Proposal for a Council Regulation (EC) laying down for 1998 certain conservation and management measures for fishery resources in the convention area as defined in the Convention on Future Multilateral Cooperation in the North-East Atlantic
Date: 1997-12-15
Institutions: European Commission
Subjects: Atlantic Ocean, EU Member State, authorised catch, conservation of fish stocks, fishery management

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  15.12.1997 
COM(97) 713  final 

Proposal for a 

COUNCIL REGULATION (EC) 

laying down for  1998 certain conservation and management measures for fishery resources 
in the Convention Area as defined  in the Convention on Future Multilateral 
Co-operation in the North-East Atlantic 

.tâi 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

At  its  Annual  Meeting  from  19  to  21  November  1997,  the  North-East  Atlantic  Fisheries 
Commission  (NEAFC)  has  adopted  a  recommendation  of  conservation  and  management 
measures for  oceanic-type redfish  for  1998. That recommendation was adopted by a  qualified 
majority  of the Contracting Parties of NEAFC, including the Community. 

The  recommended  measures  consist  of  a  total  allowable  catch  (TAC)  of  153,000  tonnes 
which  covers  oceanic-type  redfish  in  its  entire  area  of  distribution  and  which  is  allocated 
among  the  Contracting  Parties  concerned.  Within  this  TAC,  a  share  of  23,000  tonnes  has 
become  available to the Community.  Furthermore,  Denmark  (on behalf  of the Faroe  Islands 
and  Greenland)  committed  itself  to  transfer  to  the  Community  a  further  4,000  tonnes.  This 
results in a total 27,000 tonnes of oceanic-type redfish  available to the Community  in 1998. 

Furthermore,  NEAFC  continued  a  recommendation 
introducing  provisional  minimum 
notification  and  reporting  requirements  for  both oceanic-type  redfish  and  Norwegian  spring-
spawning herring (Atlanto-Scandian herring) for 1998. 

As these  recommendations  have been adopted  with the full  support  of  the  Community,  they 
have to be implemented by the Community. 

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Proposal  for a 

COUNCIL REGULATION  (EC) No 

/98 

of 

1997 

laying down for  1998 certain conservation and management measures for fishery resources 
in the Convention Area as defined  in the Convention on Future  Multilateral 

Co-operation  in the North-East Atlantic 

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 estbalishing 
a Community  system for  fisheries  and aquaculture1, and in particular Article 8 (4) thereof, 

Having regard to the proposal from  the Commission, 

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 within the exclusive economic zones of the coastal States and on the high seas; 

Whereas  the  Convention  on  Multilateral  Co-operation  in  the  North-East  Atlantic,  hereafter 
referred  to  as  the  "NEAFC  Convention",  was  approved  by  the  Council  in  Decision 
81/608/EEC of  13 July  19812 and entered into force on  17 March 1982; 

Whereas  the  NEAFC  Convention  establishes  a  suitable  framework  for  multilateral  co 
operation  in the  rational  conservation  and the optimum utilization  of the fishery  resources  of 
the Convention Area as defined  therein; 

Whereas  the  North-East  Atlantic  Fisheries  Commission  adopted  on  21  November  1997 
recommendations  limiting  the  catches  of  redfish  in  the  Convention  Area  and  introducing 
minimum  notification  and  reporting  requirements  for  catches  of  redfish  and  Norwegian 
spring-spawning  (Atlanto-Scandian  herring)  for  1998;  whereas  it  is  appropriate  that  these 
recommendations be implemented by the Community; 

Whereas,  in  accordance  with  Article  8  of  Regulation  (EEC)  No.  3760/92,  it  falls  to  the 
Council to establish for each fishery  or group of fisheries  the total allowable catch (TAC) and 
the  share  available  to  the  Community  and  to  allocate  the  share  available  to  the  Community 
among the Member States; 

Whereas  in  order  to  ensure  full  compliance  with  applicable  conservation  and  management 
measures  while  supplementing  the  control  measures  provided  for  in  Council  Regulation 

O.J.  No.  L 389,  31.12.1992, p.  1 Regulation as amended by the  1994 Act of  Accession 
.O.J.  No.  L227,  12.8.1981, p. 21 

d:\data\winword\neafc\regs-98\en.doc 

2, 

(EEC)  No  2847/933,  certain  specific  control  measures  are  to  be  defined  concerning  the 
authorisation of fishing  vessels, their notification  and the declaration of catches; 

Whereas the relevant TAC and quotas have been established  on an annual basis and may not 
be exceeded and,  therefore,  they  may  not be  subject  to the provisions  of Council  Regulation 
(EC)  No  847/96  of  6  May  1996  introducing  additional  conditions  for  year-to-year 
management of TACs and quotas  , 

Whereas,  for  imperative  reasons  of  common  interest,  this  Regulation  will  apply  from  1 
January  1998. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Catches in 1998 of redfish by Community fishing  vessels shall be limited to the quotas set out 
in the Annex. 

Article 2 

Member States shall notify  to the Commission a list of the vessels flying their flag and 
registered  within  the  Community  which  are  granted  the  right  to  fish  oceanic-type 
redfish  no  later  than  20  January  1998  and  thereafter  any  modification,  including 
additions  to the  list  at  least  30 days  in advance of the commencement  of  the  vessel's 
activity.  Only  the vessels  named  in this list  shall be deemed  to be authorized  to fish 
oceanic-type  redfish. 

Member  States  shall  report  to the Commission  every  Wednesday  before  12 noon  for 
the week ending at  12 midnight on the previous Sunday both the quantities of oceanic-
type redfish  caught by their  vessels as well as the number of their  vessels engaged  in 
this fishery. 

Article 3 

The provisions  of Article 2 shall apply mutatis mutandis to herring  (Clupea harengus)  which 
is  caught  in  ICES  zones  I  and  II  (Norwegian  spring-spawning  herring  -  Atlanto-Scandian 
herring). 

OJNoL261,  20.10.1993, p. 1 
OJNoL  115, 9.5.1996,  p. 3 

d:\data\winword\neafc\regs-98\en.doc 

H-

Article 4 

Fishing  quotas  set  out  in  the  Annex  shall  not  be  subject  to  the  conditions  laid  down  in 
Articles 2, 3 and 5 (2) of Council Regulation (EC) No 847/96. 

Article 5 

This  regulation  shall  enter  into force  on the day  of  its publication  in the  Official Journal of 
the European  Communities. 

It shall apply from  1  January  1998. 

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

Done at Brussels, 

1997 

For the Council 
The President 

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0 

ANNEX 

Stock 

Member State 

1998 quota 
(tonnes) 

Species 

Geographical area 

Redfish 
(Sebastes mentella, 
oceanic-type)(1) 

ICES XIV/XII/V (2) 

Austria 
Belgium 
Denmark 
Finland 
Germany 
Greece 
France 
Ireland 
Italy 
Luxembourg 
the Netherlands 
Portugal 
Spain 
Sweden 
the United Kingdom 

EC total 

18,220 

1,700 
4 

8 
3,824 
3,200 

44 

27,000 (3) 

Fished with pelagic trawls, excluding discards but including the fish above as well as below the acoustic 
layer 
Community fishing waters and areas beyond fisheries jurisdiction of the other coastal States 
Includes a transfer of 4,000 tonnes from  Denmark (on behalf of the Faroe Islands and Greenland) 

(2) 

(3) 

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ISSN 0254-1475 

•COM(97) 713  final 

DOCUMENTS 

EN 

03  11 

Catalogue  number  :  CB-CO-97-733-EN-C 

ISBN  92-78-29701-1 

Office  for Official  Publications of the European Communities 

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