COUNCIL REGULATION (EC) No 3676/93 of 21 December 1993 fixing, for certain fish stock and groups of fish stocks, the total allowable catches for 1994 and certain conditions under which they may be fished
Date: 1993-12-21
Institutions: Council of the European Union
Subjects: authorised catch, catch by species, catch quota, fishing net, sea fish













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31993R3676

COUNCIL REGULATION (EC) No 3676/93 of 21 December 1993 fixing, for certain fish stock and groups of fish stocks, the total allowable catches for 1994 and certain conditions under which they may be fished  


Official Journal L 341 , 31/12/1993 P. 0001 - 0035 





COUNCIL REGULATION (EC) No 3676/93 of 21 December 1993 fixing, for  certain fish stock and groups of fish stocks, the total allowable catches for 1994 and certain  conditions under which they may be fishedTHE 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 aquaculture  (1), and in particular Article 8 (4) thereof, Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 157, 161  and 348 thereof, Having regard to the proposal from the Commission, Whereas Article 4 of Regulation (EEC) No 3760/92 requires the Council to formulate, in the light of  the available scientific advice and, in particular, of the report prepared by the Scientific,  Technical and Economic Committee for Fisheries, the measures necessary to ensure the rational and  responsible exploitation of resources on a sustainable basis; Whereas a management regime making full use of the new management possibilities given by Regulation  (EEC) No 3760/92 cannot yet be achieved, due to the need to put into force certain measures for the  control of fisheries, to implement an appropriate administrative framework (licensing system) and  to enhance scientific knowledge; whereas, until such a management regime is consolidated,  limitation of exploitation rates should be guaranteed by the current TAC system; Whereas under the terms of Article 8 (4) of Regulation (EEC) No 3760/92, it is incumbent upon the  Council, in accordance with Article 4, to establish the total allowable catches (TAC) by fishery or  group of fisheries; whereas fishing opportunities should be allocated to Member States in  accordance with Article 8 (4) (ii); Whereas it is necessary to establish the principles and certain procedures of fishery management at  the Community level, so that Member States can ensure the management of the fleets under their flag  or jurisdiction; Whereas in accordance with the procedure provided for in Article 2 of the Agreement on fisheries  between the European Economic Community and the Kingdom of Norway (2), Article 2 of the Agreement  on fisheries between the European Economic Community and the Government of Sweden  (3), and Article  2 of the Agreement on fisheries between the European Economic Community, of the one part, and the  Government of Denmark and the Home Government of the Faroe Islands, of the other part  (4), the  parties have consulted on their reciprocal fishing rights for 1994; Whereas these bilateral consultations have been concluded; whereas it is possible to fix the TACs,  the Community shares and the quotas for those joint and autonomous stocks of which part is  allocated to Norway, Sweden and the Faroe Islands; Whereas the Community has signed the United Nations Convention on the Law of the Sea, which  contains principles and rules relating to the conservation and management of the living resources  of the sea; Whereas, in the framework of its wider international obligations, the Community participates in  efforts to conserve fish stocks arising in international waters; whereas the extent to which such  stocks are fished by vessels of the Community should be viewed in the light of overall fishing  activity and the contribution made hitherto by the Community towards their conservation should be  taken into account; Whereas the catch restrictions fixed for cod in ICES division II b should also cover all areas  where this stock occurs in order to prevent unlimited catches in adjacent areas; Whereas the International Baltic Sea Fishery Commision has recommended TACs for the stocks of cod,  salmon, herring and sprat occurring in the waters of the Baltic Sea and the shares thereof for each  Contracting Party; Whereas, in the case of certain stocks fished mainly for reduction to meal and oil, it does not  appear necessary to make quota allocations; Whereas Article 161 of the Act of Accession of Spain and Portugal fixes the share of the TACs  allocated to Spain for certain stocks in certain zones and allocates flat-rate amounts of horse  mackerel and blue whiting to Spain; Whereas those flat-rate amounts of blue whiting must be divided among ICES sub-areas and divisions  V b (EC zone), VI, VII and VIII a, b and d; Whereas, pursuant to Article 158 of the Act of Accession, a distinction must be made between  fishing for demersal species and fishing for species other than demersal; whereas the group to  which blue whiting, anchovy and horse mackerel belong must therefore be defined; Whereas, in order to ensure effective management of these TACs, the specific conditions under which  fishing operations occur should be established; Whereas, in order to ensure a better exploitation of the quotas of herring, hake and mackerel,  transfers of quotas from ICES divisions IV c and VII d to ICES division IV b should be allowed for  herring and transfers from zones V b (EC zone), VI, VII, XII and XIV and from zones VIII a, b, d,  and e to zone II a (EC zone) and IV (EC zone) should be permitted for hake, and transfers from  zones II a (EC zone) and IV and zones II (except EC zones), V b (EC zone) VI, VII, VIII a, VIII b,  VIII d and VIII e, XII, XIV to zone IV a (EC zone) should be permitted for mackerel, and transfers  from zones V b (EC zone), VI, VII and VIII a, VIII b and VIII d should be permitted for blue  whiting; Whereas, in order to ensure a better exploitation of the haddock stocks in zones V b (EC zone), VI,  XII and XIV, catches in zones V b and VI a should be limited; Whereas catches of certain pelagic species and certain shrimps (Pandalus spp. except Pandalus  montagui) may be taken with a mesh size which derogates from Community regulations; whereas  scientific advice on the appropriate mesh sizes for such fisheries is already available; whereas,  until the necessary amendments have been made to Regulation (EEC) No 3094/96  (1), it is  appropriate to prolong the current conditions of fishing as defined by Article 9 of Regulation  (EEC) No 3919/92 (2); Whereas catches of whiting may be taken with a mesh size which derogates from Community  regulations; whereas the Scientific and Technical Committee for Fisheries has commented favourably  on the conditions for fishing for whiting currently established; whereas, until the necessary  amendments have been made to Regulation (EEC) No 3094/86, it is appropriate to prolong the current  conditions of fishing as defined by Article 9 of Regulation (EEC) No 3919/92; Whereas massive catches of young flatfish are being taken in the southern North Sea in autumn,  whereas protection should be given to these fish, in order to achieve a better exploitation; Whereas improved economic utilization of Baltic Sea herring requires it to be used for purposes  other than direct human consumption; whereas the state of this stock is such that, under  appropriate management, there is no danger in implementing such a measure, HAS ADOPTED THIS REGULATION: Article 1 This Regulation fixes for 1994, for certain fish stocks and groups of  fish stocks, total allowable catches (TACs) per stock or group of stocks, the share of these  catches available to the Community, the allocation of that share among Member States and the  specific conditions under which these stocks may be fished (3). For the purposes of this Regulation: - the Skagerrak is bounded on the west by a line drawn from the Hanstholm lighthouse to the  Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna  lighthouse and from this point to the nearest point on the Swedish coast, - the Kattegat is bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna  lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line  drawn from Hasenoere to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to  Kullen, - the North Sea shall comprise ICES Sub-area IV and that part of ICES division III a which is not  covered by the definition of the Skagerrak given in this Article. Article 2 TACs for stocks or groups of stocks to which Community rules apply and the share of  these catches available to the Community are hereby fixed for 1994 as set out in the Annex. Article 3 The allocation among the Member States of the share available to the Community of the  TACs mentioned in Article 2 is fixed in the Annex. This allocation shall be without prejudice to exchanges made pursuant to Article 9 (1) of  Regulation (EEC) No 3760/92 and re-allocations made pursuant to Article 11 (4) and Article 11 c (2)  of Regulation (EEC) No 2241/87 (1). Article 4 As regards the herring stock of the North Sea and of the eastern English Channel,  transfers of up to 50 % of the quotas may be effected from ICES divisions IV c and VII d to ICES  division IV b. As regards the hake stock in zones II a (EC zone) and IV (EC zone), Member States having a quota in  this zone may, on exhaustion of this quota, make transfers from zones V b (EC zone), VI, VII, XII  and XIV and from zones VIII a, b and d to zone II a (EC zone) and IV (EC zone). However, such transfers must be notified in advance to the Commission. Article 5 1.  It shall be prohibited to retain on board or to land catches from stocks for which  TACs or quotas are fixed unless: (i) the catches have been taken by vessels of a Member State having a quota and that quota is not  exhausted; or (ii) the share of the TAC available to the Community (Community share) has not been allocated by  quota among Member States and the Community share has not been exhausted; or (iii) for all species other than herring and mackerel, they are mixed with other species and have  been taken with nets whose mesh size is 32 millimetres or less in regions 1 and 2 or 40 millimetres  or less in region 3 in accordance with Article 2 (1) of Regulation (EEC) No 3094/86, and are not  sorted either on board or on landing; or (iv) for herring, they are within the limits of paragraph 2; or (v) for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed  10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not  sorted, or (vi) they are caught during the course of scientific investigations carried out under Regulation  (EEC) No 3094/86. All landings shall count against the quota, or, if the Community share has not been allocated  between Member States by quotas, against the Community share, except for catches made under the  provisions of (iii), (iv), (v) and (vi). 2.  When fishing with nets whose mesh size is less than 32 millimetres in regions 1 and 2 other  than the Skagerrak and the Kattegat and with nets whose mesh size is less than 40 millimetres in  region 3, it shall be prohibited to retain on board catches of herring mixed with other species  unless such catches are not sorted and unless the herring, if mixed with sprat only, does not  exceed 10 % by weight of the total weight of herring and sprat combined. When fishing with nets whose mesh size is less than 32 millimetres in regions 1 and 2 and with nets  whose mesh size is less than 40 millimetres in region 3, it shall be prohibited to retain on board  catches of herring mixed with other species unless such catches are not sorted and unless the  herring, if mixed with other species whether or not including sprat, does not exceed 5 % by weight  of the total weight of the herring and other species combined. 3.  The determination of the percentage of by-catches and their disposal shall be made in  accordance with Article 2 of Regulation (EEC) No 3094/86. Article 6 1.  Fishing for herring shall be prohibited from 1 July to 31 October 1994 within the  area bounded by the following coordinates: - the west coast of Denmark at 55°30&prime; N, - latitutde 55°30&prime; N longitude 07°00&prime; E, - latitude 57°00&prime; N longitude 07°00&prime; E, - the west coast of Denmark at 57°00&prime; N. 2.  Fishing for herring shall be prohibited in the zone extending from six to 12 miles off the east  coast of the United Kingdom as measured from the baselines between latitudes 54°10&prime; N and  54°45&prime; N for the period 15 August to 30 September 1994 and between latitudes 55°30&prime; N  and 55°45&prime; N for the period 15 August to 15 September 1994. 3.  Fishing for herring shall be prohibited throughout the year in the Irish Sea (ICES division VII  a) in the maritime area between the west coasts of Scotland, England and Wales and a line drawn 12  miles from the baselines of these coasts bounded to the south by latitude 53°20&prime; N and to the  north-west by a line drawn between the Mull of Galloway (Scotland) and the Point of Ayre (Isle of  Man). 4.  Fishing for herring shall be prohibited from 21 September to 31 December 1994 in the parts of  the Irish Sea (ICES division VII a) bounded by the following coordinates: (a) - the east coast of the Ilse of Man at latitude 54°20&prime;N, - latitude 54°20&prime; N, longitude 3°40&prime; W, - latitude 53°50&prime; N, longitude 3°50&prime; W, - latitude 53°50&prime; N, longitude 4°50&prime; W, - the south-west coast of the Isle of Man at longitude 4°50&prime; W; (b) - the east coast of Northern Ireland at latitude 54°15&prime; N, - latitude 54°15&prime; N, longitude 5°15&prime; W, - latitude 53°50&prime; N, longitude 5°50&prime; W, - the east coast of Ireland at latitude 53°50&prime; N. Fishing for herring shall be prohibited throughout 1994 in Logan Bay, defined as being the waters  east of a line drawn from the Mull of Logan, situated at latitude 54°44&prime; N and longitude  4°59&prime; W, to Laggantalluch Head, situated at latitude 54°41&prime; N and longitude 4°58&prime;  W. 5.  Notwithstanding paragraph 4, vessels with a length not exceeding 12,2 metres based in ports  situated on the east coast of Ireland and Northern Ireland between latitudes 53°00&prime; N and  55°00&prime; N may fish herring in the prohibited area described in paragraph 4 (b). The only  method of fishing authorized shall be drift netting with nets of a minimum mesh size of 54 mm. 6.  Fishing for herring shall be prohibited in the maritime area situated to the north east of a  line drawn between Mull of Kintyre and Corsewall Point from 1 January to 30 April 1994. 7.  Fishing for herring shall be prohibited from 15 to 31 January 1994 within the area bounded by  the following coordinates: - the south-east coast of Ireland at latitude 52°30&prime; N; - latitude 52°30&prime; N, longitude 06°00&prime; W; - latitude 52°00&prime; N, longitude 06°00&prime; W; - the south-east coast of Ireland at latitude 52°00&prime; N. 8.  The areas and periods described in this Article may be altered in accordance with the procedure  laid down in Article 18 of Regulation (EEC) No 3760/92. Article 7 Notwithstanding Article 2 of and Annex I to Regulation (EEC) No 3094/86, under headings  Region '2`, Geographical area 'Entire region except Norway pout box` and the 'Authorized target  species` with respect to Norway pout, the maximum percentage of protected species shall be 15 % of  which no more than 5 % shall be taken up by cod and haddock. Article 8 Blue whiting, anchovy and horse mackerel shall be considered to be species other than  demersal. Article 9 Footnotes 11, 12 and 13 in Annex I to Regulation (EEC) No 3094/86 are hereby replaced  by the following:  (11) 'The use of 32 mm mesh shall be permitted until 31 December 1994`,  (12) 'The use of 35 mm mesh shall be permitted until 31 December 1994`;  (13) 'The conditions for this type of fishing shall remain valid until 31 December 1994`. Article 10 Notwithstanding the second subparagraph of paragraph (a) of Article 9 (3) of  Regulation (EEC) No 3094/86, the period of enlargement of the area in which beam trawling is banned  shall run from 1 April up to and including 31 December. Article 11 Notwithstanding Regulation (EEC) No 2115/77, directed fishing for and landing of  herring from the Baltic Sea can be conducted for purposes other than direct human consumption, on a  pilot basis until 31 December 1994, within the rules provided in Regulation (EEC) No 1866/86. Article 12 This Directive shall enter into force on the day of its publication in the Official  Journal of the European Communities. It shall apply with effect from 1 January 1994. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 21 December 1993. For the Council The President A. BOURGEOIS (1) OJ No L 389, 31. 12. 1992, p. 1.  (2) OJ No L 226, 29. 8. 1980, p. 48.  (3) OJ No L 226, 29. 8. 1980, p. 2.  (4) OJ No L 226, 29. 8. 1980, p. 12.  (1) OJ No L 288, 11. 10. 1986, p. 1. Regulation as last modified by Regulation (EEC) No 3919/92.  (2) OJ No L 397, 31. 12. 1992, p. 1. Regulation as modified by Regulation (EEC) No 927/93 (OJ No L  96, 22. 4. 1993, p. 1).  (3) The definition of the ICES and CECAF areas referred to in this Regulation is given in  Commission communications 85/C 347/05 (OJ No C 347, 31. 12. 1985, p. 14) and 85/C 335/02 (OJ No C  335, 24. 12. 1985, p. 2) respectively.  (1) OJ No L 207, 29. 7. 1987, p. 1, Regulation as amended by Regulation (EEC) No 3483/88 (OJ No L  306, 11. 11. 1988, p. 2).