CELEX: 51996PC0668
Language: en
Date: 1996-12-12
Title: Proposal for a COUNCIL REGULATION (EC) laying down for 1997 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                Brussels, 12.12 1996
                                                COM(96) 668 final
                                 Proposal for a
                       COUNCIL REGULATION (EC)
  laying down for 1997 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
                        (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
At its Annual Meeting from 20 to 22 November 1996, the North-East Atlantic Fisheries
Commission (NEAFC) has adopted a recommendation of conservation and management
measures for oceanic-type redfish for 1997. 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 1997.
Furthermore, NEAFC adopted a recommendation introducing provisional minimum
notification and reporting requirements for both oceanic-type redfish and Norwegian spring-
spawning herring (Atlanto-Scandian herring) for 1997.
As these recommendations have been adopted with the full support of the Community, they
have to be implemented by the Community.
 ---pagebreak---                                               Proposal for a
                            COUNCIL REGULATION (EC) No                  /96
                                              of       1996
        laying down for 1997 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 aquaculture (1), as amended by the Act of Accession
of Austria, Finland and Sweden, and in particular Article 8 (4) thereof,
Having regard to Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general
provisions concerning special fishing permits (2), and in particular Article 7 (2) 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 1981 (3) 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 22 November 1996
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 1997; whereas it is appropriate that these
 recommendations be implemented by the Community;
 (1)
            O.J. No. L 389, 31.12.1992, p. 1
 (2)
            O.J. No L 171, 6.7.1994, p.l
 ,3)
            O.J. No. L227, 12.8.1981, p. 21
                                             «£
 ---pagebreak--- 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 (4), 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 (5),
 HAS ADOPTED THIS REGULATION:
                                            Article 1
 Catches in 1997 of redfish by Community fishing vessels shall be limited to the quotas set
 out in the Annex.
                                            Article 2
         Member States shall issue special fishing permits for their vessels engaging in the
         fishery of oceanic-type redfish and shall notify these permits to the Commission prior
         to the commencement of the vessel's activity, in accordance with Council Regulation
         (EC) No 1627/94. By way of derogation from Article 7 of that regulation, permits
         will only become valid if the Commission has not objected within five working days
         following the notification.
         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.
  (4)
          OJ No L 261, 20.10.1993, p. 1
  (5)     OJ No L 115, 9.5.1996, p. 3
 ---pagebreak---                                              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).
                                              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 1 January 1997.
        This Regulation shall be binding in its entirely and directly applicable in all Member
        States.
        Done at Brussels,          1996
                                                                               For the Council
                                                                                  The President
                                        L,,,l*
 ---pagebreak---                                                   ANNEX
                       Stock                                Member State                   1996 quota
        Species              Geographical area
Redfish                      ICES XIV/XII/V (2)          Austria
{Sebasies mentella,                                      Belgium
oceanic-type) <0                                         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
        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)
                                                 £~
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 668 final
                                             DOCUMENTS
EN                                                                  03 15 11
                                    Catalogue number : CB-CO-96-680-EN-C
                                                             ISBN 92-78-13408-2
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                              <: