Proposal for a COUNCIL REGULATION (EC) allocating for 1997 catch quotas between Member States for vessels fishing in Lithuanian waters
Date: 1996-12-12
Institutions: European Commission
Subjects: Lithuania, catch quota, financial compensation of an agreement, fishery management, fishing agreement

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  12.12.1996 
COM(%)661  final 

Proposal  for  a 

COUNCIL REGULATION  (EC) 

allocating for  1997 catch quotas  between Member States 
for vessels fishing  in Lithuanian waters 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

Consultations  between  the  Community  and  Lithuania  took  place  in  Vilnius  from  4  to  5 
November  1996 and resulted in an agreement defining a reciprocal  fisheries arrangement for 
1997. 

These  consultations  were  held on the basis of  the  new  framework  Agreement  on Fisheries 
Relations between the European Community and the Republic of Lithuania, concluded on .... 
This new Agreement, on the date of its entry into force, replaces the previous 
fisheries agreements  concluded  with  Lithuania  by  the  Community,  as  constituted  before 
enlargement,  and by Sweden and Finland respectively. 

Taking  into  account  that the  annual  consultations  occurred  prior  to  the  ratification  of  the 
Agreement on Fisheries Relations being terminated, the fisheries arrangement agreed for 1997 
will  only be implemented from the date of its entry into force. 

The  fisheries  arrangement  for  1997  provides  for,  inter  alia,  certain  catch  quotas  for 
Community vessels in the Lithuanian fishing zone in the framework of the exchange of  fishing 
possibilities and reciprocal access quotas. 

The purpose of this proposal for a regulation is to allocate among Member States the quotas 
available  in  1997  to  Community  vessels  fishing  in  the  Lithuanian  zone  under  the  above 
mentioned arrangement. 

The fisheries arrangement agreed with Lithuania for 1997 has been negotiated on behalf of the 
enlarged Community. The fishing possibilities now obtained by the enlarged Community are 
distributed among Member States on the basis of the traditional fishing pattern in the Baltic 
Sea before the entry into force of the new Agreement, when Denmark, Finland, Germany and 
Sweden were the only Member States with fishing rights in the region. Therefore, the  fishing 
possibilities  cannot  be  considered  as  "new" in the  sense  of  Article  8 of  Regulation  (EEC) 
No  3760/92, as they result from the amalgamation of the existing fishing possibilities under 
the previous fisheries agreements concluded with Lithuania by the Community, as constituted 
before enlargement,  and by Sweden and Finland respectively. 

As a consequence  of the Act of Accession of  Austria, Finland and Sweden to the European 
Union, in particular Article  121, paragraph  1, footnote  9 of the table, Member States of the 
Community, as constituted before enlargement, have been compensated for their lower share 
of the cod stock up to the level required by the Council Declaration. 

Lithuania  is  compensated  for  the  quotas  obtained  in  its  waters  by  way  of  a  financial 
contribution of ECU  1,041,048,  in accordance with Article 4 of the Agreement on Fisheries 
Relations between the European Community and the Republic of Lithuania. 

z. 

Proposal  for  a 

COUNCIL REGULATION  (EC)  No 

/96 

of....  December  1996 

allocating for  1997 catch quotas between  Member States 
for vessels fishing in Lithuanian waters 

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(I), 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,  in  accordance  with  the  procedure  provided  for  in  the  Agreement  on  Fisheries 
Relations  between the European  Community  and  the Republic  of  Lithuania(2), concluded  on 
, and in particular Articles 3 and 6 thereof, the Community and Lithuania 
have held consultations concerning their mutual fishing rights for  1997 and the management 
of common  living resources; 

Whereas, in the  course of these consultations, the delegations agreed to recommend  to their 
respective authorities that certain catch quotas for  1997 should be fixed for the vessels of the 
other  Party; 

Whereas  the necessary  measures  should  be taken to  implement,  for  1997, the  results  of the 
consultations held with Lithuania; 

Whereas  to  ensure  efficient  management  of  the  catch  possibilities  available  in  Lithuanian 
waters,  quotas  should  be  allocated  among  Member  States  in  accordance  with  Article  8  of 
Council  Regulation  (EEC) No 3760/92; 

Whereas the fishing activities covered by this Regulation are subject  to the control measures 
provided  for  by  Council  Regulation  (EEC)  No  2847/93  of  12 October  1993  establishing  a 
control  system applicable to the common fisheries policy*3*; 

Whereas  additional  conditions  for  the  year-to-year  management  of  TACs  and  quotas,  in 
accordance  with  the  provisions  laid  down  in  Article  2  of  Council  Regulation  (EC) 
No  847/96(4), were not agreed with Lithuania; 

(1) 
(2) 
(3) 
(4) 

OJ No L  389, 31.12.1992,  p. 1. 
OJ No C 284, 27.9.1996,  p. 8. 
OJ No L 261, 20.10.1993,  p. 1. 
OJ No L  115, 9.5.1996,  p. 3. 

Z 

HAS ADOPTED THIS REGULATION: 

Article  J 

From  1 January to 31 December  1997 vessels flying the flag of a Member State are hereby 
authorised to make catches within the quota limits set out in the Annex in waters falling within 
the fisheries jurisdiction of Lithuania. 

Article 2 

The financial contribution provided for in Article 4 of the Agreement on Fisheries Relations 
between the European Community and the Republic of Lithuania shall be set for the period 
referred to in Article  1 at ECU  1,041,048,  payable to an account designated by Lithuania. 

Article 3 

Stocks referred to in the Annex shall not be subject to the conditions stipulated in Articles 2, 
3 and 5 (2) of Council Regulation (EC) No 847/96. 

This Regulation shall enter into force on  1 January 1997. 

Article 4 

This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 

Done at Brussels, .... December  1996. 

For the Council 
The President 

ANNEX 

Allocation  of  Community  catch  quotas  in  Lithuanian  waters  for  1997 

(in  metric  tonnes, fresh  round  weight;  for  salmon: numbers of  individual  fish) 

Species 

Cod 

ICES 
division 

nid 

Community 
catch  quotas 

1,675 

Herring 

Hid 

3,000 

Salmon 

nid 

4,100(,) 

Sprat 

Hid 

12,000 

Quotas  allocated 
to  Member  States 

Denmark 
Finland 
Germany 
Sweden 

Denmark 
Finland 
Germany 
Sweden 

Denmark 
Finland 
Germany 
Sweden 

Denmark 
Finland 
Germany 
Sweden 

(755) 
(35) 
(330) 
(555) 

(755) 
(375) 
(570) 
(1,300) 

(1,110)(,) 
(1,385)(,) 
(125)(,) 
(l,480)(l) 

(3,795) 
(1,540) 
(1,010) 
(5,655) 

(1) 

Number of individual fish. 

r 

FINANCIAL  STATEMENT 

1. 

TITLE: 

Proposal  for  a  Council  Regulation  allocating  for  1997  catch  quotas 
between  Member  States for  vessels fishing  in Lithuanian waters. 

2.  BUDGETARY LINE CONCERNED:  B7-800 

3. 

LEGAL BASIS: 

Article  8 (4) of Council Regulation  (EEC) No  3760/92 

4. 

DESCRIPTION: 

4.1  General objectives: 

• 

• 
• 

maintain  and develop the traditional  activity  of  Community  fishermen 
in Lithuanian waters; 
supply the Community market; and 
decrease the fishing  effort  in Community waters. 

4.2 

Period  covered: 

Year  1997 

5. 

CLASSIFICATION  OF EXPENDITURE: 

5.1  DO 

5.2 

CD 

6. 

TYPE OF EXPENDITURE: 

Financial  compensation paid  for  fishing  possibilities in Lithuanian waters. 

7. 

FINANCIAL CONSEQUENCES: 

ECU  1,041,048 

The  financial  compensation  provided  for  in  Article  4  of  the  Agreement  has  been 
negotiated on the basis of average landing prices for  1995 in Community  ports in the 
Baltic Sea. A deduction has been made for estimated fleet exploitation costs for each 
of the species. 

7.1  Method  of calculation: 

COD 

SALMON 

HERRING 

SPRAT 

Quota obtained (in tonnes) 

Weighted average landing prices 
1995 (ECU/tonne) 

Market value (in ECUs) 

Negotiated (percentage) 
In ECUs 

3,500 

967 

3,385,000 

25% 
846,125 

20.5 
(4,100 units) 

3,000 

12,000 

2,906 

59,573 

25% 
14,893 

152.74 

81.83 

458,220 

12.5% 
57,270 

981,960 

12.5% 
122,760 

Total  financial  compensation  (Article 4):  ECU  1,041,048 
Average price ECU/tonne:  56.21 

ANTI-FRAUD  PROVISIONS: 

The  financial  contribution  granted  by  the  Community  is  utilised  by  Lithuania  to 
develop its fisheries sector in accordance with Article 4 of the Agreement. The amount 
is  administered  by  the  Ministry  of  Agriculture  together  with  the  Ministry  of 
Environmental  Protection of the Republic of  Lithuania. 

ELEMENTS  OF COST/BENEFIT ANALYSIS: 

The  Community  fleet  in the  Baltic  Sea has  been  severely  hit  by  reductions  in  catch 
possibilities, mainly due to biological  factors  (low salinity of the water and the M-74 
disease) and pollution of the water. Any increase in fishing possibilities above current 
critical  catch  levels  will  contribute  towards  preventing  the  fleet,  and  connected 
industries and services ashore, from  collapsing and disappearing. This will also avoid, 
to a certain  extent, payments under  lay-up schemes or social  programmes. 

Experience has taught us that the financial  compensation, similar to that paid in 1996, 
has  mainly  been  used  by  Lithuania  for  the  continued  improvement  of  scientific 
research on fisheries and the training of fisheries managers. This has entailed improved 
scientific  assessment  and  enforcement  in  the  fishery  zone  of  Lithuania  and  has 
contributed to a more rational exploitation of the stocks, to the benefit of all concerned 
in the Baltic  Sea. 

The  expenses  proposed  are  foreseen  in 
concerned. 

the  budgetary  planning  for  the  period 

10. 

ADMINISTRATIVE  EXPENSES: 

The proposal does not require new Commission staff or additional administrative costs. 

} 

ISSN 0254-1475 

COM(96) 661 final 

DOCUMENTS 

EN 

03  11  01 

Catalogue number  :  CB-CO-96-673-EN-C 

ISBN 92-78-13331-0 

Office  for Official  Publications of the European Communities 

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