Council Regulation (EC) No 63/98 of 19 December 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 Cooperation in North-East Atlantic Fisheries
Date: 1997-12-19
Institutions: Council of the European Union
Subjects: Atlantic Ocean, EU Member State, catch quota, fishery management, fishing area, international cooperation

L  12/136

EN

Official  Journal  of  the  European  Communities

19.  1.  98

COUNCIL  REGULATION  (EC)  No  63/98

of  19  December  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
Cooperation  in  North-East  Atlantic  Fisheries

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

and  to  allocate  the  share  available  to  the  Community
among  the  Member  States;

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), 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;

in 

the  Convention  on 

future  multilateral
Whereas 
cooperation 
fisheries,
hereinafter  referred  to  as  the  ‘NEAFC  Convention’,  was
approved  by  the  Council  in  Decision  81/608/EEC  of  13
July  1981 (2)  and  entered  into  force  on  17  March  1982;

the  North-East  Atlantic 

Whereas  the  NEAFC  Convention  establishes  a  suitable
framework  for  multilateral  cooperation  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  22  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

Whereas 
in  order  to  ensure  full  compliance  with
applicable  conservation  and  management  measures  while
supplementing  the  control  measures  provided  for  in
Council  Regulation  (EEC)  No  2847/93  of  12  October
1993  establishing  a  control  system  applicable  to  the
common  fisheries  policy (3),  certain  specific  control
measures  are  to  be  defined  concerning  the  authorization
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 
for  year-to-year
conditions 
management  of  TACs  and  quotas (4);

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

1. Member  States  shall  notify  to  the  Commission  a  list
of  the  vessels  flying  their  flag  and  registered  within  the
fish
Community  which  are  granted 
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

the  right 

to 

(1)  OJ L 389, 31. 12. 1992, p. 1. Regulation as amended by the

1994  Act  of  Accession.

(2)  OJ  L  227,  12.  8.  1981,  p.  21.

(3)  OJ L 261, 20. 10. 1993, p. 1. Regulation as last amended by
Regulation  (EC)  No  2205/97  (OJ  L  304,  7.  11.  1997,  p.
1).

(4)  OJ  L  115,  9.  5.  1996,  p.  3.

19.  1.  98

EN

Official  Journal  of  the  European  Communities

L  12/137

vessel’s  activity.  Only  the  vessels  named  in  this  list  shall
be  deemed  to  be  authorized  to  fish  oceanic-type  redfish.

Article  4

2. 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.

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

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).

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  entirety  and  directly  applicable  in  all  Member
States.

Done  at  Brussels,  19  December  1997.

For  the  Council

The  President

F.  BODEN

ANNEX

Stock

Species

Geographical area

Member  State

1996  quota
(tonnes)

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

ICES  XIV/XII/V (2)

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

EC  total

18 220

1 700
4

8
3 824
3 200

44

27 000 (3)

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