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COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 690 final 
Brussels, 21 December 1993 
Proposal for a 
COUNCIL REGULATION (EC) 
allocating, for 1994, certain additional catch quotas between Member States 
for vessels fishing in Norwegian waters north of 62 degrees North 
in Icelandic waters and in Swedish waters 
'SB* 
III* (presented by the Commission) 
EXPLANATORY MEMORANDA 
I 
In the context of the negotiations on the establishment of the European Economic Area, the 
Community concluded three Agreements in the form of an Exchange of Letters with Norway, 
Iceland and Sweden. 
Under the first Agreement, Norway undertook, within the framework of the balanced annual 
Fisheries Arrangement, to consolidate the Community's annual quota of Arcto Norwegian cod in 
the Norwegian Economic Zone, north of 62 degrees northern latitude, +o 2 9 percent of the TAC 
for the said stock, and to allocate an additional quota of 7 250 tonnes of Arcto Norwegian cod 
in 1994. Norway also undertook to continue to allocate to the Community an additional quota 
of 1 500 tonnes of redfish in the Norwegian Economic Zone, north of 62 degrees northern 
latitude, outside the fisheries balance between the Parties. 
Under the second Agreement, Iceland offered the Community a quota of redfish in Icelandic 
waters. 
Under the third Agreement, Sweden offered the Community a consolidation of certain catch 
quotas for cod and herring, which were offered in connection with the signature of the Adaptation 
Protocol to the Agreement between Sweden and the Community, taking account of accession in 
1986. These catch quotas are to be added to the reciprocal fishing rights which are agreed 
annually between the Parties under the Fisheries Agreement between the Community and Sweden. 
Sweden informed the Community on 11 November 1993 of the supplementary catch quotas 
for 1994. 
The purpose of this Regulation is to allocate among Member States the supplementary catch 
quotas in Norwegian, Icelandic and Swedish fishing zones in accordance with the principles of 
Community law and of the common fisheries policy. 
II 
For the allocation of new fishing possibilities, the Community must take due account of the 
interests of all Member States (Article 8(4)(iii) of Regulation (EEC) No 3760/92) while 
respecting the non-discrimination principle, as expressed in the Court of Justice judgment of 16 
June 1987 (Romkes Case 46/86, [1987], ECR 2686, para. No 27). 
This means that the Community must take into account the interests of the Member States who 
traditionally fish in the relevant fishing areas, in addition to the interests of the other Member 
States, on the basis of such criteria as: 
- the economic incentive for the relevant fleets to take advantage of the quotas in question; 
- the advantages already granted to some Member States when the recently consolidated quot 
were allocated, in particular in Norwegian waters; 
- the consequences of the German unification process; 
- the fishing possibilities granted to some Member States through bilateral fishing agreements 
with third countries, referred to above; and 
- the particular needs of certain Member States whose local populations are particularly 
dependent on fishing. 
This latter consideration is a component of the Community's economic and social cohesion 
objectives, as stipulated in Article 130a of the EC Treaty. 
Given the particular context in which the Fisheries Agreements have been signed, special 
consideration must be given to these objectives. 
On the basis of these criteria, the Commission proposes that the Council allocate the fishing 
possibilities concerned as set out below. 
Allocation for 1994 of additional Community catch quotas 
in Norwegian waters, as referred to in Article 1 
(Norwegian waters north of 62°00'N) 
(tonnes: fresh round weight) 
Species 
Cod 
Redfish ICES 
Division 
I. II 
i,n Community 
Catch Quotas 
7 250 
1 500 Quotas allocated 
to Member States 
Spain 3 260 
Portugal 3 260 
Ireland 365 
Greece 365 
Germany 500 
Spain 190 
Portugal 810 
Allocation for 1994 of Community cr'-..': qnjte 
in Icelandic waters, as referred to in ' -il?l' 2 
FT! :.w..-T' SSSEE 
Species ICES 
Division Community 
Catch Quotas (tonnes: fresh round weight) 
Qùsoîas rlocated 
to Liembsr States 
Redfish Va 3 000(1) Germany 1 740 
United Kingdom 1 160 
Belgium 100 
(i) Including unavoidable by-catches (cod not allowed). 
Allocation for 1994 of additional Community catch quotas 
in Swedish waters, as referred to in Article 3 
(tonnes: fresh round weight) 
Species 
Cod 
Herring ICES 
Division 
Hid 
Hid Community 
Catch Quotas 
900 
1 500 Quotas allocated 
to Member States 
Denmark 660 
Germany 240 
Denmark 860 
Germany 640 
m 
Following this summary of the broad lines to be followed in allocating the above fishing 
possibilities, it is necessary to set out the factors taken into account in relation to each 
Fisheries Agreement. 
A. Agreement with Norway 
Allocation of the cod quota in Norwegian waters 
The Commission proposes to allocate the cod quota taking account of the objectives of economic 
and social cohesion in the Community. This solution, which is in line with the Declarations of 
the Council meeting on General Affairs of 21 October 1991, does not affect the principle of 
relative stability. 
Allocation between the four countries has been made on the basis of the principles of the 
common fisheries policy. Therefore, most of the additional cod quota has been allocated to those 
countries that have fished for cod in Norwegian waters in the past: Spain and Portugal. A smaller 
portion has been allocated to Ireland and Greece. 
- Historical catches and loss of fishing possibilities 
As shown in Table 1 in Annex I, obtained from the AREMOS data base managed by ICES, 
Spain and Portugal have reported landings of Arctic cod over a long period. 
An interruption of fishing activities occurred in 1981, followed by quite a different fishing 
pattern. In order to give more homogeneous criteria, the period 1974-80 should be 
considered. 
On the basis of available information, it is not possible to determine, with certainty, the actual 
level of catches taken by Spain and Portugal in what are, today, Norwegian waters. It must 
be recalled that during the same period, Spain and Portugal suffered the loss of traditional 
fishing grounds for cod such as the area off Newfoundland, because of the extension of the 
Canadian EEZ to 200 miles. 
" Bilateral Fisheries Agreement with Norway 
Reference has been made to the bilateral Fisheries Agreement which Spain and Portugal had 
with Norway in 1980-86. Only Portugal was granted fishing possibilities in Norwegian 
waters during this period, but not for cod. Portugal had a small redfish quota which the 
Community has succeeded in maintaining since the accession of Spain and Portugal. The 
quota has now been consolidated as part of the additional fishing possibilities in Norwegian 
waters. 
On the basis of the above, the Commission proposes to allocate the cod quota as follows: 45% 
each to Spain and Portugal and 5% each to Ireland and Greece. 
Allocation of the redfish quota in Norwegian Waters 
The Community has also obtained a consolidation of a quota of 1 500 tonnes of redfish, granted 
outside the normal balance of the annual Fisheries Arrangement with Norway. This quota was 
previously allocated to Spain and Portugal following their accession to the Community, and to 
Germany following unification. 
The principles of the common fisheries policy are best served by allocating the consolidated 
fishing possibilities according to the established distribution key. 
B. Agreement with Iceland 
The only Member States who have had a traditional fishery for redfish, in what are today 
Icelandic waters, are Belgium, Germany and the United Kingdom. Belgium has maintained a 
whitefish fishery over the years under a phasing-out agreement, whilst fishing by Germany and 
the United Kingdom ceased by 1976 when Iceland extended its fisheries jurisdiction to 200 miles. 
In order to establish an allocation key between Belgium, Germany and the United Kingdom, it 
is necessaiy to deiermirie a reference period which takes into account that, in 1972, Iceland 
extended its fisheries jurisdiction to 50 miles and, in 1976, to 200 miles. Considering as well 
the need to base the calculation on the most recent catch figures, the period 1970-75 would in 
tins respect be respresentative. Catches during this period are displayed in Table A in Annex II. 
However, the new fishing possibilities in Icelandic waters should be allocated taking as a basis 
not only traditional fisheries of redfish but also of cod As Table B shows, Germany and the 
United Kingdom fished more than 90 percent of the redfish and cod in Iceland in the years prior 
to the extension of the Icelandic EEZ. Belgium, on the contrary, had a rather small percentage 
of these catches Furthermore, Belgium has to date maintained fishing possibilities in Icelandic 
waters under a bilateral Agreement signed in 1975. 
For the reasons set out above, it is proposed to allocate the Icelandic quota to Germany, the 
United Kingdom and Belgium on the basis of historical fishing patterns for redfish and cod in 
Icelandic waters. 
C. Agreement with Sweden 
The Commission considers that the allocation of the somewhat limited supplementary amounts 
in this zone can only be allocated to the two coastal States operating in the Baltic 
Conclusion 
In the light of the above considerations, it is proposed that the Council adopt the attached 
proposal for a Council Regulation on the allocation of additional catch quotas in the Norwegian, 
Icelandic and Swedish fishing zones. 
ANNEX I 
Table 1; Arctic Cod - Historical Catches by Spain and Portugal 
(by statistical division) 
Zone I Ua lib Total 
Year ES PT ES PT ES FT ES PT 
1974 8 302 25 995 1101 407 9 810 25 995 
1975 4 630 10 554 1 230 2 340 8 200 10 554 
1976 1 620 2 393 5 430 3 519 3 070 1 811 10 120 7 723 
1977 179 426 1796 2 449 11673 1217 13 648 4 092 
1978 2 135 I 192' 668 3 432 60 4 626 863 
1979 8 1 000 1 754 754 5 370 564 7 132 2 300 
1980 1285 181 1530 183 4 896 611 7 711 975 
1981 0 0 
1982 14 515 14 515 0 
1983 14 229 14 229 0 
1984 236 8 608 3 593 8 608 3 829 
1985 520 7 846 3 810 7 846 4 330 
1986 660 3 737 2 845 3 737 3 505 
1987 64 10 612 2 382 10 612 2 446 
1988 10 905 26 1836 10 905 1862 
1989 15 1 258 0 1 273 
1990 22 488 0 510 
1991 7 744 0 781 
1974-
1980: 16 026 40 684 14 033 7 573 31 188 4 245 61 247 52 502 
Source: AREMOS data base 
ANNEX II 
Table A 
Catch Statistics - Redfish - ICES Va (Iceland) - Period 1970-75 
Year/Country 1970 1971 1972 1973 1974 1975 Share 
Germany 48 907 46 580 43 963 38 358 36 409 33 602 88.80% 
United Kingdom 2 948 3 522 3 697 2 951 2 519 2 424 6.48% 
Belgium 2 204 2 298 2 484 1622 2 114 1945 4.72% 
Table B 
Catch Statistics - Cod - ICES Va - (Iceland) - Period 1970-75 
Year/Country 1970 1971 1972 1973 1974 1975 Share 
Germany 26 334 27 007 11 670 6 839 5 554 2 266 9.18% 
United Kingdom 130 508 161 855 147 188 122 277 117 539 92 897 89.03% 
Belgium 2 960 2 972 2 471 1110 1128 1269 1.37% 
France 1 852 1 525 0 0 203 23 0.42% 
Proposal for a 
COUNCIL REGULATION (EC) 
allocating, for 1994, certain additional catch quotas between Member States 
for vessels fishing in Norwegian waters north of 62 degrees North 
in Icelandic waters and in Swedish waters 
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 aquaculture0\ and in particular Article 8(4) thereof, 
Having regard to the proposal from the Commission, 
Whereas the Agreement on the European Economic Area, which entered into force on 1 January 
1994, has given the Community and Norway, Iceland and Sweden the opportunity to develop 
their cooperation in the fisheries sector, and to conclude supplementary Agreements on fisheries 
in the form of an Exchange of Letters(2); 
Whereas under these Agreements, Norway, Iceland and Sweden undertook to grant to the 
Community additional catch quotas for cod and redfish in Norwegian waters, for redfish in the 
Icelandic fishing zone, and for cod and herring in Swedish waters; 
Whereas allocation methods must take into account the interests of all Member States whenever 
new fishing opportunities are established in accordance with Article 8(4)(iii) of Regulation (EEC) 
No 3760/92; whereas due consideration should be given to the economic and social cohesion of 
the Community, since it has acquired the resources in question within the framework of the 
Agreement on the European Economic Area; 
Whereas the fishing activities covered by this Regulation are subject to the control and inspection 
measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing 
a control system applicable to the common fisheries policy(3), 
(1) OJNoL 389, 21.12.1992, p. 1. 
(2) OJNoL 
(3) OJ No L 261, 20.10.1993, p. 1. 
HAS ADOPTED THIS REGULATION: 
Article 1 
Vessels flying the flag of a Member State shall be authorized in 1994 to take catches within the 
geographical limits and subject to the quotas set out in Annex I, in waters falling within the 
fisheries jurisdiction of Norway north of 62 degrees North, without prejudice to catches already 
authorized for the same period by Council Regulation (EC) No 3692/93 of 21 December 1993 
allocating, for 1994, certain catch quotas between Member States for vessels fishing in the 
Norwegian exclusive economic zone and the fishing zone around Jan Mayen(4). 
Article 2 
Catches by vessels flying the flag of a Member State in waters falling within the Icelandic 
Exclusive Economic Zone shall be limited for 1994 to the quotas set out in Annex II hereto. 
Article 3 
Vessels flying the flag of a Member State shall be authorized in 1994 to take catches within the 
geographical limits and subject to the quotas set out in Annex III hereto in waters falling within 
the fisheries jurisdiction of Sweden, without prejudice to catches already authorized for the same 
period by Council Regulation (EC) No 3683/93 of 20 December 1993 allocating, for 1994, catch 
quotas between Member States for vessels fishing in Swedish waters(5). 
Article 4 
This Regulation shall enter into force on the day of its publication in the Official Journal of the 
European Communities. 
It shall apply from 1 January 1994. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, For the Council 
The President 
(4) OJ No L 341, 31.12.1993, p. 104. 
(5) OJNoL 341, 31.12.1993, p. 67. 
10 
ANNEX I 
Allocation for 1994 of additional Community catch quotas 
in Norwegian waters, as referred to in Article 1 
(Norwegian waters north of 62°00'N) 
(tonnes: fresh round weight) 
Species 
Cod 
Redfish ICES 
Division 
I, II 
I, II Community 
Catch Quotas 
7 250 
1 500 Quotas allocated 
to Member States 
Spain 3 260 
Portugal 3 260 
Ireland 365 
Greece 365 
Germany 500 
Spain 190 
Portugal 810 
11 
ANNEX II 
Allocation for 1994 of Community catch quotas 
in Icelandic waters, as referred to in Article 2 
(tonnes: fresh round weight) 
Species 
Redfish ICES 
Division 
Va Community 
Catch Quotas 
3 0000) Quotas allocated 
to Member States 
Germany 1 740 
United Kingdom 1 160 
Belgium 100 
(1) Including unavoidable by-catches (cod not allowed). 
12 
ANNEX 111 
Allocation for 1994 of additional Community catch quotas 
in Swedish waters, as referred to in Article 3 
(tonnes: fresh round weight) 
Species 
Cod 
Herring ICES 
Division 
nid 
Hid Community 
Catch Quotas 
900 
1 500 Quotas allocated 
to Member States 
Denmark 660 
Germany 240 
Denmark 860 
Germany 640 
13 
ISSN 0254-1475 
COM (93) 690 final 
DOCUMENTS 
EN il 03 
Catalogue number : CB-CO-93-744-EN-C 
ISBN 92-77-63094-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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