CELEX: 51997PC0108
Language: en
Date: 1997-03-17
Title: Proposal for a Council Regulation (EC) amending Regulation (EC) No 390/97 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1997 and certain conditions under which they may be fished

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               Brussels, 17.03.1997
                                               COM(97) 108 final
                                Proposal for a
                      COUNCIL REGULATION ffiQ
                   amending Regulation (EC) No.390/97
fixing, for certain fish stocks and groups offish stocks, the total allowable
 catches for 1997 and certain conditions under which they may be fished
                       (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                  EXPLANATORY MEMORANDUM
The objective of the present proposal is to fix fishing possibilities for certain stocks offish and
to allocate these equitably to Member States. The fixing and the sharing of possibilities for
fishing falls exclusively within the competence of the Community and arises from obligations
set out in Article 8(4) of Regulation (EEC) n° 3760/92 of the Council of 20 December 19921,
establishing a Community regime for fishing and aquaculture.
Within the framework of the agreement between the Russian Federation and the Kingdom of
Sweden, negotiations have been conducted which resulted, among other things, in a transfer of
4000 tonnes of herring to the Russian Federation from the quota allocated to Sweden in
Community waters.
On the other hand, the fishery for herring in ICES subareas I and II, which was due to be open
on I April 1997, requires an allocation of quotas for Member States before it starts. Otherwise
there is a serious risk of overfishing the TAC fixed for Community vessels. While a proposal
for an allocation has been already made by the Commission, it appears necessary to condition
the opening of the fishery to the adoption of a decision by the Council.
This proposal intends to address these matters by modifying Council Regulation (EC)
N° 390/972.
         O.J. No l.389, 31.12.1992, p. 1
         O.J. No L66, 6.3.1997, p. I
                                                Z
 ---pagebreak---                                       Proposal for a
                   Council Regulation (EC) No /97of                1997
                           amending Regulation (EC) No.390/97
     fixing, for certain fish stocks and groups offish stocks, the total allowable
      catches for 1997 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. 3760/921 of 20 December 1992
establishing a Community system for fisheries and aquaculture as amended by the
Act of Accession of Austria, Finland and Sweden, and in particular Article 8 (4)
thereof,
Having regard to the proposal from the Commission,
Whereas Regulation (EC) No. 390/972 fixes, for certain fish stocks and groups of fish
stocks, the TACs for 1997 and certain conditions under which they may be fished;
Whereas, within the framework of the agreement between the Russian Federation and
the Kingdom of Sweden, negotiations have been conducted which resulted, among
other things, in a transfer of 4000 tonnes of herring to the Russian Federation from the
quota allocated to Sweden in Community waters; whereas this quantity should
therefore be deducted from the quota allocated to Sweden for 1997;
Whereas, in order to prevent an overfishing of the stock of herring in ICES subareas I
and II, the openening of the fishery should be subject to the adoption by the Council
of an allocation of catch quotas to Member States for 1997 so that the fishing of the
stock is properly monitored and carried out with the security required;
         O.J. No L389,31.12.1992, p.l
         O.J. No L66, 6.3.1997, p. 1
                                            •       3
 ---pagebreak--- Whereas Council Regulation (EC) No. 390/97 should therefore be amended
accordingly,
HAS ADOPTED THIS REGULATION :
                                        Article 1
Council Regulation (EC) No 390/97 is hereby modified as follows :
 1.     The annex to this Regulation shall replace the corresponding elements of
        Annex 1 to Regulation (EC) No 390/97.
2.      Note (4) related to the species "herring" and the zone "I, II" of Annex 1 to
        Regulation (EC) No 390/97 is replaced by the following:
             "no fishing of the stock shall take place until an opening date is
             decided by the Council on the basis of Article 8(4) of Council
             Regulation (EC) No 3760/92"
                                        Artkk.2
This Regulation shall enter into force on the day following that of its publication in
the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                                      For the Council,
                                                                      The President
                                             *i
 ---pagebreak---                                               Annex
ISpeciee:          Htrring        Zoftr.iiibcd(i)
                   Clupoa hênngus
 Belgiê / Belgique                (1 )    Community waters
 Oanmark               32140      (2)    O» which no mora than 80001 may be fished In the Estonian zone, no more
 Deutschland           07 450            than 25001 in the Latvian zona, and no mora than 1000 < in tha Lithuanian zone
 ElUida
 Eapafla
 France
 Ireland
 Italia
 Luxembourg
 Nederland
 Osterreich
 Portugal
 Suomi/Finland         36 430
 Sverige             127 680
 United Kingdom
 EC                  293 700 (2)
 TAC                 307 700
                                                    X
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 108 final
                                             DOCUMENTS
EN                                                                            03
                                    Catalogue number : CB-CO-97-098-EN-C
                                                             ISBN 92-78-16869-6
Office for Official Publications of the European Communities
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