CELEX: 51997PC0713
Language: en
Date: 1997-12-15
Title: Proposal for a Council Regulation (EC) 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 the North-East Atlantic

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                                   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                    Brussels, 15.12.1997
                                                                    COM(97) 713 final
                                                     Proposal for a
                                           COUNCIL REGULATION (EC)
                laying down for 1998 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
.tâi
                                            (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                    EXPLANATORY MEMORANDUM
 At its Annual Meeting from 19 to 21 November 1997, the North-East Atlantic Fisheries
 Commission (NEAFC) has adopted a recommendation of conservation and management
 measures for oceanic-type redfish for 1998. 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 1998.
 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 1998.
 As these recommendations have been adopted with the full support of the Community, they
 have to be implemented by the Community.
d:\data\winword\neafc\regs-98\sn.doc
 ---pagebreak---                                                Proposal for a
                              COUNCIL REGULATION (EC) No                     /98
                                               of         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
                                   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 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;
Whereas the Convention on Multilateral Co-operation in the North-East Atlantic, hereafter
referred to as the "NEAFC Convention", was approved by the Council in Decision
81/608/EEC of 13 July 19812 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;
Whereas the North-East Atlantic Fisheries Commission adopted on 21 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 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
          O.J. No. L 389, 31.12.1992, p. 1 Regulation as amended by the 1994 Act of Accession
         .O.J. No. L227, 12.8.1981, p. 21
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                                                         2,
 ---pagebreak--- (EEC) No 2847/933, certain specific control measures are to be defined concerning the
authorisation 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 conditions for year-to-year
management of TACs and quotas ,
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
          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 1998 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.
                                               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).
          OJNoL261, 20.10.1993, p. 1
          OJNoL 115, 9.5.1996, p. 3
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                                                       H-
 ---pagebreak---                                              Article 4
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
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 entirely and directly applicable in all Member
           States.
           Done at Brussels,         1997
                                                                                   For the Council
                                                                                     The President
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                                                       0
 ---pagebreak---                                                       ANNEX
                            Stock                               Member State                    1998 quota
                                                                                                  (tonnes)
            Species               Geographical area
    Redfish                      ICES XIV/XII/V (2)         Austria
    (Sebastes mentella,                                     Belgium
    oceanic-type)(1)                                        Denmark
                                                            Finland
                                                            Germany                                        18,220
                                                            Greece
                                                            France                                           1,700
                                                            Ireland                                              4
                                                            Italy
                                                            Luxembourg
                                                            the Netherlands                                      8
                                                            Portugal                                        3,824
                                                            Spain                                           3,200
                                                            Sweden
                                                            the United Kingdom                                  44
                                                            EC total                                    27,000 (3)
           Fished with pelagic trawls, excluding discards but including the fish above as well as below the acoustic
           layer
(2)
           Community fishing waters and areas beyondfisheriesjurisdiction of the other coastal States
(3)
           Includes a transfer of 4,000 tonnes from Denmark (on behalf of the Faroe Islands and Greenland)
:\data\winword\neafc\regs-98\en.do ; :
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           •COM(97) 713 final
                                              DOCUMENTS
EN                                                                    03   11
                                     Catalogue number : CB-CO-97-733-EN-C
                                                             ISBN 92-78-29701-1
Office for Official Publications of the European Communities
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