CELEX: 51991PC0099
Language: en
Date: 1991-04-15
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2245/85 LAYING DOWN CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISH STOCKS IN THE ANTARCTIC

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0MC91) 99 final
                                               Brussels, 15 April 1991
                              Proposal for a
                        COUNCIL REGULATION (EEC)
  amending Regulation (EEC) No 2245/85 laying down certain technical
     measures for the conservation of fish stocks in the Antarctic
                      (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                         - 2
                             EXPLANATORY MEMORANDUM
 On 7 November     1990 the Commission    for the Conservation of Antarctic
 Marine Living Resources      (CCAMLR) notified Contracting Parties of the
 conservation measures adopted at the 1990 Annual Meeting held In Hobart
  In the period 22 October-2 November 1990.
 These conservation measures which are based on the scientific advice
 submitted by CCAMLR's Scientific Committee, reflect conservation measures
 adopted by CCAMLR In previous years.       They Involve, notably, the fixing
 of    TACs  for  the  species    Champsocephalus gunnarl     and   Dlssostlchus
 eleglnoldes   for the 1990/91 fishing season.      Other measures relate to
 mesh sizes, closed seasons, prohibition on directed fisheries for certain
 stocks and the introduction of catch reporting systems.           The measures
 concern FAO Antarctic sub-area 48.3, i.e. the waters around South-Georgia,
 where the major concentrations of fish stocks occurs.
 Pursuant to Article    IX(6)(b) of the Convention on the Conservation of
Antarctic Marine Living Resources, these measures will       become binding on
all the Contracting Parties on 7 May 1991, as they were accepted by all
Members of the CCAMLR before 7 February 1991.
 In view of the agreement between the members of CCAMLR and the Importance
of    these conservation   measures   for this fish    stocks   concerned, the
Community Is called upon to apply these measures to Community fishermen
Immediately.
The purpose of this Regulation Is to Implement these recommendations by
amending the existing Regulation laying down certain technical measures
for the conservation of fish stocks in the Antarctic.
 ---pagebreak---                                        - 3 -
                                Proposal for a
                          COUNCIL REGULATION (EEC)
    amending Regulation (EEC) No 2245/85 laying down certain technical
       measures for the conservation of fish stocks in the Antarctic
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^1), as amended by the Act of Accession of Spain and
Portugal, and In particular Article 11 thereof,
Having regard to the proposal from the Commission,
Whereas,    pursuant   to Article    2 of    Regulation    (EEC) No    170/83, the
conservation measures necessary to achieve the aims set out In Article 1
of that Regulation are to be formulated           In the light of the available
scientific advice;
Whereas the Convention on the Conservation of Antarctic Marine Living
Resources, hereinafter called "the Convention", was approved by Council
Decision 81/691/EEC^2^; whereas it entered Into force for the Community
on 21 May 1982;
Whereas the Commission for the Conservation of Antarctic Marine Living
Resources    (CCAMLR),   established    by   the   Convention,   adopted,   on  the
recommendation of Its Scientific Committee, conservation measures for the
waters off South Georgia, providing for         a total allowable catch QA^JLfll
26 000 tonnes of. Champsocephalus ounnar I for the l^âfîLdSl fishing, year and
a  TAC   of   2  500 tonnes    of  PJUftSfiaUfihuafile^jjipjjflfiâ,for  the  ported
(1)     0J No L 24, 27.1.Î9S3, p. 1.
C2)     OJ No L 252, 5.9.1981r p. 26.
 ---pagebreak---                                            - 4 -
commencing    2 November     1990,   a   prohibition     on   directed    fishing   for
Patagonotothen       brevicauda        guntherf,       Notothenla        glbberlfrons,
Chaenocephalus    aceratus.     Pseudochaenlchthvs      oeorolanus    and   NOtQthenla
sauamlfrons    for    the   whole   of    the   1990/91     fishing    year   and   for
ChamPSQCePhalUS     gunnarl    from    1  April   1991    to   4  November    1991, a
 limitation of 500 tonnes on by-catches of Notothenla             olbberIfrons and a
 limitation   of   300    tonnes    on    by-catches     of   Notothenla       rosslI.
ChaenoCfiOhalUS aceratUS and Pseudochaenlchthvs georglanus. a restriction
 to 5% of by-catches per haul of any one of those species and a catch
reporting system for the 1990/91 fishing year;
Whereas these conservation measures were notified to the members of the
CCAMLR on 7 November 1990; whereas, in the absence of objections to the
measures, they become binding on 7 May 1991 under Article IX (6) of the
Convent Ion;
Whereas the members of the CCAMLR stated that               they   Intended to apply
 these conservation measures on a provisional basis, without waiting until
 they became binding, In view of the fact that the TAC for Champsocephalus
çunnarI   and   the   prohibition    on    directed    fishing   for    Pataoonotothen
brevicauda guntheH, Notothenla gibberIfrons. Chaenocephalus aceratus.
Pseudochaenlchthvs oeoroianus and Notothenla SQUamlfronS were fixed for
 the 1990/91 fishing year which began on 1 July 1990, and the TAC for
Dtssothlchus    Elog I no I des began on 2 November 1990;
Whereas, therefore, the necessary provisions should now be laid down to
ensure that the conservation measures adopted by the CCAMLR are applied
to Community fishermen;
Whereas, pursuant to Article 3 of Regulation (EEC) No              170/83, It is for
 the Council to establish the TAC per stock or group of stocks, the share
available   to the Community,       and    the specific     conditions under      which
catches have to be taken-,
Whereas the fishing activities referred to In this Regulation are subject
to   the  control    measures    provided     for   In   Council    Regulation    (EEC)
No 2241/87 of 23 July        1987 establishing      certain control measures for
fishing activities^3), as amended by Regulation (EEC) No              3483/88(4>;
(3)     OJ No L 207, 29.7.1987, p. 1.
(4)     OJ No L 306, 11.11.1988, p. 2.
 ---pagebreak---                                       - 5 -
Whereas the TAC adopted by the CCAMLR for ChampsocephaI us       ounnarI covers
the entire 1990/91 fishing year; whereas Member States should therefore
also communicate to the Commission the catches taken by their vessels
between 1 July 1990 and the date on which this Regulation enters into
force;
Whereas Council Regulation (EEC) No 2245/85        f as last amended by Regulation
                   (6)
(EEC) No   1589/90     , should be amended accordingly,
HAS ADOPTED THIS REGULATION:
                                      Article 1
Regulation (EEC) No 2245/85 Is hereby amended         as follows :
1. Articles 2,2a, and 2b are replaced by the following :
                                     "Article 2
 Prohibition on fishing     (*)
1.     Directed     fishing     for    PataqonotOthen    brevicauda    quntheri.
       Notothenla      rossll,    Notothenla    albberifrons.    Chaenocephalus
       aceratus. PseUdOChaenlChthYS georglanUS and Notothenla sauamlfrons
        In FA0 Antarctic sub-area 48.3 (South Georgia) shall be prohibited
       from 1 July 1990 to 30 June 1991.
2.     Directed   fishing for Champsocephaius ounnar i off        South Georgia
       (FAO Antarctic sub-area 48.3) shall be prohibited from 1 April to
       4 November 1991.
(5)    OJ No L 210, 7.8.1985, p. 2.
(6)    OJ Wo L 151, 15.6.1990, p. 5,
 ---pagebreak---                                         - 6 -
       During    this    period,    fishing     for   ChampsocephaI us     ounnar I.
       Notothenla     rosslI,    Notothenla       glbberlfrons.     chaenocephalus
       aceratus. PseudochaenlchthYs georglanus and Notothenla souamifrons
       shall be prohibited      in FAO Antarctic sub-area 48.3, except for
       scientific research purposes.
3.     Directed fishing for flnflsh In FAO Antarctic sub-areas 48.1 and
       48.2   shall   be   prohibited     In  the   1990/91    season  except   for
       scientific research purposes.
                                       Article 2a
 Catch I Imitâtlons(*)
   1.  Catches of ChampsocephaI us ounnarI taken In the FAO Antarctic sub-
       area 48.3    in the period 1 July 1990 to 30 June 1991 shall be
        limited to a TAC of 26 000 tonnes.
   2.   In the course     of  fishing    in FAO Antarctic       sub-area  48.3 for
       Champsocephalus      gunnar I.    by-catches     of    Notothenla    rossll,
       Chaenocephalus aceratus and PseudOChaenlChthYS georglanUS sha11 be
        limited   to  300    tonnes   for    each   species    and  by-catches   of
       Notothenla    glbberlfrons shall be limited to 500 tonnes.
   3.  Fishing In FAO Antarctic sub-area 48.3 shall be terminated If by-
       catches of one of the species listed in paragraph 2 reach the by-
       catch limits provided for or if total catches of Champsocephalus
       gunnarI reach 26 000 tonnes, whichever happens first.
   4.  Catches of Dissostichus Eleglnoldes taken            In the FAO Antarctic
       sub-area 48.3 In the period 2 November           1990 to 1 November 1991
       shall be limited to a TAC of 2 500 tonnes.
   5.  The date on which the catches taken by Community vessels or the
       other   vessel s   concerned   are deemed     to have exhausted      the TAC
       specified in paragraphs 1 to 4 shall be fixed by the Commission
       pursuant to Article 11(3) of Regulation (EEC) No 2241/87 as soon as
       the required information is received from the CCAMLR.
 ---pagebreak---                                       - 7 -
 6.   With effect    from the date fixed pursuant      to paragraph 5, all
      fishing   for  the species concerned shall     be prohibited   in FAO
      Antarctic   sub-area  48.3 and Community     vessels  shall  cease to
      retain on board, tranship or land any catches of this fish taken
      In that sub-area after that date.
 7.    If, In the course of directed fishing for ChamPSQCePhalUS flUnnarI,
      the by-catch of any of the species listed at paragraph 2 exceeds
      5% of the haul, the fishing vessels shall move to another fishing
      area In FAO Antarctic sub-area 48.3.
 8.   The use of bottom trawls for directed fishing for Champsocephalus
      gunnarI within FAO Antarctic sub-area 48.3 shall be prohibited.
                                    Article 2b
Catch reports^*)
 1.   catches of Patagonotothen brevicauda guntherl. Champsocephalus
      gunnar I. Plssosthlcus Elegenoldes, Notothenla rosslI, Notothenla
      glbberlfrons, Chaenocephalus aceratus and PseudochaenfchthYs
      georglanus in FAO Antarctic sub-area 48.3 shall be the subject of
      reports In accordance with this Article, without prejudice to the
      application of Articles 5 to 9 of Regulation (EEC) No 2241/87.
 2.   Total   catches,   broken  down   by  vessels,  which   were  made by
      Community vessels In the period between 1 July 1990 and the end of
      the   first month   following   the month  In which   this Regulation
      enters Into force shall, within 10 days of the end of that period,
      be notified to the Commission by the Member States In which the
      vessels concerned are registered or whose flag they fly.
 ---pagebreak---                                         - 8 -
     3.  For the purposes of reporting the catches taken after the period
         referred to In paragraph 2, each calendar month shall be divided
         Into six reporting periods designated by the letters A, B, C, D, E
         and F and running from day 1 to day 5, day 6 to day 10, day 11 to
         day 15, day 16 to day 20, day 21 to day 25 and day 26 to the last
         day of the month, respectively.
         At the latest within three days of each reporting period, each
         Member State shall notify the Commission of the total catches,
         broken down by vessels, that      the vessels   flying  its flag or
         registered In Its territory have made in the preceding reporting
         period, specifying the month and reporting period concerned.
    4.   On the basis of the Information received pursuant to paragraphs 2
         and 3, the Commission shall, at the end of each reporting period,
         Inform the CCAMLR of the total      catches made by the Community
         vessels in the preceding reporting period.
    (*)   The FAO zones mentioned in this Regulation are defined in
          Commission communication 85/C 335/02, (OJ No C 335, 24.12.1985,
         p. 2 ) M .
2. The Annex Is amended as follows :
The minimum mesh size provided for In Article 3 relating to fishing for
ChamPSOCePhaI US gunnarl Is replaced by 90 mm with effect from 1 November
1991.
 ---pagebreak---                                   - 9 -
                               Article 2
This Regulation shall enter into force on the third 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
 ---pagebreak---                                      -   ic-
COMPETITIYENESS. A M EMPLOYMENT IMPACT STATEMENT
The object of this proposal is to adopt conservation measures relating to
fish stocks in Antarctic waters in accordance with the decisions of the
responsible International organisation, CCAMLR, of which the Community is
a Party.
Since no Community vessels currently fish In those waters, the proposal
In question will have no Impact on competition or employment.
RAPPORT D£ L'IMPACT SUR LA COMPETITIVITE £1 L'EMELQl
L'objet de cette proposition est d'adopter des mesures de conservation
pour les stocks de poissons évoluant dans les eaux de l'Antarctique suite
aux   décisions    prises    au   sein     de   l'organisation   Internationale
responsable, CCAMLR, dont la Communauté est partie contractante.
Cette  proposition    n'aura   aucun   impact   sur  la  compétitivité  ni  sur
l'emploi   au  ni eau  de   la Communauté     puIsqu'actuellement   les navires
communautaires ne pèchent pas dans ces eaux.
 ---pagebreak---                                                                                 ISSN 0254-1475
                                                                    COM(91) 99 final
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