CELEX: 51997PC0598
Language: en
Date: 1997-11-14
Title: Proposal for a Council Regulation (EC) fixing, for certain stocks of highly migratory fish, the total allowable catches for 1998, their distribution in quotas to Member States and certain conditions under which they may be fished

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      Brussels, 14.11.1997
                                      COM(97) 598 final
                       Proposal for a
             COUNCIL REGULATION (EQ
  fixing, for certain stocks of highly migratory fish,
          the total allowable catches for 1998,
    their distribution in quotas to Member States
and certain conditions under which they may be fished
              (presented by the Commission)
 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
 The International Commission for the Conservation of Atlantic Tunas (ICCAT) is the
body in charge of coordinating action to manage fisheries of large pelagic fish in the
 Atlantic and Mediterranean. Their decisions are based on scientific advice provided by
 a committee (Standing Committee for Research and Statistics) in which scientists of all
 contracting parties participe together with other experts chosen as observers.
 The European Community is not a Contracting Party to ICCAT. However, it applied
 officially for membership and it is well possible that the Community can be admitted as
Member of the Commission in the very near future. France, Spain, Italy and Portugal
 are Members. As the conservation of marine ressources belongs to the exclusive
 Community competence, the Community is bound to collaborate with ICCAT in the
 management of these highly migratory stocks, in order to allow the Member States to
fulfill their international obligations in Community waters.
In the case of blue fin tuna of the eastern Atlantic ocean and the Mediterranean, the
stock is in a very depressed state, requiring immediate management action. The stock
of swordfish; although less worrying, indicates also the need to establish serious
restrictive measures. ICCAT has therefore issued a series of recommendations
concerning technical conservation measures and limitations of the exploitation rate in
the form offish quotas.
While the technical conservation measures have already or are been implemented in the
respective legal frameworks (Council Regulations (EC) No 1626/94 * and (EC) No
894/972), the limitations of the exploitation rate require the setting up of catch limits in
the form offish quotas as stipulated by ICCAT.
It is proposed that these quotas, which arc also applicable in the high seas and dealt
with in the framework of ICCAT, form part of a specific regulationdistinct from the
genera! TAC regulation.
Given that Mediterranean fishermen are not subject to the obligation to have a
logbook, it is imperative that Member States with a Mediterranean façade reinforce
their statistical systems in order to be able to fulfil the obligation to register and
communicate their landings to the Commission. Provisions to that effect are also
proposed in this regulation.
Finally, ICCAT has recommended a certain inter-annualflexibilityin the consumption
of swordfish quotas, similar to the one foreseen in Articles 3 and 4 of regulation (EC)
No 847/96. It is proposed that the conditions of that regulation be applicable to the
 stock of swordfish. Moreover, given the poor state of the stocks, it is also proposed
that the penalty coefficients foreseen in Article 5(2) of regulation (EC) No 847/96 be
 applicable both to blue fin tuna and swordfish stocks.
           O J . No L171, 6.07.94, p. 1. Regulation as amended by Regulation (EC) No 1075/96(0.
           J. No L 142, 15.06.1996,'p. 1)
           O.J. No L 132, 23.05.1997, p. 1
 ---pagebreak---                          COUNCIL REGULATION (EC) No. /97
                                             of
                     fixing, for certain stocks of highly migratory fish,
                              the total allowable catches for 1998,
                       their distribution in quotas to Member States
                  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 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, in accordance with Article 4, to establish the total allowable catches
(TAC) by fishery or group of fisheries;
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 of the sea; whereas, in the framework of its wider international
obligations, the Community participates in efforts arising in international waters to
conserve fish stocks;
Whereas the International Commission for the Conservation of Atlantic Tunas (ICCAT)
has recommended the setting of catch limitations for blue fin tuna in the Mediterranean
 and in the Atlantic and for swordfish in the Atlantic; whereas those recommendatrions are
 binding upon some Member States member of that Commission; whereas, in view of the
 exclusive Community competence for the conservation of living marine resources it is
 appropriate for the Community to implement those recommendations;
 1
          O.J. No L389, 31.12.1992, p.l, Regulation as amended by the Act of Accession of Austria, Sweden
         and Finland
                                                     1<\
 ---pagebreak--- whereas fishing opportunities should be allocated to Member States in accordance with the
second subparagraph of Article 8(4);
Whereas, in accordance with the provisions laid down in Article 2 of Council Regulation
(EC) No 847/96, introducing additional conditions for year-to-year management of TACs
and quotas , it is necessary to indicate which stocks are subject to the various measures
fixed therein;
Whereas, in order to ensure effective management of these TACs, the specific conditions
under which fishing operations occur should be established;
Whereas, in accordance with Article 40 of Council Regulation (EC) No 2847/93,
establishing a control system applicable to the common fisheries policy , Member States
are exempted from the obligations stipulated in Articles 6, 8 and 19 of the same
regulation (logbook and related provisions) as far as it concerns fishing operations in the
Mediterranean; whereas it becomes therefore imperative that, in order to comply with
the present regulation, rules on catch registration and notification should be set out for
these fishing operations;
HAS ADOPTED THIS REGULATION:
                                             Article 1
This Regulation fixes, for certain stocks of highly migratory fish, total allowable catches
(TACs) per stock, the share of these catches available to the Community, the allocation of
that share among Member States in the form of fish quotas and the specific conditions
under which these stocks may be fished.
TACs, Community shares, quotas and specific fishing conditions are hereby fixed for
 1998 as set out in Annex I
         OJ No LI 15, 9.5.1996, p. 3
3
         O. J. No L 261, 20.10.93, p. 1. Regulation as amended by Regulation (EC) No 2489/96 (O. J.
         No L 338, 28.12.1996, p. 12)
 ---pagebreak---                                           Aûicie_2
The allocation of fish quotas mentioned in Article 1 among the Member States shall be
without prejudice to:
        exchanges made pursuant to Article 9(1) of Regulation (EEC) No. 3760/92
        re-allocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation
        (EEC) No. 2847/93,
        additional landings allowed under the stipulations of Article 3 of Regulation (EC)
        No 847/96,
        quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96.
                                          AnkkJ.
Member States shall, for fishing operations which, in accordance with Article 40 of
Council Regulation (EC) No 2847/93, are exempted from the obligations stipulated in
Articles 6, 8 and 19 of the same regulation:
• establish registering and sampling systems appropriate to accurately estimate, on a
   monthly basis, the total landings and transhipments of the stocks mentioned in the
   annex by vessels flying their flag or registered in their territory, and total landings in
   their harbours by vessels flying the flag or registred in another Member State.
• for the stocks mentioned in the annex, communicate to the Commission, before the
    15th of each month, the quantities landed or transshipped during the preceeding
   month by .vessels flying their flag or registered in their territory, and the quantities
    landed in their harbours by vessels flying the flag or registred in another Member
    State.
 ---pagebreak---                                          Atiteki
TACs for blue fin tuna and swordfish are considered as analytical for the effects of
Regulation (EC) No 847/96.
The provisions set out in Articles 3 and 4 of the same regulation shall not apply to the
stock of blue fin tuna.
 fhe provisions of Article 5(2) of the same regulation shall apply to the stocks of bluefin
tuna and swordfish.
                                         Aûkki
This Regulation shall enter into force on seventh day after the day of its publication in
the Official Journal of the European Communities.
It shall apply with effect from 1 January 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 1997
                                                              For the Council
                                                              The President
 ---pagebreak---                                                                    ANNEX
    TACs by stock and by area for 1996 and the allocation among the Member States of the share available to the Community
                                    (in tonnes live weight, except where otherwise specified).
(Species:           Blue fin tuna               Z o n e : Atlantic ocean, east of longitude 45° W
                    Thunnusthynnus
 Belgiê / Belgique                              (1)       Available to all Member States except Greece, Spain, France and Portugal
 Danmark
 Deutschland
 Ellada                        3
 EspaAa                   3809
 France                     400
 Ireland
 Italia
 Luxembourg
 Nederland
 Osterreich
 Portugal                   180
 Suomi/Finland
 Sverige
 United Kingdom
                            100 (1)
 EC                      4 492
 TAC                        pm
ISpecies:          Blue fin tuna               Z o n e : Mediterranean Sea
                    Thunnusthynnus
 België / Belgique
 Danmark
 Deutschland
 Ellada                     272
 Espafta                  2 033
 France                   4850
 Ireland
 Italia                   4145
 Luxembourg
 Nederland
 Osterreich
 Portugal                   321
 Suomi/Finland
  Sverige
  United Kingdom
  EC                    11621
  TAC                        pm
 ---pagebreak--- ! Species:          Swordfish       Z o n e : Atlantic ocean, north of latitude 5° N
                    Xiphias gladius
  België / Belgique                 (1 )      Available to all Member States except Spain and Portugal
  Danmark
  Deutschland
  Ellada
  Espafta              4 537.5
  France
  Ireland
  Italia
  Luxembourg
  Nederland
  Osterreich
  Portugal                 825
  Suomi/Finland
  Sverige
  United Kingdom
                           100 (1)
  EC                   5 462.5
  TAC                   11 000
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 598 final
                                             DOCUMENTS
EN                                                            03 07 10 08
                                    Catalogue number : CB-CO-97-613-EN-C
                                                             ISBN 92-78-27539-5
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