Proposal for a Council Regulation (EC) amending Regulation (EC) No 390/97 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1997 and certain conditions under which they may be fished
Date: 1997-03-17
Institutions: European Commission
Subjects: authorised catch, catch quota, fishery management, fishing area, fishing regulations

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  17.03.1997 
COM(97) 108  final 

Proposal for a 

COUNCIL REGULATION  ffiQ 

amending  Regulation (EC) No.390/97 
fixing, for certain fish stocks and groups offish  stocks, the total allowable 
catches for  1997 and certain conditions under which they may be fished 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The objective of the present proposal  is to fix fishing  possibilities for certain stocks offish  and 
to allocate  these  equitably  to  Member  States.  The  fixing  and  the  sharing  of  possibilities  for 
fishing  falls  exclusively  within  the competence of the Community  and arises  from  obligations 
set out  in Article  8(4) of Regulation  (EEC) n° 3760/92 of the Council of 20 December  19921, 
establishing a Community regime for fishing and aquaculture. 

Within  the  framework  of the agreement  between  the  Russian  Federation  and  the  Kingdom  of 
Sweden, negotiations have been conducted which resulted, among other things, in a transfer  of 
4000  tonnes  of  herring  to  the  Russian  Federation  from  the  quota  allocated  to  Sweden  in 
Community waters. 

On the other hand, the fishery  for herring in ICES subareas I and  II, which was due to be open 
on  I April  1997, requires an allocation of quotas for  Member States before  it starts. Otherwise 
there  is a serious  risk  of overfishing  the TAC fixed  for  Community  vessels. While a proposal 
for an allocation  has been already  made by the Commission,  it appears necessary  to condition 
the opening of the fishery to the adoption of a decision by the Council. 

This  proposal  intends  to  address  these  matters  by  modifying  Council  Regulation  (EC) 
N° 390/972. 

O.J. No  l.389, 31.12.1992, p. 1 

O.J. No  L66, 6.3.1997,  p. I 

Z 

Proposal for a 

Council Regulation (EC) No 

/97of 

1997 

amending  Regulation (EC) No.390/97 
fixing, for certain fish stocks and groups offish  stocks, the total allowable 
catches for 1997 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.  3760/921  of  20  December  1992 

establishing  a  Community  system  for  fisheries  and  aquaculture  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 Regulation (EC) No. 390/972 fixes, for certain fish stocks and groups of fish 

stocks, the TACs for  1997 and certain conditions under which they may be fished; 

Whereas, within the framework of the agreement between the Russian Federation and 

the  Kingdom  of  Sweden,  negotiations  have  been  conducted  which  resulted,  among 

other things, in a transfer of 4000 tonnes of herring to the Russian Federation from the 

quota  allocated  to  Sweden  in  Community  waters;  whereas  this  quantity  should 

therefore be deducted from the quota allocated to Sweden for 1997; 

Whereas, in order to prevent an overfishing  of the stock of herring in ICES subareas I 

and II, the openening of the fishery  should be subject to the adoption by the Council 

of an allocation of catch quotas to Member  States for  1997 so that the fishing of the 

stock is properly monitored and carried out with the security required; 

O.J. No L389,31.12.1992, p.l 

O.J. No L66, 6.3.1997, p. 1 

•  3 

Whereas  Council  Regulation  (EC)  No.  390/97  should  therefore  be  amended 

accordingly, 

HAS ADOPTED THIS REGULATION : 

Article 1 

Council  Regulation (EC) No 390/97 is hereby modified as follows : 

1. 

The  annex 

to  this  Regulation  shall  replace  the  corresponding  elements  of 

Annex  1  to Regulation (EC) No 390/97. 

2. 

Note  (4)  related  to  the  species  "herring"  and  the  zone  "I,  II" of  Annex  1 to 

Regulation (EC) No 390/97 is replaced by the following: 

"no  fishing  of the stock shall take place until an opening date is 

decided  by  the  Council  on  the  basis  of  Article  8(4) of  Council 

Regulation (EC) No 3760/92" 

Artkk.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 

*i 

Annex 

ISpeciee: 

Htrring 
Clupoa hênngus 

Zoftr.iiibcd(i) 

Belgiê / Belgique 
Oanmark 
Deutschland 
ElUida 
Eapafla 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 

EC 

TAC 

32140 
07 450 

( 1 ) 
(2) 

Community waters 
O» which no mora than 80001 may be fished In the Estonian zone, no more 
than 25001 in the  Latvian zona, and  no mora than 1000  < in tha Lithuanian zone 

36 430 
127 680 

293 700 (2) 

307 700 

X 

ISSN 0254-1475 

COM(97) 108  final 

DOCUMENTS 

EN 

03 

Catalogue  number  :  CB-CO-97-098-EN-C 

ISBN 92-78-16869-6 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg