Council Regulation (EC) No 49/1999 of 18 December 1998 fixing, for certain stocks of highly migratory fish, the total allowable catches for 1999, their distribution in quotas to Member States and certain conditions under which they may be fished
Date: 1998-12-18
Institutions: Council of the European Union
Subjects: authorised catch, catch quota, common fisheries policy, fishing area, fishing regulations, sea fish

L  13/54

EN

Official  Journal  of  the  European  Communities

18.1.1999

COUNCIL  REGULATION  (EC)  No  49/1999

of  18  December  1998

fixing,  for  certain  stocks  of  highly  migratory  fish,  the  total  allowable  catches  for  1999,  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  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  has  been  approved  on  behalf  of  the
Community (2);  whereas,  in  the  framework  of  its  wider
international  obligations,  the  Community  participates  in
efforts  arising  in  international  waters  to  conserve  fish
stocks;

for 
(ICCAT);  whereas 

Whereas  the  Community  is  a  Contracting  Party  to  the
the  Conservation  of
International  Commission 
ICCAT  has
Atlantic  Tunas 
recommended  the  setting  of  catch  limitations  for  bluefin
tuna  in  the  Atlantic  and  the  Mediterranean  and  for
whereas 
swordfish 
those
the  Community;
recommendations  are  binding  on 
to
for 
whereas 
implement  those  recommendations;

the  Community 

is  appropriate 

Atlantic; 

the 

in 

it 

Whereas  for  1999  an  ad  hoc  distribution  among  the
Member  States  should  be  made  in  view  of  the  special
circumstances  due  to  the  Community’s  accession  to
ICCAT;

Whereas,  to  ensure  efficient  management  of  this  TAC
and  apply  the  ICCAT  recommendations,  the  specific
terms and conditions on which fishing may be carried out
under  it  should  be  laid  down;

Whereas,  in  accordance  with  Article  40  of  Council
Regulation  (EEC)  No  2847/93  of  12  October  1993
establishing  a  control  system  applicable  to  the  common
fisheries policy (3), the Member States are exempted from
the obligations under Articles 6 and 8 of that Regulation
(log books and related provisions) with respect to fishing
activities  in  the  Mediterranean;  whereas  it  is  therefore
essential,  for  the  implementation  of  this  Regulation,  to
set  rules  on  the  recording  and  notification  of  catches
during  such  fishing  activities;

Whereas  ICCAT  has  laid  down  a  system  of  deductions
for  quantities  overfished  which  differs  from  the  system
laid  down  in  Council  Regulation  (EC)  No  847/96  of  6
May  1996 
for
year-to-year  management  of  TACs  and  quotas (4);
whereas 
is  therefore  necessary  to  rule  out  the
application  of  Article  5(2)  of  that  Regulation;

introducing  additional 

conditions 

it 

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

Whereas,  under  Article  8(4)  of  Regulation  (EEC)  No
3760/92,  it  is  the  task  of  the  Council  to  establish  the
total  allowable  catches  (TACs)  by  stock  or  group  of
stocks,  the  share  available  to  the  Community  and  the
terms  on  which  catches  may  be  made,  and  to  divide  up
the  share  available  to  the  Community  among  the
Member  States;

HAS  ADOPTED  THIS  REGULATION:

Article  1

Whereas  the  percentage  shares  of  the  Member  States  in
catches  from  the  Eastern  Atlantic  and  Mediterranean
stocks  for  bluefin  tuna  should  be  set;

This  Regulation  fixes,  for  certain  stocks  of  highly
migratory  fish,  the  total  allowable  catches  (TACs)  for

(1)  OJ  L  389,  31.12.1992,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  1181/98  (OJ  L  164,  9.6.1998,  p.  1).

(2)  OJ  L  179,  23.  6.1998,  p.  1.

(3)  OJ  L  261,  20.10.1993,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  2635/97  (OJ  L  356,  31.12.1997,
p.  14).

(4)  OJ  L  115,  9.  5.1996,  p.  3.

18.1.1999

EN

Official  Journal  of  the  European  Communities

L  13/55

each  stock,  the  share  of  these  catches  available  to  the
Community,  the  allocation  of  that  share  among  Member
States  in  the  form  of  quotas  for  fish,  and  the  specific
terms  and  conditions  on  which  these  stocks  may  be
fished.

hereto  which  have  been  landed  or  transhipped  by
vessels flying their flag or registered on their territory,
and  the  total  quantities  landed  in  their  ports  by
vessels  flying  the  flag  of  other  Member  States  or
registered  in  them,

Article  2

1. The percentages allocated to Member States from the
share  available  to  the  Community  of  bluefin  tuna  stocks
in the Eastern Atlantic and the Mediterranean shall be as
follows:

—  France:

—  Greece:

—  Italy:

—  Portugal:

—  Spain:

33,89 %,

1,77 %,

26,75 %,

3,23 %,

34,35 %.

2. However,  the  TACs,  Community  shares,  quotas  and
specific  conditions  for  bluefin  tuna  and  swordfish  for
1999  shall  be  set  out  in  the  Annex  hereto.

Article  3

By  way  of  derogation  from  Article  3a  of  Council
Regulation  (EC)  No  1626/94  of  27  June  1994  laying
down  certain  technical  measures  for  the  conservation  of
fishery  resources  in  the  Mediterranean (1),  the  taking  of
bluefin  tuna  with  an  encircling  net  shall  be  prohibited
between  1  and  31  May  in  the  Adriatic  and  between  16
July  and  15  August  in  the  rest  of  the  Mediterranean.

By way of derogation from Annex IV to Regulation (EC)
No  1626/94,  it  shall  be  prohibited  to  retain  on  board,
tranship,  land,  transport,  store,  sell,  display  or  otherwise
put up for sale individual bluefin tuna of less than 3,2 kg
in  weight.

Article  4

In  the  case  of  fishing  operations  which,  under  Article  40
of Regulation (EEC) No 2847/93, are not covered by the
in  Articles  6  and  8  of  that
requirements  set  out 
Regulation,  Member  States  shall:

—  introduce  systems  for  recording  and  sampling  which
will make it possible to estimate each month the total
quantity  of  fish  of  the  stocks  listed  in  the  Annex

(1)  OJ  L  171,  6.7.1994,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  782/98  (OJ  L  113,  15.4.1998,  p.  6).

—  report  to  the  Commission  by  the  15th  of  every
month,  in  respect  of  the  stocks  listed  in  the  Annex
hereto,  the  total  quantities  landed  or  transhipped
during  the  previous  month  by  vessels  flying  their  flag
or registered on their territory and the total quantities
landed in their ports by vessels flying the flag of other
Member  States  or  registered  in  them.

Article  5

The allocation of the quotas of fish referred to in Article
1  among  the  Member  States  shall  be  without  prejudice
to:

—  exchanges  made  under  Article  9(1)  of  Regulation

(EEC)  No  3760/92,

—  re-allocations  made  under  Articles  21(4),  23(1)  and

32(2)  of  Regulation  (EEC)  No  2847/93,

—  additional  landings  permitted  under  Article  3  of

Regulation  (EC)  No  847/96,

—  quantities  withheld  in  accordance  with  Article  4  of

Regulation  (EC)  No  847/96,

—  deductions  made  under  Article  5(1)  of  Regulation

(EC)  No  847/96.

Article  6

1. The  TACs  for  bluefin  tuna  and  swordfish  shall  be
considered  as  analytical  for  the  purposes  of  Regulation
(EC)  No  847/96.

2. The  fishing  quotas  set  out  in  the  Annex  hereto  shall
not be subject to the conditions laid down in Article 5(2)
of  Regulation  (EC)  No  847/96.

Article  7

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

It  shall  apply  with  effect  from  1  January  1999.

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Official  Journal  of  the  European  Communities

18.1.1999

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

Done  at  Brussels,  18  December  1998.

For  the  Council

The  President

W.  MOLTERER

18.1.1999

EN

Official  Journal  of  the  European  Communities

L  13/57

TACs  by  stock  and  area  for  1999  and  the  allocation  among  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,  and

Mediterranean

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

Italy  and  Portugal,  and  only  as  by-catch.

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

126
5 555
6 413

3 463

519

60 (1)

16 136

32 000

Species: Swordfish

Xiphias gladius

Zone: Atlantic  Ocean,  north  of  latitude  5°N

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

and  only  as  by-catch.

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

4 413,75

802,50

60
5 276,25

(1)

10 700

L  13/58

EN

Official  Journal  of  the  European  Communities

18.1.1999

Species: Swordfish

Xiphias gladius

Zone: Atlantic  Ocean,  south  of  latitude  5°N

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

5 848

385

6 233

14 620