Proposal for a Council Regulation (EC) laying down for 1999 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
Date: 1998-12-16
Institutions: European Commission
Subjects: North-West Atlantic Fisheries Organisation, conservation of fish stocks, conservation of resources, fishery management, international convention

COMMISSION OF THE EUROPEAN COMMUNITIES 

•*"% 

Brussels,  16.12,1998 
COM(1998)773  final 

Proposal for a 

COUNCIL REGULATION (EC) 

. laying down  for  1999certain 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 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Aï  its  Ar.iu?'  V t o mg  from  1 7 to  20  November  Î998, the North-East  Atlantic  Fisheries  Commission 
(NE AcO  hes  iûcpn:d  f. rsccrrmendation  of  conservation  and management  measures  for  cceanic-type 
redfish  for  1999. 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  1999. 

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  1999. 

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

Proposal for a 

COUNCIL REGULATION (EC) No 

/99 

of 

December  1998 

laying down for  1999certain 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 approved2 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  Future  Multilateral  Co-operation  in  the  North-East  Atlantic  Fisheries, 
hereinafter  referred  to  as  the  "NEAFC  Convention",  was  approved  by  the  Council  in  Decision 
81/608/EEC of 13 July  19813 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; 

the  North-East  Atlantic  Fisheries  Commission  adopted  on  20  November  1998 
Whereas 
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  1999;  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  (EEC) No 2847/93  of 
12 October  1993  establishing  a control  system  applicable  to the  Common  Fisheries  Policy4,  certain 
specific  control  measures  are  to  be  defined  concerning  the  authorisation  of  fishing  vessels,  their 
notification  and the declaration of catches; 

O.J.  No.  L 389, 31.12.1992, p.  1.  Regulation  as last amended by Regulation  (EC)  No.  1181/98 (O.J.  No. 
L  164, 9.6.1998,  p.l). 
O.J. No. L  179, 23.6.1998, p. 1. 
O.J.  No.  L227,  12.8.1981, p. 21. 
OJ  No L 261, 20.10.1993, p.  1.  Regulation  as last amended by Regulation  (EC) 2205/97  (O.J.  No.  L 304, 
7.11.1997,  p.l). 

3 

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  Régulation  (EC)  No 
847/96  of  6  May  1996  introducing  additional  conditions  for  year-to-year  management  of  TACs  and 
quotas5, 

Whereas,  for  imperative reasons of common  interest, this Regulation will apply  from  1 January  1999. 

HAS ADOPTED  THIS  REGULATION: 

Article  I 

Catches  in  1999  of  redfish  by  Community  fishing  vessels  shall  be  limited  to  the  quotas  set  out  in  the 
Annex. 

Article  2 

1. 

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  1999  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. 

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). 

Article  3 

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  4 

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  1999. 

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

Done at Brussels, 

December  1998 

For the Council 
The  President 

5 

OJ  NoL  115, 9.5.1996,  p. 3. 

ANNEX 

Stock 

Member State 

" 

i  -' 

' 

t, 

'»'* 

,, 

J 

*' 

i1 

1999 quota 
(tonnes) 

Species 

Geographical area 

Redfish 
(Sekastes mentclla, 
oceanic-type)0) 

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) 

(2) 

(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) 

vT 

ISSN 0254-1475 

COM(98) 773  final 

DOCUMENTS 

EN 

03  11  07  02 

Catalogue number  :  CB-CO-98-772-EN-C 

Office  for Official  Publications of the European Communities 

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