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
Date: 1991-04-15
Institutions: European Commission
Subjects: Antarctica, conservation of resources, fishery resources, fishing rights

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) 

- 2 

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. 

- 3 -

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. 

- 4 -

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. 

- 5 -

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 
(EEC) No  1589/90(6), should be amended accordingly, 

f as last amended  by Regulation 

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. 

fishing 

Directed 
quntheri. 
Chaenocephalus 
Notothenla 
aceratus. PseUdOChaenlChthYS georglanUS and Notothenla sauamlfrons 

for  PataqonotOthen  brevicauda 

albberifrons. 

Notothenla 

rossll, 

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, 

- 6 -

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 
rossll, 
Champsocephalus  gunnar I.  by-catches  of  Notothenla 

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. 

- 7 -

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. 

- 8 -

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. 

-  9  -

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 

- 

ic-

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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