CELEX: 51997PC0135
Language: en
Date: 1997-04-09
Title: Proposal for a COUNCIL REGULATION (EC) amending, for the 2nd time, 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
                                                     Bruxelles, 09.04.1997
                                                     COM(97) 135 final
                                      Proposal for a
                            COUNCIL REGULATION CEO
                amending, for the 2nd time, 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.
The Community fisheries for Atlanto-Scandian herring in area II and Horse mackerel in area II,
IV and area Vb, VI, VII, Vlllabde, XII , XIV have not been subjected to allocation among
Member States. Developments in 1996 have resulted in the need to have a better monitoring of
these fisheries by means of an allocation of the respective TAC's in seperate fish quotas for
each Member State.
The fishery for horse mackerel is an established fishery and the proposal intends to distribute
fishing opportunities between Member States in such a way as to reflect the historical patterns
of fishing activities for each Member State, as shown by the mean catch over a recent and
representative period (1992-1996).
The fishery for Atlanto-Scandian herring establishes fishing opportunities for the Community
that have previously been prosecuted to a very limited extent under the common fisheries
policy. In this case the crierion chosen has been the average catch during the most recent period
on which the fishery has taken place, i.e., 1995-1996.
This proposal intends to address this matter by modifying Council Regulation (EC) N° 390/972.
        O.J. No L389, 31.12.1992, p. I
        O.J. No L66, 6.3.1997. p, I
 ---pagebreak---                                             Proposai for a
                      Council Regulation (EC) No /97 of                      1997
                  amending, for the 2nd time, 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. 3760/92 of 20 December 1992
establishing a Community system for fisheries and aquaculture1 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 under the terms of Article 8 (4) of Regulation (EEC) No. 3760/92 it is incumbent
upon the Council to establish the total allowable catches (TACs) by fishery or group of
fisheries;
Whereas Council 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, in order to prevent overfishing the Community fisheries for Atlanto-Scandian
herring in area II and Horse mackerel in area II , IV and area Vb, VI, VII, VIIlabde,XII ,
XIV should be subjected to allocation among Member States so as these fisheries are
properly monitored;
Whereas in accordance with the second sub-paragraph of Article 8(4) of Regulation (EEC)
No. 3760/92, the allocation shall assure relative stability of fishing activities; whereas
relative stability can in this case be represented by the catch over a recent and representative
period;
Whereas Council Regulation (EC) No. 390/97 should therefore be amended accordingly,
   1
         O.J. No L 389, of 31.12.1992, p. 1
   2
        O.J. No L 66, of 6.3.1997, p. 1. Regulation as amended by Regulation (EC) No xxx/97 ( O.J. No L
        XXXofX.X. 1997. p. x
                                                        'J
 ---pagebreak--- HAS ADOPTED THIS REGULATION
                                           Article 1
The annex to this Regulation shall replace the corresponding elements of the Annex to
Regulation (EC) No 390/97.
                                          Article 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
                                           V
 ---pagebreak---                                                Annex, p. 1
[Species:          Herring               Zone: 1.1
                   Clupea harengus
 België / Belgique                       (1 )   Member States must inform the Commission every tuesday of their landings the preceding.
 Danmark                56 780 (1)(2)          week. No fishing may take place before 16 April 1997
 DeutschSand              2 260 (1)(3)   (2)   Of which no more than 5450 tonnes may be fished in Faroese waters and no more than
 Eilada                                        17470 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more
 Espafta                                       than 13100 tonnes in the Norwegian EEZ.
 France                     950 (1)(4)   (3)   Of which no more than 220 tonnes may be fished in Faroese waters and no more than
 Ireland                11 050 (1)(5)          700 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more
 Italia                                        than 520 tonnes in the Norwegian EEZ.
 Luxembourg                              (4)   Of which no more than 90 tonnes may be fished in Faroese waters and no more than
 Nederland              15 460 (1)(6)          290 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more
 Osterreich                                    than 220 tonnes in the Norwegian EEZ.
 Portugal                                (5)   Of which no more than 1060 tonnes may be fished in Faroese waters and no more than
 Suomi/Finland                                 3400 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more
 Sverige                13 990 (1)(7)(9)       than 2550 tonnes in the Norwegian EEZ.
 United Kingdom         29 510 (1)(8)    (6)   Of which no more than 1490 tonnes may be fished in Faroese waters and no more than
                                               4760 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more
 EC                    130 000 (1)             than 3570 tonnes in the Norwegian EEZ.
                                         (7)   Of which no more than 1350 tonnes may be fished in Faroese waters and no more than
 TAC                 1 500 000 (1)             4300 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more
                                               than 3230 tonnes in the Norwegian EEZ.
                                         (8)   Of which no more than 2840 tonnes may be fished in Faroese waters and no more than
                                               9080 tonnes in Norwegian waters and in the fishing zone around Jan Mayen, but no more
                                               than 6810 tonnes in the Norwegian EEZ.
                                         (9)   Fishing of this stock is not allowed in Community waters
(Species:          Horse mackerel        Zone: iia(D, IV(1)
                   Trachurus spp.
 België / Belgique           90          (1)    Community waters
 Danmark                 37470
 Deutschland               2830
 Eilada
 Esparla
 France                      70
 Ireland                   2180
 Italia
 Luxembourg
 Nederland                6080
 Osterreich
 Portugal
 Suomi/Finland
 Sverige                    750
 United Kingdom           5530
 EC                      55000
 TAC                     60000
                                                                            r
 ---pagebreak---                                         Annex, p. 2
ISpecies:          Horse mackerel Zone: Vb (1), VI, VII, Vlllabde, XII, xiv
                   Trachurus spp.
 België / Belgique                (1 )  Community waters
 Danmark                26060 (2) (2)   May not be fished in the waters under the sovereignty or jurisdiction of Spain and Portugal
 Deutschland            17590 (2)
 Eilada
 Esparla                31000
 France                  7850 (2)
 Ireland                84330 (2)
 Italia
 Luxembourg
 Nederland              98900 (2)
 Osterreich
 Portugal                3000
 Suomi/Finland
 Sverige
 United Kingdom         24270 (2)
 EC                    293000
 TAC                   300000
                                                      c
 ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(97) 135 final
                                              DOCUMENTS
EN                                                                        03 14
                                    Catalogue number : CB-CO-97-132-EN-C
                                                             ISBN 92-78-17923-X
Office for Official Publications of the European Communities
L-2985 Luxembourg
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