Proposal for a COUNCIL REGULATION (EC) allocating for 1997 catch quotas between Member States for vessels fishing in Estonian waters
Date: 1996-12-12
Institutions: European Commission
Subjects: EU Member State, Estonia, catch quota, fishing area, fishing vessel

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  12.12.1996 
COM(96) 656  final 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

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

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

Consultations  between  the  Community  and  Estonia  took  place  in  Tallinn  from  15  to  16 
October  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  Estonia,  concluded  on  .... 
This new Agreement, on the date of its entry into force, replaces the previous 
fisheries  agreements  concluded  with  Estonia  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 Estonian 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 arnong Member  States the quotas 
available  in  1997  to  Community  vessels  fishing  in  the  Estonian  zone  under  the  above 
mentioned  arrangement. 

The fisheries  arrangement agreed with Estonia 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 Estonia 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  12.1, 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. 

Estonia is compensated for the quotas obtained in its waters by way of a financial  contribution 
of  ECU  765,530,  in  accordance  with  Article  4  of  the  Agreement  on  Fisheri••..?.  Relations 
between  the European  Community  and the Republic  of  Estonia. 

1 

Proposal  for  a 

COUNCIL REGULATION  (EC)  No 

/96 

of....  December  1996 

allocating  for  1997 catch  quotas  between  Member  States 
for vessels fishing  in Estonian  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(1), 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 Estonia(2), concluded  on  .... 
, and in particular Articles 3 and 6 thereof, the Community  and Estonia 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 Estonia; 

Whereas to ensure efficient  management of the catch possibilities available in Estonian 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  Estonia, 

(i) 

(2) 

(3) 

(4) 

O J N o L 3 8 9,  31.12.1992,  p. 1. 
OJ No C 279, 25.9.1996,  p. 6. 
OJ No  L 261, 20.10.1993, p. 1. 
O J N oL  115, 9.5.1996,  p. 3. 

3 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

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  Estonia. 

Article 2 

The financial contribution provided  for  in Article 4 of the Agreement  on Fisheries  Relations 
between  the  European  Community  and  the  Republic  of  Estonia  shall  be  set  for  the  period 
referred  to  in Article  1 at ECU 765,530, payable  to an account  designated  by  Estonia. 

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 

4 

ANNEX 

Allocation  of  Community  catch  quotas  in  Estonian  waters  for  1997 

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

Species 

Cod 

ICES 
division 

Hid 

Community 
catch  quotas 

500 

Herring 

Hid 

5,000 

Salmon 

Hid 

5,400(,) 

Sprat 

nid 

30,500 

Quotas  allocated 
to  Member  States 

Denmark 
Finland 
Germany 
Sweden 

Denmark 
Finland 
Germany 
Sweden 

Denmark 
Finland 
Germany 
Sweden 

Denmark 
Finland 
Germany 
Sweden 

(225) 
(10) 
(100) 
(165) 

(1,260) 
(620) 
(945) 
(2,175) 

(1,460)(,) 
(1,820)(1) 
(160)(,) 
(1,960)(,) 

(9,645) 
(3,920) 
(2,565) 
(14,370) 

1 

(1) 

Number  of  individual  fish. 

FINANCIAL  STATEMENT 

1. 

TITLE: 

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

7. 

FINANCIAL CONSEQUENCES: 

ECU 765,530 

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: 

Quota  obtained  (in  tonnes) 

Weighted  average  landing  prices 
1995  (ECU/tonne) 

COD 

1,400 

SALMON 

HERRING 

SPRAT 

27 
(5,400  units) 

5,000 

30,500 

967 

2,906 

152.74 

81.83 

Market  value  (in  ECUs) 

Negotiated  (percentage) 
In  ECUs 

1,353,800 

25% 
338,450 

78,460 

25% 
19,615 

763,700 

2,495,815 

12.5% 
95,450 

12.5% 
312,015 

Total  financial  compensation  (Article  4):  ECU  765,530 
Average price ECU/tonne:  20.73 

ANTI-FRAUD  PROVISIONS: 

The financial contribution granted by the Community is utilised by Estonia to develop 
its  fisheries  sector  in  accordance  with  Article  4  of  the  Agreement.  The  amount  is 
administered  by the National  Estonian  Board  of Fisheries. 

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 Estonia 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  Estonia  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  the  budgetary  planning  for  the  period 
concerned. 

10. 

ADMINISTRATIVE  EXPENSES: 

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

1 

ISSN 0254-1475 

COM(96) 656 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-CO-96-669-EN-C 

ISBN 92-78-13287-X 

Office  for Official  Publications of the European Communities 

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