereas, in order to prevent overfishing the Community fisheries for Atlanto-Scandian 
herring in area II and Horse mackerel in area II , IV and area Vb, VI, VII, VIIlabde,XII , 
XIV should be subjected to allocation among Member States so as these fisheries are 
properly monitored; 
Whereas in accordance with the second sub-paragraph of Article 8(4) of Regulation (EEC) 
No. 3760/92, the allocation shall assure relative stability of fishing activities; whereas 
relative stability can in this case be represented by the catch over a recent and representative 
period; 
Whereas Council Regulation (EC) No. 390/97 should therefore be amended accordingly, 
1 O.J. No L 389, of 31.12.1992, p. 1 
2 O.J. No L 66, of 6.3.1997, p. 1. Regulation as amended by Regulation (EC) No xxx/97 ( O.J. No L 
XXXofX.X. 1997. p. x 
'J 
HAS ADOPTED THIS REGULATION 
Article 1 
The annex to this Regulation shall replace the corresponding elements of the Annex to 
Regulation (EC) No 390/97. 
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 
V 
Annex, p. 1 
[Species: Herring 
Clupea harengus Zone: 1.1 
België / Belgique 
Danmark 
DeutschSand 
Eilada 
Espafta 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 
EC 
TAC 56 780 (1)(2) 
2 260 (1)(3) 
950 (1)(4) 
11 050 (1)(5) 
15 460 (1)(6) 
13 990 (1)(7)(9) 
29 510 (1)(8) 
130 000 (1) 
1 500 000 (1) ( 1 ) Member States must inform the Commission every tuesday of their landings the preceding. 
week. No fishing may take place before 16 April 1997 
(2) Of which no more than 5450 tonnes may be fished in Faroese waters and no more than 
17470 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 
than 13100 tonnes in the Norwegian EEZ. 
(3) Of which no more than 220 tonnes may be fished in Faroese waters and no more than 
700 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 
than 520 tonnes in the Norwegian EEZ. 
(4) Of which no more than 90 tonnes may be fished in Faroese waters and no more than 
290 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 
than 220 tonnes in the Norwegian EEZ. 
(5) Of which no more than 1060 tonnes may be fished in Faroese waters and no more than 
3400 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 
than 2550 tonnes in the Norwegian EEZ. 
(6) Of which no more than 1490 tonnes may be fished in Faroese waters and no more than 
4760 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 
than 3570 tonnes in the Norwegian EEZ. 
(7) Of which no more than 1350 tonnes may be fished in Faroese waters and no more than 
4300 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 
than 3230 tonnes in the Norwegian EEZ. 
(8) Of which no more than 2840 tonnes may be fished in Faroese waters and no more than 
9080 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 
than 6810 tonnes in the Norwegian EEZ. 
(9) Fishing of this stock is not allowed in Community waters 
(Species: Horse mackerel 
Trachurus spp. Zone: iia(D, IV(1) 
België / Belgique 
Danmark 
Deutschland 
Eilada 
Esparla 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 
EC 
TAC 90 
37470 
2830 
70 
2180 
6080 
750 
5530 
55000 
60000 ( 1 ) Community waters 
r 
Annex, p. 2 
ISpecies: Horse mackerel 
Trachurus spp. Zone: Vb (1), VI, VII, Vlllabde, XII, xiv 
België / Belgique 
Danmark 
Deutschland 
Eilada 
Esparla 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 
EC 
TAC 26060 (2) 
17590 (2) 
31000 
7850 (2) 
84330 (2) 
98900 (2) 
3000 
24270 (2) 
293000 
300000 (1 ) Community waters 
(2) May not be fished in the waters under the sovereignty or jurisdiction of Spain and Portugal 
c 
ISSN 0254-1475 
COM(97) 135 final 
DOCUMENTS 
EN 03 14 
Catalogue number : CB-CO-97-132-EN-C 
ISBN 92-78-17923-X 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
1