COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 17.03.1997 
COM(97) 108 final 
Proposal for a 
COUNCIL REGULATION ffiQ 
amending 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. 
Within the framework of the agreement between the Russian Federation and the Kingdom of 
Sweden, negotiations have been conducted which resulted, among other things, in a transfer of 
4000 tonnes of herring to the Russian Federation from the quota allocated to Sweden in 
Community waters. 
On the other hand, the fishery for herring in ICES subareas I and II, which was due to be open 
on I April 1997, requires an allocation of quotas for Member States before it starts. Otherwise 
there is a serious risk of overfishing the TAC fixed for Community vessels. While a proposal 
for an allocation has been already made by the Commission, it appears necessary to condition 
the opening of the fishery to the adoption of a decision by the Council. 
This proposal intends to address these matters by modifying Council Regulation (EC) 
N° 390/972. 
O.J. No l.389, 31.12.1992, p. 1 
O.J. No L66, 6.3.1997, p. I 
Z 
Proposal for a 
Council Regulation (EC) No /97of 1997 
amending 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. 3760/921 of 20 December 1992 
establishing a Community system for fisheries and aquaculture 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 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, within the framework of the agreement between the Russian Federation and 
the Kingdom of Sweden, negotiations have been conducted which resulted, among 
other things, in a transfer of 4000 tonnes of herring to the Russian Federation from the 
quota allocated to Sweden in Community waters; whereas this quantity should 
therefore be deducted from the quota allocated to Sweden for 1997; 
Whereas, in order to prevent an overfishing of the stock of herring in ICES subareas I 
and II, the openening of the fishery should be subject to the adoption by the Council 
of an allocation of catch quotas to Member States for 1997 so that the fishing of the 
stock is properly monitored and carried out with the security required; 
O.J. No L389,31.12.1992, p.l 
O.J. No L66, 6.3.1997, p. 1 
• 3 
Whereas Council Regulation (EC) No. 390/97 should therefore be amended 
accordingly, 
HAS ADOPTED THIS REGULATION : 
Article 1 
Council Regulation (EC) No 390/97 is hereby modified as follows : 
1. The annex to this Regulation shall replace the corresponding elements of 
Annex 1 to Regulation (EC) No 390/97. 
2. Note (4) related to the species "herring" and the zone "I, II" of Annex 1 to 
Regulation (EC) No 390/97 is replaced by the following: 
"no fishing of the stock shall take place until an opening date is 
decided by the Council on the basis of Article 8(4) of Council 
Regulation (EC) No 3760/92" 
Artkk.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 
*i 
Annex 
ISpeciee: Htrring 
Clupoa hênngus Zoftr.iiibcd(i) 
Belgiê / Belgique 
Oanmark 
Deutschland 
ElUida 
Eapafla 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 
EC 
TAC 32140 
07 450 ( 1 ) Community waters 
(2) O» which no mora than 80001 may be fished In the Estonian zone, no more 
than 25001 in the Latvian zona, and no mora than 1000 < in tha Lithuanian zone 
36 430 
127 680 
293 700 (2) 
307 700 
X 

ISSN 0254-1475 
COM(97) 108 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-97-098-EN-C 
ISBN 92-78-16869-6 
Office for Official Publications of the European Communities 
L-2985 Luxembourg