CELEX: 51998PC0773
Language: en
Date: 1998-12-16
Title: Proposal for a Council Regulation (EC) laying down for 1999 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, 16.12,1998
                                                            COM(1998)773 final
                                             Proposal for a
                                   COUNCIL REGULATION (EC)
 . laying down for 1999certain 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
Aï its Ar.iu?' V t o m g from 1 7 to 20 November Î998, the North-East Atlantic Fisheries Commission
(NE A c O hes iûcpn:d f. rsccrrmendation of conservation and management measures for cceanic-type
redfish for 1999. 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 1999.
Furthermore, NEAFC continued a recommendation introducing provisional minimum notification and
reporting requirements for both oceanic-type redfish and Norwegian spring-spawning herring
(Atlanto-Scandian herring) for 1999.
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                    /99
                                           of     December 1998
  laying down for 1999certain 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 aquaculture1, and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,
Whereas the Community has approved2 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 Future Multilateral Co-operation in the North-East Atlantic Fisheries,
hereinafter referred to as the "NEAFC Convention", was approved by the Council in Decision
81/608/EEC of 13 July 19813 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 20 November 1998
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 1999; whereas it is appropriate that these recommendations be
implemented by the Community;
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 of
 12 October 1993 establishing a control system applicable to the Common Fisheries Policy4, certain
specific control measures are to be defined concerning the authorisation of fishing vessels, their
notification and the declaration of catches;
         O.J. No. L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No. 1181/98 (O.J. No.
         L 164, 9.6.1998, p.l).
         O.J. No. L 179, 23.6.1998, p. 1.
         O.J. No. L227, 12.8.1981, p. 21.
         OJ No L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) 2205/97 (O.J. No. L 304,
         7.11.1997, p.l).
                                                        3
 ---pagebreak--- 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 Régulation (EC) No
847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and
quotas5,
Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January 1999.
HAS ADOPTED THIS REGULATION:
                                                   Article I
Catches in 1999 of redfish by Community fishing vessels shall be limited to the quotas set out in the
Annex.
                                                   Article 2
1.        Member States shall notify to the Commission a list of the vessels flying their flag and
          registered within the Community which are granted the right to fish oceanic-type redfish no
          later than 20 January 1999 and thereafter any modification, including additions to the list at
          least 30 days in advance of the commencement of the vessel's activity. Only the vessels
          named in this list shall be deemed to be authorized to fish oceanic-type redfish.
2.        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.
                                                   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 the day of its publication in the Official Journal of the
 European Communities.
 It shall apply from 1 January 1999.
           This Regulation shall be binding in its entirely and directly applicable in all Member States.
           Done at Brussels,      December 1998
                                                                                       For the Council
                                                                                          The President
 5
           OJ NoL 115, 9.5.1996, p. 3.
 ---pagebreak---                                                            ANNEX
                          Stock                                     Member State                1999 quota
                                                             t,             '»'* ,, J *' i1
                                                                                                  (tonnes)
                                                    " i -' '
          Species                Geographical area
  Redfish                       ICES XIV/XII/V(2)               Austria
  (Sekastes mentclla,                                           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
(2)
          Community fishing waters and areas beyondfisheriesjurisdiction of the other coastal States
(3)
          Includes a transfer of 4,000 tonnes from Denmark (on behalf of the Faroe Islands and Greenland)
                                                                    vT
 ---pagebreak---  ---pagebreak---                                                                 ISSN 0254-1475
                                                           COM(98) 773 final
                                             DOCUMENTS
EN                                                           03 11 07 02
                                    Catalogue number : CB-CO-98-772-EN-C
Office for Official Publications of the European Communities
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