Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No. 3074/95 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1996 and certain conditions under which they may be fished
Date: 1996-04-03
Institutions: European Commission
Subjects: authorised catch, catch by species, fishery management, fishing area

I  COMMISSION OF THE EUROPEAN  COMMUNITIES 

"*  1 
à 

•6- 

Brussels, 03.04.1996 
COM(96)  147  final 

Proposal  for  a 

COUNCIL  REGULATION  ŒO 

amending Regulation  (EC) No. 3074/95 
fixing,  for certain fish  stocks  and  groups  of fish  stocks, 
the total  allowable  catches for  1996 and certain  conditions  under  which  they  may  be 
fished 

(presented  by  the Commission) 

EXPLANATORY  MEMORANDUM 

The  present  proposal  is aimed  at  introducing  three  new  measures  in Council  Regulation  (EC) 
No  3074/95,  fixing,  for  certain  fish  stocks  and  groups  of  fish  stocks,  the  total  allowable 
catches  (TACs)  for  1996  and  certain  conditions  under  which  they  may  be  fished.  These  are: 

A new TAC  for  Norwegian  Spring-spawning  herring; this requires also a  modification 
of  the  reference  area  for  the  TAC  of  North  Sea  herring; 

a  temporary  ban  on  Baltic  cod  fisheries,  in  order  to  implement  the  recommendations 
of  the  International  Baltic  Sea  Fisheries  Commission,  and 

a  temporary  modification  of  the  conditions  under  which  the  TAC  for  sprat  in 
Skagerrak  and  Kattegat  can  be  fished,  as  mesh  sizes  are  concerned. 

1.  Norwegian  Spring-spawning  herring. 

its 
Since  1994,  the  stock  of  Norwegian  spring-spawning  herring  has  been  expanding 
geographical  distribution  which,  since  the collapse  of the  stock  in the  1970's  was  confined  to 
the  waters  under  national jurisdiction  of Norway.  The stock  is now occurring  both  within  the 
waters  of a number  of States  bordering  the North-East  Atlantic, including  Community  fishing 
waters,  mainly  the  waters  off  the  Shetland  Islands  north  of  62°  N,  as  well  as  in  international 
waters;  it  has  become  a  straddling  fish  stock. 

Assessments  made  by  the  Advisory  Committee  on  Fishery  Management  (ACFM)  at  the 
request  of  the  North-East  Atlantic  Fisheries  Commission  (NEAFC)  suggest  that,  in  view  of 
the  nature  of  this  stock  and  despite  remaining  uncertainty  as  to  whether  and  when  the  stock 
will  actually  reach  its  traditional  range  of  distribution,  this  stock  should  henceforth  be 
managed  in  a  cautious  way  by  restricting  the  total  catch  to  no  more  than  1,000,000  tonnes. 

The  Community  has  sought  to  bring  about  the  necessary  conservation  measures  for  the  entire 
stock  in  the  framework  of NEAFC,  which  it considers  to be the appropriate  regional  fisheries 
organisation  to  regulate  that  stock.  So  far,  these  efforts  have  not  yet  yielded  results. 

Rising  tensions  over  this  issue  are  also  due  to  the  fact  that  the  other  coastal  States  involved 
have  unsuccessfully  tried  to  reach  an  agreement  among  themselves  and  that,  therefore,  those 
States  proceeded  to  allocate  themselves  autonomous  quotas  which,  if  added  together,  exceed 
the  total  catch  recommended  by  ACFM. 

While  efforts  to  cooperate  in  the  conservation  of this  stock  continue,  both  directly  by  all  the 
coastal  States  concerned  and  at  the  level  of NEAFC,  it  is  incumbent  upon  the  Community  to 
forestall  unregulated  fishing  on  that  stock  by  Community  fishing  vessels.  It  is,  therefore, 
necessary  to establish,  for  1996, a legal  framework  within  which  the  fishery  can  be  developed 
in  an  orderly  manner.  This  legal  framework  should  comprise  a  precautionary  TAC,  which, 

-  1  -

uiuler  prevailing  circumstances  ami  with  due  regard  to  all  relevant  sea  areas  where  the 
Community  enjoys  either  exclusive  or  equal  fishing  rights,  is justified  to  be  fixed  at  15%  of 
the  suggested  total  catch. 

This  TAC  should  apply  to  international  waters  and  Community  waters  of  ICES  areas  I and 
II.  In  order  to  keep  consistency,  the  reference  area  for  the  TAC of  North  Sea  herring  should 
therefore  exclude  any  part  of  area  II. 

2.  Summer  ban  for  Baltic  cod. 

During  its  21st  session,  the  International  Baltic  Sea  Fisheries  Commission  (IBSFC)  has 
recommended  a  ban  on  cod  fishing  from  10  June  to  20  August  1996.  Given  the  temporary 
nature  of  this  measure  and  its association  with  the TAC  for  Baltic cod  for  1996, it  is  believed 
that  the  ban  should  be  implemented  by  means  of  the  TAC  regulation,  instead  of  Council 
Regulation  No  1866/86  on  technical  measures  applicable  to  the  Baltic  Sea. 

v  Mesh  size  for  sprat  in  Skagerrak  and  Kattegat. 

The  fishery  for  sprat  in  ICES  Division  Ilia  (Skagerrak  and  Kattegat)  is conducted  as  a  mixed 
fishery  (mixed  clupeoid  fishery)  with  32 mm mesh, under certain  special  conditions  regarding 
the  catch  composition  by  species.  According  to  provisions  stipulated  in  the  1994  Act  of 
Accession,  Sweden  enjoys  a derogation  allowing  the use of  16  mm  mesh  in  this  fishery  until 
30  June  1996. 

In  recent  times,  however,  the  stock  of  sprat  is  improving  in  such  a  way  that  it  is  starting  to 
predominate  in  the  catch.  The  use  of  16  mm  would  in  these  circumstances  contribute  to  a 
better  use  of  the  catch  possibilities  for  sprat  while  minimizing  the  impact  on  associated 
species,  and  should  therefore  be  implemented  on  a  permanent  basis.  The  Commission  is 
intending  to  do  so  in  the  framework  of  a  major  revision  of  technical  measures.  In  the  mean 
time,  in  order  to  better  take  advantage  of  the  fishing  possibilities  offered  by  the  TAC 
regulation  for  this  stock  in  1996, and  with  a view  to ensuring  continuity  of  the conditions  of 
fishing  of  Swedish  vessels,  a  temporary  derogation  should  be  implemented  allowing  the  use 
of  16 mm  mesh. 

This  proposal  intends  to  address  these  matters  by  modifying  Council  Regulation  (EC)  No. 
3074/95. 

2-

Proposal  for  a 

Council  Regulation  (EC)  No 

/96  of 

1996 

amending  Regulation  (LC)  No.  3074/95 
fixing,  for  certain  fish  stocks  and  groups  of  fish  stocks, 
the  total  allowable  catches  for  1996  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.  3760/92  of  20  December  1992  establishing 

a  Community  system  lor  fisheries  and  aquaculture1,  and  in  particular  Article  X  (4)  thereof 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  under  the  terms  of  Article  8  (4)  of  Regulation  (EEC)  No  3760/92  it  is  incumbent 

upon  the  Council  to  establish  the  total  allowable  catches  (TACs)  by  fishery  or  group  of 

fisheries; 

Whereas  Regulation  (EC) No. 3074/952 fixes, for  certain fish stocks and groups offish  stocks, 

the  TACs  for  1996  and  certain  conditions  under  which  they  may  be  fished; 

Whereas  since  1994,  the  stock  of  Atlanto-Scandian  herring  has  been  continuously  extending 

its  area  of  distribution  and  is  now  occurring  both  within  areas  under  national  jurisdiction  of 

a  number  oï  States  bordering  the  North-East  Atlantic,  including  Community  fishing  waters, 

as  well  as  in  high  seas  areas; 

O.J.  No  L389,  of  31.12.1992,  p. 1 

O.J.  No  L  330,of  30.12.1995,  p.l 

J 

Whereas  available  scientific  information  suggests  that  this  stock  be  managed  in  a  cautious 

way  by  ensuring  that  the  spawning  stock  biomass  is  maintained  above  2  .5  million  tonnes; 

Whereas  pending  agreement,  by  way  of  cooperation  between  all  States  concerned,  on 

appropriate  conservation  and  management  measures  concerning  this  slock,  it  is  necessary  to 

establish,  by  way  of  an  autonomous  measure,  a  legal  framework  which  ensures  the  rational 

and  responsible  exploitation  of  this  stock  by  Community  fishing  vessels  within  both 

Community  fishing  waters  and  beyond;  whereas  that  legal  framework  should  consist  of  a 

precautionary  TAC  at  a  level  compatible  with  scientific  advice  which,  under  prevailing 

circumstances,  is justified  to  be  fixed  at  150 000  tonnes; 

Whereas, due to the  positive evolution  of the stock  of sprat  in the Skagerrak  and  the  Kattegat, 

a  profitable  use  of  the  fishing  possibilities  allocated  to  the  Union  lor  1996  would  require 

fishing  with  16  mm  mesh; 

Whereas the International  Baltic sea Fisheries Commission  has recommended  certain  seasonal 

restrictions  associated  to  the  cod  fishery  in  the  Baltic  for  1996; 

Whereas  Council  Regulation  (EC)  No  3074/95  should  therefore  be  amended  accordingly, 

HAS  ADOPTED  THIS  REGULATION  ; 

Article  I 

Council  Regulation  (EC)  No  3074/95  is  hereby  modified  as  follows: 

1) 

The  following  Article  shall  be  inserted  after  Article  8: 

H 

Article  8  bis 

Fishing  for  cod  shall  be  prohibited  in  the  Baltic  Sea,  the  Bells  and  the 

Oresund  from  10 June  to  20  August  1996  inclusive." 

2) 

In  the  Annex  to  Regulation  (EC) No  3074/95, the  heading  "Species:  Herring,  Clupea 

hiircngu.w  /one: 

lla(l),  IVab"  shall  be  replaced  by  "Species:  Herring,  Clupea 

harengus,  /one:  IVab" 

3) 

Annex  I to  this  Regulation  shall  replace  the corresponding  elements  of  the  Annex  to 

Regulation  (EC)  No  3074/95. 

4) 

Annex  II  to  this  Regulation  shall  be  inserted  in  the  Annex  to  Regulation  (EC)  No 

3074/95. 

Article  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. 

r 

I Species: 

Sprat 

Zone:  Ilia 

Annex I 

(1) 

Includes all by-catches of all other species which are caught when fishing toi  sprat and 

which are landed unsorted notwithstanding Article 5. paragraph 2 of this regulation, 

paragraphs  1  and 2 of Council Regulation (EEC) No 3094/86 of 7 Oclobei  191)0 (O J No 

I  288. 11 10.86. p 1 )  I his quota may be fislwd with a mesh si/e of 1 ("> mm 

(2) 

No fishing of this quota may take place, in the Skagerrak. within 4 miles of the baselines 

of the Kingdom of Norway 

(3) 

No fishing of this quota may take place, in the Skagerrak. within  12 miles of the baselines 

of the Kingdom of Norway 

(*) 

Precautionary TAC 

Sprattus  sprattus 

België /  Belgique 

Danmark 

Deutschland 

28810  (1)(2) 

60  (1)(3) 

Irllada 

Espana 

France 

Ireland 

Italia 

Luxembourg 

Nederiand 

Osterreich 

Portugal 

Suomi/Finland 

Svenge 

10900  ( t K 2) 

United Kingdom 

FC 

»AC 

3 9 7 7 0 ( 1) 

4 3 0 0 0 ( 1 )0 

Annex  II 

Species:  Herring 

Zone: 

Clupea  harengus 

(1 ) 

(2) 

Fishing  of  this  stock  is  not  allowed  in Community  waters 

Available  for  all Member  States  Member  States  must 

inform  the 

Commission  every  tuesday  of  their  landings  the  preceding  week 

België /  Belgique 
Danmark 
Deutschland 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United  Kingdom 

(1) 

(1) 
(1) 
(1) 

EC 

TAC 

150.000  (2) 
150.000 

150.000 

? 

ISSN  0254-1475 

COM(96) 147 final 

DOCUMENTS 

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Catalogue number  : CB-CO-96-151-EN-C 

ISBN 92-78-02447-3 

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