CELEX: 51987PC0141
Language: en
Date: 1987-04-09
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) amending (EEC) Regulation Nr. 500/87 fixing for 1987 catch possibilities for certain fish stocks and groups of fish stocks in the Regulatory Area as defined in the NAFO Convention#proposal for a council regulation (EEC) PROPOSAL FOR A COUNCIL REGULATION (EEC) amending Regulation (EEC) No 4034/86 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1987 and certain conditions under which they may be fished#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 141
Vol. 1987/0057
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(87 ) 141 final
                                                            Brussels , 9 April 1987
                    PROPOSAL FOR A COUNCIL REGULATION ( EEC )
           amending ( EEC ) Regulation Nr . 500/ 87 fixing for 1987
        catch possibilities for certain fish stocks and groups of
                     fish stocks in the Regulatory Area as
                          defined in the NAFO Convention
                    proposai for a council régulation ( EEC )
                    PROPOSAL FOR A COUNCIL REGULATION ( EEC )
         amending Regulation ( EEC ) No 4034 / 86 fixing , for certain
              fish stocks and groups of fish stocks , the total
              allowable catches for 1987 and certain conditions
                           under which they may be fished
                      v A»
  И
           <■> N        ^\ (presented
                            ( presented by the Commission )
C0M(87 ) 141 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
                    ALLOCATION Of THE COMMUNITY SHARE Ilf' CPU     I DCKI .
       IN ICES DIVISION lib ( SVALBARD ) AND NAFO DIVISIONS 2J3KL , 3NQ AND 5M
1 . The Council has agreed in principle that an objection should be lodged
     against the NAFO recommendations on the fixing of TACs for most demersal
     stocks in the North-West Atlantic for 1987 .
     As a result of this objection , the total volume of cod available to
     Community fishermen was fixed autonomously ( l ) on the basis of an
     assessment of the biological status of each stock concerned and in the
     light of the relevant scientific data .
2 . The Council has also fixed a maximum level of allowable catches for
     Community vessels fishing for cod in Division I I b ( Svalbard ) ( 2 ). This
     decision reflects the Community 's contribution towards the conservation of
     fish stocks in a very sensitive area with a special international status .
3 . The allocation among the Member States of the stocks available to the
     Community presents serious difficulties which the Council , in a similar
     situation , was unable to overcome in 1986 .      At its December meeting when
     the 1987 arrangements were laid down for all other stocks , the Council
     rejected the Commission proposals for the allocation of the cod catches
     referred to in 2 . above and requested the Commission to submit new
     proposals for a decision by 30 April ; in the meantime the Council has
     stated that there should be a " freeze " on cod fishing in the area
     concerned .
     The trend in fishing activities in this area , the special status of
     Svalbard and the sensitivity of fishing relations with Canada all tend to
     distort the interests concerned , standing in the way of any lasting
     Community solution .
     If the situation which prevailed in 1986 were to continue , this would be to
     the detriment of the Community since :
     - it would , affect the Community 's credibility as a force with any real
       power to control fisheries in international waters ;
( 1 ) Régulation ( EEC ) N° 500/87 of 16/2/1987 , 03 L 51 , p. 3
( 2 ) Régulation ( EEC ) N° 4034/86 of 22 /12 / 1986 , 03 L 376 , 31 / 12 /1980 .
 ---pagebreak---                                        - 2 -
    - it would produce an imbalance in the fishing activities of the various
      Member States and would be quite contrary to the fundamental objectives
      of the common fisheries policy ;
    - it would confer on non-member countries the de facto right to interfere
      in the fishing activities of Community nationals .
4 . Solutions to this problem cannot be found , however , by extrapolatinq or
    simply adjusting the Community rules , for several reasons :
    - the Svalbard region is for the first time subject to restrictions
      applicable to a species of interest to several Member States ;
    - fishing activities in the NAFO area have not been the subject of
      systematic or overall decisions within the Community of Ten sice 1983 ;
      moreover , Spain and Portugal have occasionally raised objections to the
      recommandations followed by the Ten until 1986 , subject to the rights arid
      obligations of the Contracting Parties to the International Convention .
    This being the case , the decisions adopted by the Community since 1983 do
    not constitute a basis for allocation under the rules applicable to the
    enlarged Community .
5 . A scheme for the allocation of the resources concerned should therefore In ¬
    drawn up , taking account of all the factors affecting the activities
    concerned so as to ensure a fair balance between the rights which each
    Member State can claim and the structural situation which has now
    developed .
    Assessments should be based on the following :
    - the period 1973-1976 , which provides the historical background for the
      general scheme used since 1983 for the allocation of Community stocks ;
    - the period 1983-1986 , which exemplifies the structural trends in relation
      to the abovementioned period ;
    - a period of five consecutive years between 1973 and 1986 , indicat ing the
      average level of activities by each Member State in fishina the resources
      concerned within a non-binding or agreed framework .
 ---pagebreak---                                          - 3 -
   The Commission considers that the three periods listed above can all be
  taken into account within a consistent framework , if the following
  procedure is followed :
   ( i ) for each Member State , three averages will be established as follows :
  - average for 1973-1976 ;
  - average for five consecutive years from the period 1973-1976 , to he
      selected so that it corresponds to the most favourable per Lod for
      Member State ; these five-year averages will be corrected in proportion to
      the total thereof in relation to 100 ;
  - average for 1983-1986 .
  ( ii ) a " basic average" will be established from the average most favourable
  to each Member State , corresponding either to the period 1973-1976 or to
  the period of five consecutive years ; these figures will be corrected in
  proportion to the total thereof in relation to 100 .
  ( iii ) the relative share of each Member State in the allocation of the
           resources available will be fixed at the level of the arithmetic mean
           of the corrected basic average referred to at ( ii ) and the 1983-1986
           average referred to at ( i ).
  The Commission would stress that its proposals for the two regions do not
  prejudge the future position as stocks are gradually replenished .
  Given the complexity of the interests concerned the Commission also assumes
  that , in view of the shortage characterizing the situation in 1987 , Member
  States will take advantage of the scope for transfers under Article 3 of
  Regulation ( EEC ) N° 170 /83 so that their fishing capacity is used to
  optimum economic advantage , account being taken of the geographical balance
  between the various fishing activities .
. ICES Division Ilb ( Svalbard )
  - The 1986 figures were not used for the purpose of assessing structural
      trends : the adoption of unilateral measures by Norway during the fishing
      season seriously disturbed the activities of the Member States directly
      concerned .
 ---pagebreak---                                         - 4 -
    - The statistics for 1973-1986 correspond to those forwarded to the
      competent international scientific orqanizat ions for use in the latter 's
      analysis of the stock position and as a basis for their recommendations .
      The catch statistics for Portugal , however , do not indicate how the
      fishing capacity of that country has been used in the various areas of
      the North-Atlantic ; this being the case , the figures used represent a
      level of fishing effort not greater than that to which the Portuguese
      authorities agreed as a measure of voluntary restraint from 1983 onwards .
    - Since no fishing has been carried out since 1976 except by the Member
      States referred to in this proposal , the Commission considers it
      sufficient that a quota of 100 t be set aside for indirect cod fishing by
      Member States to whom no specific quota is allocated subject to the
      rights which they may claim under the 1920 Ireaty .
II . STOCKS IN THC NAFO ARCA
The statistics selected for the period 1973-1986 correspond to those forwarded
to the competent international scientific bodies ( NAFO ) as a basis for the
latter 's assessment of stocks and as a basis for their recommendations .
1 . Cod in divisions 203KL and 3N0
    These stocks are to be found partly in Canadian waters , that is , outside
    the NAFO area .  The proposed allocations thus include the catches allocated
    to Germany , France and the United Kingdom as fishing possibilities for 1987
    under the bilateral FFC/Canada Agreement .
2 . Cod in division 3M
    Since 1983 the condition of the stock has been particularly alarming and
    has led the scientific bodies to recommend a total ban tin fishing ; in view
    of economic and social considerations and in the light of the guidelines
    adopted within the NAFO , however , the Community has adopted the position
    that a certain minimum level of fishing activity should continue in 1987 .
    Until now the Community of Ten had accepted a quota of 2405t , the
    allocation of which was decided on in 1983 , although Spain had raised
    objections .
 ---pagebreak---                                      5
The proposed allocation therefore takes account of the allocation scheme
adopted for Germany , France and the United Kingdom since 1973 ; the balance
is shared out between Spain and Portugal on the basis of the allocation
scheme used for all the stocks concerned .
 ---pagebreak---                                PROPOSAL   FOR A
                    COUNCIL REGULATION ''EEC )
                    amending ( EEC ) Regulation Nr . 500 / 87
                    fixing for 1987 catch possibilities
                   for certain fish stocks and groups of fish stocks
        in the Regulatory Area as defined in the NAFO Convention
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community ,
Having regard to Council Regulation ( EEC ) No 170 / 83 of
25 January 1983 establishing a Community system for the
conservation and management of fishery resources (^), as amended
by the Act of Accession of Spain and Portugal , and in part : u 1 -ir
Article 11 thereof ,
Having regard to the proposal from the Commission ,
(*) 0J No L 2U , 27-1.1983 , p. 1 .
    \
 ---pagebreak---                                            - 2 -
Whereas Council Regulation ( EEC ) N° 500 /87 of 16 February 1987 ( 1 ) fixed
catch possibilities for 1987 for certain fish stocks and groups of fish
stocks in the Regulatory Area as defined in the NAFO Convention ;
Whereas , in accordance with Article 3 of Regulation ( EEC ) N° 170 /83 , it
falls to the Council to establish the total allowable catches ( TACs ) by
stock or group of stocks , the share available for the Community and also
the specific conditions under which the catches must be made , whereas , in
accordance with Article 4 of the said Regulation , the share available for
the Community is to be allocated between the Member States ;
Whereas catch quotas should be allocated where necessary between the Member
States in order to ensure rational management of resources for the
Community and compliance with such quantitative restrictions as are deemed
necessary ;
HAS ADOPTED THIS REGULATION
                                         Article 1
Annex 1 of Regulation ( EEC ) N° 500/87 is replaced by the Annex to this
Regulation .
                                         Article 2
This Regulation shall enter into force on the third day following that uf
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 ,
                                                                r or the Council
                                                                The President
 ( 1 ) 03 . M* L 51 , 16.2.1987 , p. 3 .
 ---pagebreak---                                                ANNEX I
                                Stock
                                                                      Mcmtxr Suie
                                                                                        1 9b7> quoi »
                                                                                            ( tonne»)
       Species        Geographical regions         Zone
                  North-west Atlantic      NAFO 2 J + 3 KL
                                                           Germany                         17.700
                                                           Spain                           18.420      ^
                                                           France                           2.900
                                                           Portugal                        28.780
                                                           United Kingdom                         700
                                                           Available for Member States             60
                                                           EEC total                       68.560 (1 )
                  North-west Atlantic      NAFO 3 NO        Belgium
                                                            Denmark
                                                           Germany                                 50
                                                           Greece
                                                           Spain                           21 . 860
                                                            France                                350
                                                            Ireland
                                                            Italy
                                                            Luxembourg
                                                            Netherlands
                                                            Portugal                          4.120
                                                            United Kingdom                          20
                                                            Available for Member States
                                                                                         I
                                                             EEC total
                                                                                         I 26 400
Cod               Nonh-west Atlantic        NAFO 3 M        Betgium
                                                            Denmark
                                                            Germany                               700
    '\                                                      Greece
                                                                                              2.050
                                                            Spain
                                                             France                               300
                                                            Ireland
                                                            Italy
                                                            Luxembourg
                                                            Necherlands
                                                            Portugal                          3.050
                                                            United Kingdom                    1 . 400
   -
                                                           Available for Member States
                                                           EEC cocal                        7 500
  ( 1 ) *-ess an^ quantity taken by Community vessels in the parts of NAFO sub-areas
         railing within areas of national fisheries jurisdiction .
 ---pagebreak---                         COUNCIL REGULATION ( EEC )
                      amending Regulation ( EEC ) No 4034/86 fixing ,
                   for certain fish stocks and groups of fish stocks ,
                           the total allowable catches for 1987
                and certain conditions under which they may be fished .
THE COUNCIL OF THE EUROPEAN CCM4UNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( CEE ) No 170/83 of 25 January 1983
establishing a Ccrrmunity system for the conservation and management of
fishery resources ( 1 ) , and in particular Article 11 thereof .
Having regard to the proposal from the Commission ,
Whereas under Article 3 of Regulation ( EEC ) No 170/83 it is incumbent upon
the Council to fix the total allowable catches by stock or group of stocks ,
the share available to the Ccrrmunity and the specific conditions for taking
those catches ; whereas , under the terms of Article 4 of that Regulation , the
share available to the Community is allocated among the Member States ;
Vhereas Regulation       ( EEC ) No 4034 /86 of 22 December 1986 ( 2 ) fixed ,     for
certain fish stocks and groups of fish stocks , the total allowable catches
for 1987 and certain conditions under which they may be fished ;
Whereas      Regulation   ( EEC ) No . 4034 /86 fixed the share available to the
Ccrrmunity for the stock of cod in the region of Spitzbergen and Bear Island
( ICES division lib ); whereas fishing on this Community share my take place
only after allocation to Member States ;
Whereas this allocation should take into account the level of                  fishing
activities carried out by the fleets of Member States on this stock,
HAS ADOPTED THIS REGULATION :
                                         Article 1
The figures relating to cod in ICES division lib in Annex II to Regulation
 ( EEC ) No . 4034 /86 are hereby replaced by those set out in the Annex to this
Regulation .
                                         Article 2
This Regulation shall enter into force on the day 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                 1987                                 For the Council ,
                                                             The President
 ( 1 ) O.J. No . L 24 , 27.01.1983 , p. 1
 ( 2 ) O.J. No . L 376, 31.12.1986, p. 39
DISK S (TAC&QU/l ° )
 ---pagebreak---                           ANNEX
            Stock
        C eographi ca 1 ICES division   Member State 1°P7 quota
Species regions         or NATO zone                  ( tonnes )
Cod     Spitzberge and     II b       C ermany           3.200
        Bear Island                   France             1 . POO
                                      Portuga 1          2.300
                                      Spain             10 . POO
                                      United Kingdom     ? . 700
                                      Available for
                                      other Member
                                      States                 100
                                      EEC Total         21 . 000
 ---pagebreak--- Statement concerning the impact of certain legislative acts on small and
medium-sized undertakings and employment
     1.  ADMINISTRATIVE OBLIGATIONS ARISING FOR UNDERTAKINGS AS A RESULT OF
         APPLICATION OF THE LEGISLATION
         - Licence applications , licences to be kept on board
         - Catch reporting
     2-  ADVANTAGES FOR THE UNDERTAKING
         - YES /H
         - IF SO ,  SPECIFY :
         - Provision of fishing possibilities outside Community waters
     3.  OBLIGATIONS OF THE UNDERTAKING
         ( additional costs )
         - YES/ff NO
         - IF SO , SPECIFY :
     4.  EFFECT ON EMPLOYMENT
         - positive
     5.  WAS THERE PRIOR CONSULTATINO WITH EMPLOYERS AND UNION
         REPRESENTATIVES ?
         - YES / iM v ia Member States
         - OPINION OF THESE REPRESENTATIVES
          - Globally favourable
     6-  IS THERE AN ALTERNATIVE , LESS RESTRICTIVE APPROACH ?
          No .