Proposal for a COUNCIL REGULATION (EC) amending, for the 2nd time, 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: 1997-04-09
Institutions: European Commission
Subjects: EU Member State, authorised catch, catch quota, fishery management, fishing area, fishing regulations

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Bruxelles, 09.04.1997 
COM(97)  135  final 

Proposal  for  a 

COUNCIL  REGULATION CEO 

amending, for the 2nd time,  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. 

The Community fisheries  for Atlanto-Scandian herring in area II and Horse mackerel in area II, 
IV  and  area  Vb,  VI, VII,  Vlllabde,  XII  , XIV  have  not  been  subjected  to  allocation  among 
Member States. Developments in  1996 have resulted in the need to have a better monitoring of 
these  fisheries  by  means  of  an  allocation  of the  respective  TAC's  in  seperate  fish  quotas  for 
each Member State. 

The  fishery  for  horse  mackerel  is an established  fishery  and the proposal  intends to distribute 
fishing  opportunities between Member States in such a way as to reflect  the historical patterns 
of  fishing  activities  for  each  Member  State,  as  shown  by  the  mean  catch  over  a  recent  and 
representative period (1992-1996). 

The fishery  for  Atlanto-Scandian  herring establishes fishing opportunities  for  the  Community 
that  have  previously  been  prosecuted  to  a  very  limited  extent  under  the  common fisheries 
policy. In this case the crierion chosen has been the average catch during the most recent period 
on which the fishery has taken place, i.e., 1995-1996. 

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

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

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

Council Regulation (EC) No 

/97 of 

1997 

Proposai for a 

amending, for the 2nd time, 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.  3760/92  of  20 December 1992 
establishing a Community  system for fisheries  and aquaculture1 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 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 Council 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,  in  order  to  prevent  overfishing  the  Community fisheries for  Atlanto-Scandian 

herring  in area  II and  Horse mackerel  in area II , IV and area Vb, VI, VII, VIIlabde,XII  , 

XIV  should  be  subjected  to  allocation  among  Member  States  so  as  these  fisheries  are 

properly monitored; 

Whereas in accordance with the second sub-paragraph of Article 8(4) of Regulation (EEC) 

No.  3760/92,  the  allocation  shall  assure  relative  stability  of  fishing  activities;  whereas 

relative stability can in this case be represented by the catch over a recent and representative 

period; 

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

1 

2 

O.J. No L 389, of 31.12.1992, p. 1 

O.J. No L 66, of 6.3.1997, p. 1. Regulation  as amended by Regulation (EC) No xxx/97 ( O.J. No L 
XXXofX.X.  1997. p. x 

'J 

HAS ADOPTED THIS REGULATION 

Article 1 

The  annex  to  this  Regulation  shall  replace  the  corresponding  elements  of  the  Annex  to 

Regulation (EC) No 390/97. 

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 

V 

Annex, p. 1 

[Species: 

Herring 
Clupea harengus 

Zone: 1.1 

België / Belgique 
Danmark 
DeutschSand 
Eilada 
Espafta 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 

EC 

T AC 

56 780 (1)(2) 
2 260 (1)(3) 

( 1 ) 

Member States must inform the Commission every tuesday of their landings the preceding. 

week. No fishing may take place before 16 April 1997 

(2) 

Of which no more than 5450 tonnes may be fished in Faroese waters and no more than 

17470 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 

than 13100 tonnes in the Norwegian EEZ. 

950 (1)(4) 
11 050 (1)(5) 

(3) 

Of which no more than 220 tonnes may be fished in Faroese waters and no more than 

700 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 

than 520 tonnes in the Norwegian EEZ. 

15 460 (1)(6) 

290 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 

(4) 

Of which no more than 90 tonnes may be fished in Faroese waters and no more than 

13 990 (1)(7)(9) 
29 510 (1)(8) 

than 220 tonnes in the Norwegian EEZ. 

(5) 

Of which no more than 1060 tonnes may be fished in Faroese waters and no more than 

3400 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 

than 2550 tonnes in the Norwegian EEZ. 

(6) 

Of which no more than 1490 tonnes may be fished in Faroese waters and no more than 

4760 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 

130 000 (1) 

than 3570 tonnes in the Norwegian EEZ. 

1 500 000 (1) 

4300 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 

(7) 

Of which no more than 1350 tonnes may be fished in Faroese waters and no more than 

than 3230 tonnes in the Norwegian EEZ. 

(8) 

Of which no more than 2840 tonnes may be fished in Faroese waters and no more than 

9080 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more 

than 6810 tonnes in the Norwegian EEZ. 

( 9) 

Fishing of this stock is not allowed in Community waters 

Zone: iia(D, IV(1) 

( 1 ) 

Community waters 

(Species: 

Horse mackerel 
Trachurus spp. 

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

EC 

T AC 

90 
37470 
2830 

70 
2180 

6080 

750 
5530 

55000 

60000 

r 

Annex, p. 2 

ISpecies: 

Horse mackerel 
Trachurus spp. 

Zone: Vb (1), VI, VII, Vlllabde, XII, xiv 

(1 ) 

(2) 

Community waters 

May not be fished in the waters under the sovereignty or jurisdiction of Spain and Portugal 

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

EC 

TAC 

26060 (2) 
17590 (2) 

31000 

7850 (2) 
84330 (2) 

98900 (2) 

3000 

24270 (2) 

293000 

300000 

c 

ISSN 0254-1475 

COM(97) 135  final 

DOCUMENTS 

EN 

03  14 

Catalogue number  : CB-CO-97-132-EN-C 

ISBN 92-78-17923-X 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

1