CELEX: 51993PC0690
Language: en
Date: 1993-12-21
Title: Proposal for a COUNCIL REGULATION (EC) allocating, for 1994, certain additional catch quotas between Member States for vessels fishing in Norwegian waters north of 62 degrees North in Icelandic waters and in Swedish waters

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               COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                   COM(93) 690 final
                                                                   Brussels, 21 December 1993
                                                  Proposal for a
                                        COUNCIL REGULATION (EC)
                 allocating, for 1994, certain additional catch quotas between Member States
                      for vessels fishing in Norwegian waters north of 62 degrees North
                                   in Icelandic waters and in Swedish waters
         'SB*
                                         (presented by the Commission)
        III*
 ---pagebreak---                                 EXPLANATORY MEMORANDA
                                                   I
In the context of the negotiations on the establishment of the European Economic Area, the
Community concluded three Agreements in the form of an Exchange of Letters with Norway,
Iceland and Sweden.
Under the first Agreement, Norway undertook, within the framework of the balanced annual
Fisheries Arrangement, to consolidate the Community's annual quota of Arcto Norwegian cod in
the Norwegian Economic Zone, north of 62 degrees northern latitude, +o 2 9 percent of the TAC
for the said stock, and to allocate an additional quota of 7 250 tonnes of Arcto Norwegian cod
in 1994. Norway also undertook to continue to allocate to the Community an additional quota
of 1 500 tonnes of redfish in the Norwegian Economic Zone, north of 62 degrees northern
latitude, outside the fisheries balance between the Parties.
Under the second Agreement, Iceland offered the Community a quota of redfish in Icelandic
waters.
Under the third Agreement, Sweden offered the Community a consolidation of certain catch
quotas for cod and herring, which were offered in connection with the signature of the Adaptation
Protocol to the Agreement between Sweden and the Community, taking account of accession in
1986. These catch quotas are to be added to the reciprocal fishing rights which are agreed
annually between the Parties under the Fisheries Agreement between the Community and Sweden.
Sweden informed the Community on 11 November 1993 of the supplementary catch quotas
for 1994.
The purpose of this Regulation is to allocate among Member States the supplementary catch
quotas in Norwegian, Icelandic and Swedish fishing zones in accordance with the principles of
Community law and of the common fisheries policy.
                                                  II
For the allocation of new fishing possibilities, the Community must take due account of the
interests of all Member States (Article 8(4)(iii) of Regulation (EEC) No 3760/92) while
respecting the non-discrimination principle, as expressed in the Court of Justice judgment of 16
June 1987 (Romkes Case 46/86, [1987], ECR 2686, para. No 27).
This means that the Community must take into account the interests of the Member States who
traditionally fish in the relevant fishing areas, in addition to the interests of the other Member
States, on the basis of such criteria as:
-    the economic incentive for the relevant fleets to take advantage of the quotas in question;
 ---pagebreak--- -  the advantages already granted to some Member States when the recently consolidated quot
   were allocated, in particular in Norwegian waters;
-   the consequences of the German unification process;
-   the fishing possibilities granted to some Member States through bilateral fishing agreements
    with third countries, referred to above; and
-   the particular needs of certain Member States whose local populations are particularly
    dependent on fishing.
This latter consideration is a component of the Community's economic and social cohesion
objectives, as stipulated in Article 130a of the EC Treaty.
Given the particular context in which the Fisheries Agreements have been signed, special
consideration must be given to these objectives.
On the basis of these criteria, the Commission proposes that the Council allocate the fishing
possibilities concerned as set out below.
                    Allocation for 1994 of additional Community catch quotas
                          in Norwegian waters, asreferredto in Article 1
                                (Norwegian waters north of 62°00'N)
                                                                   (tonnes: fresh round weight)
                                    ICES               Community            Quotas allocated
          Species                  Division            Catch Quotas         to Member States
            Cod                      I. II                7 250           Spain           3 260
                                                                           Portugal      3 260
                                                                           Ireland          365
                                                                           Greece           365
         Redfish                      i,n                  1 500           Germany         500
                                                                           Spain            190
                                                                           Portugal        810
 ---pagebreak---                                   Allocation for 1994 of Community cr'-..': qnjte
                                   in Icelandic waters, asreferredto in ' -il?l' 2
                                                                         (tonnes: fresh round weight)
FT! :.w..-T' S S S E E
                Species                ICES            Community              Qùsoîas rlocated
                                     Division          Catch Quotas           to Liembsr States
               Redfish                  Va                3 000(1)       Germany             1 740
                                                                         United Kingdom 1 160
                                                                         Belgium                100
(i) Including unavoidable by-catches (cod not allowed).
                             Allocation for 1994 of additional Community catch quotas
                                    in Swedish waters, asreferredto in Article 3
                                                                                 (tonnes: fresh round weight)
                     Species                ICES                  Community             Quotas allocated
                                           Division              Catch Quotas          to Member States
                       Cod                   Hid                       900           Denmark           660
                                                                                     Germany           240
                   Herring                  Hid                      1 500           Denmark           860
                                                                                     Germany           640
                                                          m
Following this summary of the broad lines to be followed in allocating the above fishing
possibilities, it is necessary to set out the factors taken into account in relation to each
Fisheries Agreement.
 ---pagebreak---                                    A. Agreement with Norway
Allocation of the cod quota in Norwegian waters
The Commission proposes to allocate the cod quota taking account of the objectives of economic
and social cohesion in the Community. This solution, which is in line with the Declarations of
the Council meeting on General Affairs of 21 October 1991, does not affect the principle of
relative stability.
Allocation between the four countries has been made on the basis of the principles of the
common fisheries policy. Therefore, most of the additional cod quota has been allocated to those
countries that have fished for cod in Norwegian waters in the past: Spain and Portugal. A smaller
portion has been allocated to Ireland and Greece.
-   Historical catches and loss of fishing possibilities
    As shown in Table 1 in Annex I, obtained from the AREMOS data base managed by ICES,
    Spain and Portugal have reported landings of Arctic cod over a long period.
    An interruption of fishing activities occurred in 1981, followed by quite a different fishing
    pattern. In order to give more homogeneous criteria, the period 1974-80 should be
    considered.
    On the basis of available information, it is not possible to determine, with certainty, the actual
    level of catches taken by Spain and Portugal in what are, today, Norwegian waters. It must
    be recalled that during the same period, Spain and Portugal suffered the loss of traditional
    fishing grounds for cod such as the area off Newfoundland, because of the extension of the
    Canadian EEZ to 200 miles.
"   Bilateral Fisheries Agreement with Norway
    Reference has been made to the bilateral Fisheries Agreement which Spain and Portugal had
    with Norway in 1980-86. Only Portugal was granted fishing possibilities in Norwegian
    waters during this period, but not for cod. Portugal had a small redfish quota which the
    Community has succeeded in maintaining since the accession of Spain and Portugal. The
    quota has now been consolidated as part of the additional fishing possibilities in Norwegian
    waters.
On the basis of the above, the Commission proposes to allocate the cod quota as follows: 45%
each to Spain and Portugal and 5% each to Ireland and Greece.
Allocation of the redfish quota in Norwegian Waters
The Community has also obtained a consolidation of a quota of 1 500 tonnes of redfish, granted
outside the normal balance of the annual Fisheries Arrangement with Norway. This quota was
previously allocated to Spain and Portugal following their accession to the Community, and to
Germany following unification.
 ---pagebreak--- The principles of the common fisheries policy are best served by allocating the consolidated
fishing possibilities according to the established distribution key.
                                    B. Agreement with Iceland
The only Member States who have had a traditional fishery for redfish, in what are today
Icelandic waters, are Belgium, Germany and the United Kingdom. Belgium has maintained a
whitefish fishery over the years under a phasing-out agreement, whilst fishing by Germany and
the United Kingdom ceased by 1976 when Iceland extended its fisheries jurisdiction to 200 miles.
In order to establish an allocation key between Belgium, Germany and the United Kingdom, it
is necessaiy to deiermirie a reference period which takes into account that, in 1972, Iceland
extended its fisheries jurisdiction to 50 miles and, in 1976, to 200 miles. Considering as well
the need to base the calculation on the most recent catch figures, the period 1970-75 would in
tins respect be respresentative. Catches during this period are displayed in Table A in Annex II.
However, the new fishing possibilities in Icelandic waters should be allocated taking as a basis
not only traditional fisheries of redfish but also of cod As Table B shows, Germany and the
United Kingdom fished more than 90 percent of the redfish and cod in Iceland in the years prior
to the extension of the Icelandic EEZ. Belgium, on the contrary, had a rather small percentage
of these catches Furthermore, Belgium has to date maintained fishing possibilities in Icelandic
waters under a bilateral Agreement signed in 1975.
For the reasons set out above, it is proposed to allocate the Icelandic quota to Germany, the
United Kingdom and Belgium on the basis of historical fishing patterns for redfish and cod in
Icelandic waters.
                                    C. Agreement with Sweden
The Commission considers that the allocation of the somewhat limited supplementary amounts
in this zone can only be allocated to the two coastal States operating in the Baltic
                                            Conclusion
In the light of the above considerations, it is proposed that the Council adopt the attached
proposal for a Council Regulation on the allocation of additional catch quotas in the Norwegian,
Icelandic and Swedish fishing zones.
 ---pagebreak---                                              ANNEX I
Table 1;   Arctic Cod - Historical Catches by Spain and Portugal
            (by statistical division)
Zone                 I                   Ua             lib            Total
Year           ES           PT      ES       PT     ES      FT     ES         PT
1974         8 302      25 995    1101              407           9 810     25 995
1975         4 630      10 554    1 230           2 340           8 200     10 554
1976         1 620       2 393    5 430 3 519 3 070 1 811 10 120             7 723
1977           179          426   1796 2 449 11673 1217 13 648               4 092
1978              2         135    I 192' 668 3 432           60 4 626        863
1979              8       1 000   1 754      754 5 370       564 7 132       2 300
1980         1285           181   1530       183 4 896       611  7 711        975
1981                                                                  0          0
1982                                             14 515          14 515          0
1983                                             14 229          14 229          0
1984                                         236 8 608 3 593      8 608      3 829
1985                                         520 7 846 3 810      7 846      4 330
1986                                         660 3 737 2 845      3 737      3 505
1987                                          64 10 612 2 382 10 612         2 446
1988                             10 905       26           1836 10 905       1862
1989                                          15           1 258      0      1 273
1990                                          22             488      0       510
1991                                           7             744      0       781
1974-
1980:      16 026       40 684 14 033      7 573 31 188 4 245    61 247     52 502
Source: A R E M O S data base
 ---pagebreak---                                           ANNEX II
Table A
Catch Statistics - Redfish - ICES Va (Iceland) - Period 1970-75
Year/Country              1970      1971        1972      1973     1974   1975   Share
Germany                48 907     46 580     43 963     38 358   36 409 33 602 88.80%
United Kingdom           2 948     3 522      3 697      2 951    2 519 2 424   6.48%
Belgium                  2 204     2 298      2 484      1622     2 114  1945   4.72%
Table B
Catch Statistics - Cod - ICES Va - (Iceland) - Period 1970-75
Year/Country              1970      1971        1972      1973     1974   1975   Share
Germany                26 334     27 007     11 670      6 839    5 554 2 266   9.18%
United Kingdom        130 508    161 855    147 188    122 277  117 539 92 897 89.03%
Belgium                  2 960     2 972      2 471      1110     1128   1269   1.37%
France                   1 852     1 525           0         0      203     23  0.42%
 ---pagebreak---                                             Proposal for a
                                  COUNCIL REGULATION (EC)
           allocating, for 1994, certain additional catch quotas between Member States
                for vessels fishing in Norwegian waters north of 62 degrees North
                             in Icelandic waters and in Swedish waters
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 aquaculture0\ and in particular Article 8(4) thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement on the European Economic Area, which entered into force on 1 January
 1994, has given the Community and Norway, Iceland and Sweden the opportunity to develop
their cooperation in the fisheries sector, and to conclude supplementary Agreements on fisheries
 in the form of an Exchange of Letters(2);
Whereas under these Agreements, Norway, Iceland and Sweden undertook to grant to the
Community additional catch quotas for cod and redfish in Norwegian waters, for redfish in the
Icelandic fishing zone, and for cod and herring in Swedish waters;
Whereas allocation methods must take into account the interests of all Member States whenever
new fishing opportunities are established in accordance with Article 8(4)(iii) of Regulation (EEC)
No 3760/92; whereas due consideration should be given to the economic and social cohesion of
the Community, since it has acquired the resources in question within the framework of the
Agreement on the European Economic Area;
Whereas the fishing activities covered by this Regulation are subject to the control and inspection
measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing
a control system applicable to the common fisheries policy(3),
(1)
     OJNoL 389, 21.12.1992, p. 1.
(2)
     OJNoL
(3)
     OJ No L 261, 20.10.1993, p. 1.
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                             Article 1
Vessels flying the flag of a Member State shall be authorized in 1994 to take catches within the
geographical limits and subject to the quotas set out in Annex I, in waters falling within the
fisheries jurisdiction of Norway north of 62 degrees North, without prejudice to catches already
authorized for the same period by Council Regulation (EC) No 3692/93 of 21 December 1993
allocating, for 1994, certain catch quotas between Member States for vessels fishing in the
Norwegian exclusive economic zone and the fishing zone around Jan Mayen(4).
                                             Article 2
Catches by vessels flying the flag of a Member State in waters falling within the Icelandic
Exclusive Economic Zone shall be limited for 1994 to the quotas set out in Annex II hereto.
                                             Article 3
Vessels flying the flag of a Member State shall be authorized in 1994 to take catches within the
geographical limits and subject to the quotas set out in Annex III hereto in waters falling within
the fisheries jurisdiction of Sweden, without prejudice to catches already authorized for the same
period by Council Regulation (EC) No 3683/93 of 20 December 1993 allocating, for 1994, catch
quotas between Member States for vessels fishing in Swedish waters(5).
                                             Article 4
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 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,                                                           For the Council
                                                                             The President
(4)
    OJ No L 341, 31.12.1993, p. 104.
(5)
    OJNoL 341, 31.12.1993, p. 67.
                                                10
 ---pagebreak---                                  ANNEX I
         Allocation for 1994 of additional Community catch quotas
              in Norwegian waters, asreferredto in Article 1
                   (Norwegian waters north of 62°00'N)
                                                       (tonnes: fresh round weight)
 Species                ICES                Community            Quotas allocated
                      Division             Catch Quotas         to Member States
  Cod                    I, II                 7 250          Spain        3 260
                                                              Portugal     3 260
                                                              Ireland        365
                                                              Greece         365
Redfish                  I, II                 1 500          Germany        500
                                                              Spain          190
                                                              Portugal       810
                                     11
 ---pagebreak---                                         ANNEX II
                     Allocation for 1994 of Community catch quotas
                      in Icelandic waters, as referred to in Article 2
                                                             (tonnes: fresh round weight)
     Species             ICES              Community               Quotas allocated
                        Division          Catch Quotas            to Member States
     Redfish               Va                3 000 0)         Germany             1 740
                                                              United Kingdom      1 160
                                                              Belgium               100
(1)
    Including unavoidable by-catches (cod not allowed).
                                             12
 ---pagebreak---                                ANNEX 111
        Allocation for 1994 of additional Community catch quotas
               in Swedish waters, as referred to in Article 3
                                                          (tonnes: fresh round weight)
Species                ICES                 Community             Quotas allocated
                     Division              Catch Quotas          to Member States
 Cod                    nid                      900            Denmark       660
                                                                Germany       240
Herring                 Hid                    1 500            Denmark       860
                                                                Germany       640
                                    13
 ---pagebreak---                                                                      ISSN 0254-1475
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