Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No. 3090/95 laying down for 1996 certain conservation and management measures for fishery resources in the Regulatory Area as defined in the Convention on Future Multilateral Cooperation in the North West Atlantic Fisheries
Date: 1996-04-25
Institutions: European Commission
Subjects: North-West Atlantic Fisheries Organisation, catch quota, conservation of fish stocks, fishery management, fishing controls

COMMISSION OF THE EUROPEAN  COMMUNITIES 

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Brussels,  25.04.1996 
COM(96)  179 final 

Proposal  for a 

COUNCIL  REGULATION  ( EO 

amending  Regulation  (EC)  No.  3090/95  laying  down  for  1996  certain  conservation  and 
management  measures  for  fishery  resources  in the  Regulatory  Area  as defined  in the 
Convention  on  Future  Multilateral  Cooperation  in the North  West  Atlantic  Fisheries 

(presented  by  the  Commission) 

* 

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EXPLANATORY  MEMORANDUM 

On  22  December  1995,  the  Council  established  certain  conservation  and  management 
measures which are applicable in the NAFO Regulatory Area in 1996(,). Those measures also 
comprise the distribution of the share of Greenland halibut  in NAFO area 3LMNO which is 
available to the Community  between  the Member  States. 

The  objective  of  the  present  proposal  is  to  change,  for  Member  States  and  masters  of 
Community  vessels, the existing  48-hour reporting  system for  the Greenland  halibut  fishery 
into a weekly reporting  system. 

Now that  the  allocation  of  the  Community  quota  of  Greenland  halibut  among  the  Member 
States has  been  established,  it  appears  to  be appropriate  to  bring  the  existing  48-hour  rule, 
which had its merits in the case of an unallocated quota, in line with the currently  applicable 
NAFO  rule which  requires  Contracting  Parties to  report  their  Greenland  halibut  catches on 
a  weekly  basis,  i.e.  "every  Tuesday for  the  week ending at  24:00  hours  on  the previous 
Sunday".  However,  provisions have to be made for  the weekly reports to be received  by the 
Commission sufficiently  in advance, i.e. every Tuesday by noon at the latest, so that they can 
be transmitted  to the  Executive  Secretary  of NAFO  in due time. 

Furthermore, this proposal  offers  the possibility  to correct drafting  errors which occurred in 
Council  Regulation  (EC) No. 3090/95  in relation to the by-catch rules that are applicable in 
connection  with the ban of directed  fishing  for  cod, witch  flounder  and capelin  respectively 
in NAFO area 3NO. 

This  proposal  intends  to  address  these  matters  by  amending  Council  Regulation  (EC) 
No. 3090/95. 

(i)  Council Regulation (EC) No. 3090/95 of 30.12.1995, O.J. No. L 330, p. 108 

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i 

Proposal  for a 

COUNCIL REGULATION  (EC)  No 

/96 

of....  1996 
amending  Regulation  (EC) No. 3090/95  laying down for  1996 certain  conservation  and 
management  measures  for fishery resources in the Regulatory  Area as defined  in the 
Convention  on Future  Multilateral  Cooperation  in the North  West Atlantic  Fisheries 

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 aquaculture (l), and in particular Article  8 (4) thereof, 

Having regard  to the proposal  from  the Commission, 

Whereas  Regulation  (EC)  No. 3090/95  (2) lays down,  inter alia, fishing  quotas  for  Member 
States in the  Regulatory  Area  for  1996; 

Whereas following  the distribution of the share of Greenland halibut which is available to the 
Community  between  Member  States, it now appears appropriate  to change  the  existing 48-
hour reporting system into a weekly reporting system, in accordance with the conservation and 
enforcement  measures that  are applicable  in the Regulatory  Area; 

Whereas reference  has to be made to the by-catch rules that are applicable in connection with 
the  ban  of  directed  fishing  for  cod,  witch  flounder  and  capelin  respectively  in  NAFO 
area 3NO; 

Whereas Regulation  (EC) No. 3090/95 should therefore  be amended; 

(1)  O.J. No. L 389, 31.12.1992,  p. 1. 

(2)  O.J. No.  L 330 of  30.12.1995,  p.  108 

HAS ADOPTED  THIS REGULATION: 

Article  1 

Regulation  (EC)  No. 3090/95  is hereby  amended  as  follows: 

1.  Article  5, last paragraph,  shall be replaced  as  follows: 

"Member States shall report to the Commission every Tuesday before  12:00 hours for the 
week  ending  at  24:00  hours on the previous  Sunday  the quantities  of  Greenland  halibut 
caught  by their vessels". 

2.  Article  7 (4)  shall  be replaced  as follows: 

"4.  Masters of Community vessels fishing for Greenland halibut shall notify the competent 
authorities  of  the  Member  State  whose  flag  their  vessel  is  flying  or  in  which  their 
vessel  is  registered,  48  hours  in  advance  of  engaging  in  that  fishery,  including  if 
possible  an  estimate  of  the  projected  catch,  and  shall  report  every  Monday  for  the 
week ending at 24:00 hours on the previous Sunday the quantities of Greenland halibut 
caught". 

3.  Annex  I shall  be replaced  by the Annex to this Regulation 

Article  2 

This  Regulation  shall  enter  into  force  on  the  day  following  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, 

1996 

For the Council 
The President 

3 

ANNEX I 

Species 

Stock 

Geographical 
region 

Member State 

1996 quota 
(tonnes) 

Zone 

Cod 

North  West  Atlantic 

NAFO 2J3KL 

Cod 

North  West  Atlantic 

NAFO 3NO (1) 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

0 

0 

(1)  There will be no direct  fishing  on this species, which will  be caught  only as a by-catch,  without  prejudice 

to the rules set  out  in Article 6 (3) hereof. 

4 

Species 

Stock 

Geographical 
region 

Member State 

1996  quota 
(tonnes) 

Zone 

Cod 

North  West  Atlantic 

NAFO  3M 

Atlantic  redfish 

North  West  Atlantic 

NAFO  3 M 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

513 

1,574 
221 

2,155 
1,022 

5,485 

4,030 

Species 

Stock 

Geographical 
region 

Member State 

1996  quota 
(tonnes) 

Zone 

Atlantic  redfish 

North  West  Atlantic 

NAFO 3LN 

American  plaice 

North  West  Atlantic 

NAFO 3M(I) 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

374 

374 

0 

(l)  There will be no direct  fishing  on this species, which will  be caught  only as a by-catch,  without  prejudice 

to the rules set out  in Article 6 (3) hereof. 

<f 

Species 

Stock 

Geographical 
region 

Member  State 

1996  q u o ta 
(tonnes) 

Zone 

American  plaice 

North  West  Atlantic 

NAFO 3LNO(1) 

Yellowtail 
flounder 

North  West  Atlantic 

NAFO 3LNO(l) 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom 
Austria 
Finland 
Sweden 
Available for 
Member States 

EC total 

0 

0 

(l)  There will be no direct fishing  on this species, which will be caught only as a by-catch, without prejudice 

to the rules set out  in Article 6 (3) hereof. 

* 

Stock 

Species 

Geographical 
region 

Zone 

Witch  flounder 

North  West  Atlantic 

NAFO 3NO (I) 

Capelin 

North  West  Atlantic 

NAFO 3NO (" 

Member  State 

1996  q u o ta 
(tonnes) 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

0 

0 

(I)  There  will be no direct fishing on  this species, which will be caught  only as a by-catch,  without  prejudice 

to the rules  set out  in Article 6 (3) hereof. 

% 

Stock 

Species 

Geographical 
region 

Zone 

Squid 

North  West Atlantic 

NAFO-
subzones 3+4 

Greenland 
halibut 

North  West Atlantic 

NAFO 
3LMNO 

Member State 

1996  q u o ta 
(tonnes) 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member States 

EC total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom 
Austria 
Finland 
Sweden 
Available for 
Member States 

EC total 

A 

p.m. 

332 

7 616 

3  122 

11 070 

Species 

Stock 

Geographical 
region 

Member State 

1996  quota 
(tonnes) 

Zone 

Shrimp 

North  West  Atlantic 

NAFO 3LNO(,) 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

0 

(,)  There will be no direct  fishing  on this species, which will  be caught only as a by-catch, without  prejudice 

to the rules set out  in Article 6 (3) hereof. 

y** 

ISSN 0254-1475 

COM(96) 179 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  : CB-CO-96-188-EN-C 

ISBN 92-78-03076-7 

Office  for Official  Publications  of the European Communities 

L-2985  Luxembourg