Council Regulation (EC) No 65/98 of 19 December 1997 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: 1997-12-19
Institutions: Council of the European Union
Subjects: EU Member State, authorised catch, catch quota, fishery management, fishing area, fishing regulations

19.  1.  98

EN

Official  Journal  of  the  European  Communities

L  12/145

COUNCIL  REGULATION  (EC)  No  65/98

of  19  December  1997

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  aquaculture (1)  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;

year-to-year  management  of  TACs  and  quotas (2),  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  of  12  October  1993,
establishing  a  control  system  applicable  to  the  common
fisheries policy (3), Member States are exempted from the
obligations  stipulated  in  Articles  6,  8  and  19  of  that
Regulation  (logbook  and  related  provisions)  as  far  as
they  concern  fishing  operations  in  the  Mediterranean;
whereas it becomes therefore imperative that, in order to
comply  with  this  Regulation,  rules  on  catch  registration
and  notification  should  be  set  out  for  those  fishing
operations;

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
international  waters  to  conserve  fish  stocks;

in  efforts  arising 

Whereas the figures for catches of bluefin tuna by certain
Member States may be revised by ICCAT on the basis of
new  estimates  to  be  supplied  by  those  Member  States;
whereas  it  is  therefore  appropriate  to  authorize  the
Commission  to  adjust  the  quotas  allocated  for  bluefin
tuna  on  a  provisional  basis  under  certain  conditions,

in 

the 

for 
(ICCAT) 

the
International  Commission 
Whereas 
Conservation 
has
of  Atlantic  Tunas 
recommended  the  setting  of  catch  limitations  for  bluefin
tuna  in  the  Mediterranean  and  in  the  Atlantic  and  for
swordfish 
those
recommendations  are  binding  upon  some  Member  States
which are members of that Commission; whereas, in view
of 
the
conservation  of  living  marine  resources  it  is  appropriate
those
the 
for 
recommendations;

the  exclusive  Community  competence 

Community 

implement 

Atlantic; 

whereas 

the 

for 

to 

Whereas  fishing  opportunities  should  be  allocated  to
Member  States  in  accordance  with  Article  8(4)(ii);

Whereas, in accordance with the provisions laid down in
Article  2  of  Council  Regulation  (EC)  No  847/96  of  6
for
May  1996, 

introducing  additional  conditions 

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

1994  Act  of  Accession.

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  the
Annex.

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

L  12/146

EN

Official  Journal  of  the  European  Communities

19.  1.  98

The  Commission  will  negotiate  within  ICCAT  the
revision  of  catch  figures  for  Member  States  in  order  to
allow  for  the  later  adjustment  of  such  Member  States’
quotas  of  bluefin  tuna.  Once  agreed  within  ICCAT,  the
Commission  will  promptly  adapt  such  quotas  in  the
present  Regulation.

—  establish registering and sampling systems appropriate
to  accurately  estimate,  on  a  monthly  basis,  the  total
landings  and  transhipments  of  the  stocks  indicated  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 registered in another Member
State.

The  Commission  will  seek  further  clarification  from
ICCAT  as  to  whether  the  catch  limits  for  bluefin  tuna
established  by  ICCAT  apply  jointly  or  separately  to  the
East  Atlantic  and  the  Mediterranean.  If  necessary  after
such consultations, the Commission will promptly modify
the  present  Regulation  to  take  into  account  ICCAT
decisions  on  this  matter.

—  for  the  stocks  indicated  in  the  Annex,  communicate
to  the  Commission,  before  the  15th  of  each  month,
the  quantities 
landed  or  transhipped  during  the
preceding  month  by  vessels  flying  their  flag  or
registered  in  their  territory,  and  the  quantities  landed
in  their  harbours  by  vessels  flying  the  flag  or
registered  in  another  Member  State.

Article  2

Article  4

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,

TACs  for  blue  fin  tuna  and  swordfish  are  considered  as
analytical  for  the  effects  of  Regulation  (EC)  No  847/96.

Articles 3 and 4 of that Regulation shall not apply to the
stock  of  blue  fin  tuna.

—  additional  landings  allowed  under  the  stipulations  of

Article  3  of  Regulation  (EC)  No  847/96,

Article  5(2)  of  that  Regulation  shall  apply  to  the  stocks
of  blue  fin  tuna  and  swordfish.

—  quantities  withheld  in  accordance  with  Article  4  of

Regulation  (EC)  No  847/96.

Article  5

Article  3

Member  States  shall,  for  fishing  operations  which,  in
accordance  with  Article  40  of  Regulation  (EC)  No
2847/93, are exempted from the obligations stipulated in
Articles  6,  8  and  19  of  that  Regulation:

This Regulation shall enter into force on the 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,  19  December  1997.

For  the  Council

The  President

F.  BODEN

19.  1.  98

EN

Official  Journal  of  the  European  Communities

L  12/147

TACs by stock and by area for 1998 and the allocation among the Member States of the share available to
the  Community  (in  tonnes  live  weight,  except  where  otherwise  specified)

ANNEX

Species: Bluefin  tuna

Thunnus  thynnus

Zone: Atlantic  ocean,  east  of  longitude  45°  W

(1)  Available to all Member States except Greece, Spain, France

and  Portugal  solely  as  by-catches

België/Belgique
Danmark
Deutschland
Ελλ(cid:192)(cid:228)Æ
España
France
Ireland
Italia
Luxembourg
Nederland
Österreich
Portugal
Suomi/Finland
Sverige
United  Kingdom

EC

TAC

3
3 809
400

180

60 (1)

4 452

pm

Species: Bluefin  tuna

Thunnus  thynnus

Zone: Mediterranean Sea

België/Belgique
Danmark
Deutschland
Ελλ(cid:192)(cid:228)Æ
España
France
Ireland
Italia
Luxembourg
Nederland
Österreich
Portugal
Suomi/Finland
Sverige
United  Kingdom

EC

TAC

272
2 033
4 850

4 145

321

11 621

pm

L  12/148

EN

Official  Journal  of  the  European  Communities

19.  1.  98

Zone: Atlantic  ocean,  north  of  latitude  5°  N

(1)  Available  to  all  Member  States  except  Spain  and  Portugal

solely  as  by-catches

Species: Swordfish

Xiphias gladius

België/Belgique
Danmark
Deutschland
Ελλ(cid:192)(cid:228)Æ
España
France
Ireland
Italia
Luxembourg
Nederland
Österreich
Portugal
Suomi/Finland
Sverige
United  Kingdom

EC

TAC

4 537,5

825

60 (1)

5 422,5

11 000