Proposal for a Council Regulation (EC) fixing, for certain stocks of highly migratory fish, the total allowable catches for 1998, their distribution in quotas to Member States and certain conditions under which they may be fished
Date: 1997-11-14
Institutions: European Commission
Subjects: EU Member State, authorised catch, catch quota, conservation of resources, fishery management

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  14.11.1997 
COM(97) 598  final 

Proposal  for a 

COUNCIL REGULATION  (EQ 

fixing, for certain stocks of highly migratory fish, 
the total allowable catches for 1998, 
their distribution in quotas to Member States 
and certain conditions under which they may be fished 

(presented  by the  Commission) 

EXPLANATORY MEMORANDUM 

The International  Commission for the Conservation of Atlantic Tunas (ICCAT) is the 
body in charge  of coordinating  action to  manage fisheries of large pelagic fish in the 
Atlantic and Mediterranean.  Their decisions are based on scientific  advice provided by 
a committee (Standing Committee for Research and Statistics) in which scientists of all 
contracting parties participe together with other experts chosen as observers. 

The European  Community is not  a Contracting Party to  ICCAT. However,  it  applied 
officially  for membership and it is well possible that the Community can be admitted as 
Member  of the Commission in the very near future.  France,  Spain,  Italy and Portugal 
are  Members.  As  the  conservation  of  marine  ressources  belongs  to  the  exclusive 
Community  competence,  the  Community  is bound  to  collaborate  with  ICCAT  in the 
management of these highly migratory stocks, in order to allow the Member  States to 
fulfill  their international obligations in Community waters. 

In the  case  of blue fin tuna  of the eastern  Atlantic  ocean  and the Mediterranean,  the 
stock is in a very depressed  state, requiring immediate management  action.  The  stock 
of  swordfish;  although  less  worrying,  indicates  also  the  need  to  establish  serious 
restrictive  measures.  ICCAT  has  therefore  issued  a  series  of  recommendations 
concerning technical  conservation  measures and  limitations  of the  exploitation  rate in 
the form offish  quotas. 

While the technical conservation measures have already or are been implemented in the 
respective  legal  frameworks  (Council  Regulations  (EC)  No  1626/94 * and  (EC)  No 
894/972), the limitations of the exploitation rate require the setting up of catch limits in 
the form offish  quotas as stipulated by ICCAT. 

It  is proposed  that  these  quotas,  which  arc also  applicable  in the high  seas  and  dealt 
with  in the  framework  of ICCAT,  form  part  of  a  specific  regulationdistinct  from  the 
genera! TAC regulation. 

Given  that  Mediterranean  fishermen  are  not  subject  to  the  obligation  to  have  a 
logbook,  it  is  imperative  that  Member  States  with  a Mediterranean  façade  reinforce 
their  statistical  systems  in  order  to  be  able  to  fulfil  the  obligation  to  register  and 
communicate  their  landings  to  the  Commission.  Provisions  to  that  effect  are  also 
proposed in this regulation. 

Finally, ICCAT has recommended  a certain inter-annual flexibility in the  consumption 
of swordfish  quotas, similar to the one foreseen  in Articles 3 and 4 of regulation  (EC) 
No  847/96. It  is proposed  that  the  conditions  of that  regulation  be  applicable to  the 
stock  of swordfish.  Moreover,  given the poor  state  of the  stocks, it is also  proposed 
that the penalty coefficients  foreseen  in Article  5(2) of regulation  (EC) No  847/96 be 
applicable both to blue fin tuna and swordfish stocks. 

O J.  No L171, 6.07.94,  p.  1. Regulation as amended by Regulation (EC) No  1075/96(0. 
J. No L  142,  15.06.1996,'p.  1) 
O.J.  No L  132, 23.05.1997, p. 1 

COUNCIL REGULATION (EC) No. 

/97 

of 

fixing, for certain stocks of highly migratory fish, 
the total allowable catches for 1998, 
their distribution in quotas to Member States 
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 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,  in  accordance  with Article 4, to establish  the total  allowable  catches 

(TAC) by fishery or group of fisheries; 

Whereas the  Community  has  signed the United Nations  Convention  on the  Law  of the 

Sea, which contains principles and rules relating to the conservation  and management of 

the  living  resources  of  the  sea;  whereas,  in  the framework of  its  wider  international 

obligations,  the  Community  participates  in  efforts  arising  in  international  waters  to 

conserve fish stocks; 

Whereas the  International  Commission for the Conservation of Atlantic Tunas  (ICCAT) 

has recommended  the  setting  of catch limitations for  blue fin tuna in the  Mediterranean 

and in the Atlantic and for swordfish in the Atlantic; whereas those recommendatrions are 

binding upon some Member States member of that Commission; whereas, in view of the 

exclusive  Community  competence  for  the  conservation  of living  marine resources  it is 

appropriate for the Community to implement those recommendations; 

1 

O.J. No L389, 31.12.1992, p.l, Regulation as amended by the Act of Accession of Austria, Sweden 
and Finland 

1<\ 

whereas fishing opportunities should be allocated to Member States in accordance with the 

second subparagraph of Article 8(4); 

Whereas, in accordance with the provisions laid down in Article 2 of Council  Regulation 

(EC) No 847/96, introducing additional conditions for year-to-year management of TACs 

and quotas  , it is necessary  to indicate which stocks are subject  to the various measures 

fixed therein; 

Whereas, in order to ensure effective  management of these TACs, the specific  conditions 

under which fishing operations occur should be established; 

Whereas,  in  accordance  with  Article  40  of  Council  Regulation  (EC)  No  2847/93, 

establishing a control system applicable to the common fisheries policy  , Member States 

are  exempted  from  the  obligations  stipulated  in  Articles  6,  8  and  19  of  the  same 

regulation (logbook and related provisions) as far as it concerns fishing operations in the 

Mediterranean;  whereas  it becomes therefore  imperative  that,  in order  to  comply  with 

the present  regulation, rules on catch registration  and notification  should  be set out  for 

these fishing operations; 

HAS ADOPTED THIS REGULATION: 

Article 1 

This  Regulation fixes, for  certain  stocks of highly migratory fish, total  allowable catches 

(TACs) per stock, the share of these catches available to the Community, the allocation of 

that  share  among  Member  States in the  form  of fish quotas  and the  specific  conditions 

under which these stocks may be fished. 

TACs,  Community  shares,  quotas  and  specific  fishing  conditions  are  hereby  fixed  for 

1998 as set out in Annex I 

3 

OJ No LI  15, 9.5.1996, p. 3 
O. J.  No L 261,  20.10.93, p.  1. Regulation as amended by Regulation (EC) No 2489/96 (O. J. 
No L 338, 28.12.1996, p. 12) 

Aûicie_2 

The allocation  of fish quotas mentioned in Article  1 among the Member  States shall be 

without prejudice to: 

exchanges made pursuant to Article 9(1) of Regulation (EEC) No. 3760/92 

re-allocations  made  pursuant  to  Articles  21(4),  23(1)  and  32(2)  of  Regulation 

(EEC) No. 2847/93, 

additional  landings allowed under the stipulations of Article 3 of Regulation (EC) 

No 847/96, 

quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96. 

AnkkJ. 

Member  States  shall,  for  fishing  operations  which,  in  accordance  with  Article  40  of 

Council  Regulation  (EC) No  2847/93, are exempted  from  the obligations  stipulated  in 

Articles 6, 8 and  19 of the same regulation: 

•  establish  registering  and  sampling  systems  appropriate  to  accurately  estimate,  on  a 

monthly  basis, the  total  landings  and  transhipments  of the  stocks  mentioned  in  the 

annex by vessels flying  their flag or registered in their territory, and total landings in 

their harbours by vessels flying the flag or registred in another Member State. 

•  for  the  stocks mentioned  in the annex, communicate  to the Commission,  before  the 

15th  of  each  month,  the  quantities  landed  or  transshipped  during  the  preceeding 

month by  .vessels flying  their  flag  or registered  in their territory,  and the  quantities 

landed  in  their  harbours  by  vessels  flying  the  flag  or  registred  in  another  Member 

State. 

Atiteki 

TACs for blue fin tuna and swordfish are considered as analytical for the effects of 

Regulation (EC) No 847/96. 

The provisions set out in Articles 3 and 4 of the same regulation shall not apply to the 

stock of blue fin tuna. 

fhe  provisions of Article 5(2) of the same regulation shall apply to the stocks of bluefin 

tuna and  swordfish. 

Aûkki 

This  Regulation  shall enter into force  on seventh day after  the day of its publication in 

the Official  Journal of the European Communities. 

It shall apply with effect  from  1  January 1998. 

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

States. 

Done at Brussels, 1997 

For the Council 

The President 

ANNEX 
TACs by stock and by area for 1996 and the allocation among the Member States of the share available to the Community 
(in tonnes live weight, except where otherwise specified). 

(Species: 

Blue fin tuna 
Thunnusthynnus 

Z o n e:  Atlantic ocean, east of longitude 45° W 

( 1 ) 

Available to all Member States except Greece, Spain, France and Portugal 

Belgiê / Belgique 
Danmark 
Deutschland 
Ellada 
EspaAa 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdom 

EC 

TAC 

3 
3809 
400 

180 

100 (1) 

4 492 

pm 

ISpecies: 

Blue fin tuna 
Thunnusthynnus 

Z o n e:  Mediterranean Sea 

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

EC 

TAC 

272 
2 033 
4850 

4145 

321 

11621 

pm 

! Species: 

Swordfish 
Xiphias gladius 

Z o n e:  Atlantic ocean, north of latitude 5° N 

(1 ) 

Available to all Member States except Spain and Portugal 

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

EC 

TAC 

4 537.5 

825 

100 (1) 

5 462.5 

11 000 

ISSN 0254-1475 

COM(97) 598 final 

DOCUMENTS 

EN 

03  07  10  08 

Catalogue number  : CB-CO-97-613-EN-C 

ISBN 92-78-27539-5 

Office  for Official  Publications of the European Communities 

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