COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC91) 99 final 
Brussels, 15 April 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 2245/85 laying down certain technical 
measures for the conservation of fish stocks in the Antarctic 
(presented by the Commission) 

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EXPLANATORY MEMORANDUM 
On 7 November 1990 the Commission for the Conservation of Antarctic 
Marine Living Resources (CCAMLR) notified Contracting Parties of the 
conservation measures adopted at the 1990 Annual Meeting held In Hobart 
In the period 22 October-2 November 1990. 
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 Champsocephalus gunnarl and Dlssostlchus 
eleglnoldes for the 1990/91 fishing season. Other measures relate to 
mesh sizes, closed seasons, prohibition on directed fisheries for certain 
stocks and the introduction of catch reporting systems. The measures 
concern 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 7 May 1991, as they were accepted by all 
Members of the CCAMLR before 7 February 1991. 
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 
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) 
amending Regulation (EEC) No 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) No 170/83 of 25 January 1983 
establishing a Community system for the conservation and management of 
fishery resources^1), 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) No 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 Convention", was approved by Council 
Decision 81/691/EEC^2^; whereas it entered Into force for the Community 
on 21 May 1982; 
Whereas the Commission for the Conservation of Antarctic Marine Living 
Resources (CCAMLR), established by the Convention, adopted, on the 
recommendation of Its Scientific Committee, conservation measures for the 
waters off South Georgia, providing for a total allowable catch QA^JLfll 
26 000 tonnes of. Champsocephalus ounnar I for the l^âfîLdSl fishing, year and 
a TAC of 2 500 tonnes of PJUftSfiaUfihua file^jjipjjflfiâ, for the ported 
(1) 0J No L 24, 27.1.Î9S3, p. 1. 
C2) OJ No L 252, 5.9.1981r p. 26. 
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commencing 2 November 1990, a prohibition on directed fishing for 
Patagonotothen brevicauda guntherf, Notothenla glbberlfrons, 
Chaenocephalus aceratus. Pseudochaenlchthvs oeorolanus and NOtQthenla 
sauamlfrons for the whole of the 1990/91 fishing year and for 
ChamPSQCePhalUS gunnarl from 1 April 1991 to 4 November 1991, a 
limitation of 500 tonnes on by-catches of Notothenla olbberIfrons and a 
limitation of 300 tonnes on by-catches of Notothenla rosslI. 
ChaenoCfiOhalUS aceratUS and Pseudochaenlchthvs georglanus. a restriction 
to 5% of by-catches per haul of any one of those species and a catch 
reporting system for the 1990/91 fishing year; 
Whereas these conservation measures were notified to the members of the 
CCAMLR on 7 November 1990; whereas, in the absence of objections to the 
measures, they become binding on 7 May 1991 under Article IX (6) of the 
Convent Ion; 
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 the TAC for Champsocephalus 
çunnarI and the prohibition on directed fishing for Pataoonotothen 
brevicauda guntheH, Notothenla gibberIfrons. Chaenocephalus aceratus. 
Pseudochaenlchthvs oeoroianus and Notothenla SQUamlfronS were fixed for 
the 1990/91 fishing year which began on 1 July 1990, and the TAC for 
Dtssothlchus Elog I no I des began on 2 November 1990; 
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) No 170/83, It is for 
the Council to establish the TAC 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) 
No 2241/87 of 23 July 1987 establishing certain control measures for 
fishing activities^3), as amended by Regulation (EEC) No 3483/88(4>; 
(3) OJ No L 207, 29.7.1987, p. 1. 
(4) OJ No L 306, 11.11.1988, p. 2. 
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Whereas the TAC adopted by the CCAMLR for ChampsocephaI us ounnarI covers 
the entire 1990/91 fishing year; whereas Member States should therefore 
also communicate to the Commission the catches taken by their vessels 
between 1 July 1990 and the date on which this Regulation enters into 
force; 
Whereas Council Regulation (EEC) No 2245/85 f as last amended by Regulation 
(EEC) No 1589/90(6), should be amended accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2245/85 Is hereby amended as follows : 
1. Articles 2,2a, and 2b are replaced by the following : 
"Article 2 
Prohibition on fishing (*) 
1. Directed fishing for PataqonotOthen brevicauda quntheri. 
Notothenla rossll, Notothenla albberifrons. Chaenocephalus 
aceratus. PseUdOChaenlChthYS georglanUS and Notothenla sauamlfrons 
In FA0 Antarctic sub-area 48.3 (South Georgia) shall be prohibited 
from 1 July 1990 to 30 June 1991. 
2. Directed fishing for Champsocephaius ounnar i off South Georgia 
(FAO Antarctic sub-area 48.3) shall be prohibited from 1 April to 
4 November 1991. 
(5) OJ No L 210, 7.8.1985, p. 2. 
(6) OJ Wo L 151, 15.6.1990, p. 5, 
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During this period, fishing for ChampsocephaI us ounnar I. 
Notothenla rosslI, Notothenla glbberlfrons. chaenocephalus 
aceratus. PseudochaenlchthYs georglanus and Notothenla souamifrons 
shall be prohibited in FAO Antarctic sub-area 48.3, except for 
scientific research purposes. 
3. Directed fishing for flnflsh In FAO Antarctic sub-areas 48.1 and 
48.2 shall be prohibited In the 1990/91 season except for 
scientific research purposes. 
Article 2a 
Catch I Imitâtlons(*) 
1. Catches of ChampsocephaI us ounnarI taken In the FAO Antarctic sub-
area 48.3 in the period 1 July 1990 to 30 June 1991 shall be 
limited to a TAC of 26 000 tonnes. 
2. In the course of fishing in FAO Antarctic sub-area 48.3 for 
Champsocephalus gunnar I. by-catches of Notothenla rossll, 
Chaenocephalus aceratus and PseudOChaenlChthYS georglanUS sha11 be 
limited to 300 tonnes for each species and by-catches of 
Notothenla glbberlfrons 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 provided for or if total catches of Champsocephalus 
gunnarI reach 26 000 tonnes, whichever happens first. 
4. Catches of Dissostichus Eleglnoldes taken In the FAO Antarctic 
sub-area 48.3 In the period 2 November 1990 to 1 November 1991 
shall be limited to a TAC of 2 500 tonnes. 
5. The date on which the catches taken by Community vessels or the 
other vessel s concerned are deemed to have exhausted the TAC 
specified in paragraphs 1 to 4 shall be fixed by the Commission 
pursuant to Article 11(3) of Regulation (EEC) No 2241/87 as soon as 
the required information is received from the CCAMLR. 
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6. With effect from the date fixed pursuant to paragraph 5, 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. 
7. If, In the course of directed fishing for ChamPSQCePhalUS flUnnarI, 
the by-catch of any of the species listed at paragraph 2 exceeds 
5% of the haul, the fishing vessels shall move to another fishing 
area In FAO Antarctic sub-area 48.3. 
8. The use of bottom trawls for directed fishing for Champsocephalus 
gunnarI within FAO Antarctic sub-area 48.3 shall be prohibited. 
Article 2b 
Catch reports^*) 
1. catches of Patagonotothen brevicauda guntherl. Champsocephalus 
gunnar I. Plssosthlcus Elegenoldes, Notothenla rosslI, Notothenla 
glbberlfrons, Chaenocephalus aceratus and PseudochaenfchthYs 
georglanus in FAO Antarctic sub-area 48.3 shall be the subject of 
reports In accordance with this Article, without prejudice to the 
application of Articles 5 to 9 of Regulation (EEC) No 2241/87. 
2. Total catches, broken down by vessels, which were made by 
Community vessels In the period between 1 July 1990 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. 
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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 Community 
vessels in the preceding reporting period. 
(*) The FAO zones mentioned in this Regulation are defined in 
Commission communication 85/C 335/02, (OJ No C 335, 24.12.1985, 
p. 2)M. 
2. The Annex Is amended as follows : 
The minimum mesh size provided for In Article 3 relating to fishing for 
ChamPSOCePhaI US gunnarl Is replaced by 90 mm with effect from 1 November 
1991. 
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Article 2 
This Regulation shall enter into force on the third 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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COMPETITIYENESS. AM EMPLOYMENT IMPACT STATEMENT 
The object of this proposal is to adopt conservation measures relating to 
fish stocks in Antarctic waters in accordance with the decisions of the 
responsible International organisation, CCAMLR, of which the Community is 
a Party. 
Since no Community vessels currently fish In those waters, the proposal 
In question will have no Impact on competition or employment. 
RAPPORT D£ L'IMPACT SUR LA COMPETITIVITE £1 L'EMELQl 
L'objet de cette proposition est d'adopter des mesures de conservation 
pour les stocks de poissons évoluant dans les eaux de l'Antarctique suite 
aux décisions prises au sein de l'organisation Internationale 
responsable, CCAMLR, dont la Communauté est partie contractante. 
Cette proposition n'aura aucun impact sur la compétitivité ni sur 
l'emploi au ni eau de la Communauté puIsqu'actuellement les navires 
communautaires ne pèchent pas dans ces eaux. 
ISSN 0254-1475 
COM(91) 99 final 
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