Council Regulation (EC) No 1181/98 of 4 June 1998 amending Regulation (EEC) No 3760/92 establishing a Community system for fisheries and aquaculture
Date: 1998-06-04
Institutions: Council of the European Union
Subjects: aquaculture, authorised catch, catch quota, common fisheries policy, fishing area, fishing regulations

9. 6. 98

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EN

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Official Journal of the European Communities

L 164/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1181/98

of 4 June 1998

amending Regulation (EEC) No 3760/92 establishing a Community system for
fisheries and aquaculture

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community, and in particular Article 43 thereof,

Article 1

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas Article 8 of Regulation (EEC) No 3760/92 of
20 December 1992 establishing a Community system for
fisheries and aquaculture (4), lays down that the Council is
to determine for each fishery or group of fisheries the
total allowable catch and to allocate a total allowable
fishing effort
for these fisheries between the Member
States; whereas that Article does not provide for the exer-
cise of powers by the Council as regards allocating catches
in Community waters to vessels of third countries auth-
orised to fish in those waters; whereas powers to establish
the fishing opportunities for allocation to third countries
and to set the technical conditions under which catches
must be made should accordingly be conferred;

Whereas the temporary technical conservation measures
associated with the conditions under which the quotas
can be fished may be adopted using the same procedure
as that
laid down for establishing the total allowable
catch,

(1) OJ C 316, 25. 10. 1996, p. 13.
(2) OJ C 286, 22. 9. 1997, p. 37.
(3) OJ C 89, 19. 3. 1997, p. 23.
(4) OJ L 389, 31. 12. 1992, p. 1. Regulation as amended by the

1994 Act of Accession

Regulation (EEC) No 3760/92 is hereby amended as
follows:

1. Article 8(2) shall be replaced by the following:

‘2. Where restrictions must be placed on the ex-
ploitation rates of fishery within or outside Commun-
ity fishing waters for Community vessels, or within
Community fishing waters for vessels flying the flag of
a third country, they shall be fixed in accordance with
paragraphs 3 and 4.’

2. in Article 8(4):

(a) point (i) shall be replaced by:

‘(i) shall determine for each fishery or group of
fisheries, on a case-by-case basis, the total allow-
able catch together with the conditions linked
to these restrictions of catches and/or the total
allowable fishing effort, where appropriate on a
multiannual basis. They shall be based on the
management objectives and strategies where
they have been established in accordance with
paragraph 3;’

(b) the following point shall be added:

‘(vi) shall establish the fishing opportunities to be
allocated to third countries and the specific
conditions under which catches must be
made.’

Article 2

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of
the European Communities.

L 164/2

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Official Journal of the European Communities

9. 6. 98

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

Done at Luxembourg, 4 June 1998.

For the Council

The President

D. BLUNKETT