CELEX: 51993PC0065
Language: en
Date: 1993-03-11
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) n° 2245/85 laying down certain technical measures for the conservation of fish stocks in the Antarctic

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 C0M(93) 65 final
                                                 Brussels, 11 March 1993
                                 Proposal for a
                            COUNCIL REGULATION (EEC)
      aroeniing Regulation (EEC) n° 2245/85 laying down certain tecimical
         jaaasmrW! tor the conservation of fish stocks in the Antarctic
                         (presented by the Commission)
TT
 ---pagebreak---                                KXPLAMATCRy M*t3RfcNTXH
On 10 November 1992 the Commission for the Conservation of Antarctic
Marine Living Resources (OCAMm) notified contracting Parties of the
ocoTservatian measure adopted at the 1992 Annual testing held in Hdbart
in the period 26 October-6 November 1992.
Ihese conservation measures which are based on the scientific advice
submitted by CCftMLR's Scientific Oommittee, reflect conservation measures
adopted fcy CCAMER in previous years. Hiey involve, notably, the fixing
Of TACs for the species Euphausla superb*,         Disso^tlclms eleginoides and
eiactiron*  caarlsbergl     for the 1992/93 fishing season. Other measures
relate to closed seasons and prohibition on directed fisheries for
certain stocks.         'In* measures concern essentially EAO Antarctic sub-
area 48.3 i.e. the waters around South-Georgia, where the major
concentrations of fish stocks occur.
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 Cantracting Parties on 10 May 1993.
In view of the agreement between the members of OCAMLR and the importance
of these conservation measures for the fish stocks concerned, the
Ccnnnunity 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---                                 PROPOSAL FORA
                        COUNCIL REFUTATION (EEC)
                                   of
    amending Regulation (EEC) n° 2245/85 laying down certain technical
       measures for the conservation of fish stocks in the Antarctic
 1HE COUNCIL OF THE EUROREftN CX^MUNTTIES,
 Having regard to the Treaty establishing the European Economic community,
 Having regard to Council Regulation (EEC) N° 3760/82 of 20 December 1992
 establishing a Community system for fisheries and ao^tacwltureC1), and in
particular Article 8(4) thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 4 of Regulation (EEC) N° 3760/82, the
conservation measures necessary to achieve the aims set out in Article 2
of that Regulation are to be formulated in the lig£t of the available
biological and technical analyses;
Whereas the Oonvention an the Conservation of Antarctic Marine Living
Resources, hereinafter called "the Conventionn, was approved by Council
Decision 8l/69l/EBc(2) ; whereas it entered into force for the Community
on 21 May 1982;
Whereas the Commission for the Conservation of Antarctic Marine Living
Resources (OCAMLR), established by the Convention, adopted, on * the
recommendation of its Scientific committee, certain conservation measures
applicable in particular to the fish stocks ot^curing in the waters off
South Georgia;
Whereas these conservation measures were notified to the members of the
CCAMER on 10 November 1992; whereas, in the absence of objections to the
measures, they become binding on 10 May 1993 under Article IX (6) of the
convention;
(-1)   QJ N" l. :*H9 ot 31.12.1992, p-1
(2)    OT N° T. 9M2 of 5,9.1981, p. 26
 ---pagebreak---  Whereas the members of the OCAMLR stated that they intended to açply
these conservation weeaures on a provisional basis, without waiting
until they became binding, in view of the fact that certain of the
conservation measures relate to fishing seasons which ccwraenoed on or
after 1 July 1992;
Whereas, therefore, the necessary provisions should now be laid down to
ensure that the œiiservation aeasures adopted by the OCS&LR are applied
to Ocummity fishermen wit±i effect from the relevant dates;
Whereas, pursuant to Article 4 of Regulation (EEC) N° 3760/92, it is for
the Oouncil to establish measures for each fishery or group of
fisheries;
Whereas the fishing activities referred to in this Regulation are
subject to the control measures provided for in Council Regulation (EEC)
N° 2241/87 of 23 July 1987 establishing certain control measures for
fishing activities f 1 ), as amenripd by Regulation (EEC) N° 3483/88 (2) ;
Whereas Council Regulation (EEC) N p 2245/85 of 2 August 1985 laying
down certain technical measures for the conservation of fish stocks in
the Antarctic(3), as last amended by Regulation (EEC) N° 2004/92(4),
should be amended accordingly,
HAS ADOPTED ÎHIS RH57T ATTON:
                                              Article 1
Regulation (EEC) N°     2245/85 is hereby ammpnded as follows
1. Articles 2, 2a, and 2b are replaced by the following :
(1)    OJ N° L 207 o f   29.7.1987, p . I
(2)    OJ N° L 306 o f   11.11.1988, p . 2
O)     ÔJ H° f. 210 of   7 . 8 . 1 9 3 5 , p..2
(4)    CX7 N" L 203 o f   21.7.1992, p . i
 ---pagebreak---  l»rohibition on fishing (*)
1.      Directed fishing for auwipsocephalus gunnari, Patagonotothen
        brevicauda guntheri, Notothenia rossii, Notothenia gibberifrons,
        Chaenocephalus aceratus, Pseudochaenichthys georgianus and
        Notothenia squamifrons in FAO Antarctic sub-area 48.3 (South
        Georgia) shall be prohibited for two years from 6 November 1992,
        except for scientific research purposes.
2.      Directed fishing for finfish in FAO Antarctic sub-areas 48.1 and
        48.2 shall be prohibited in the 1992/93 season except for
        scientific research purposes.
Article  2a
 Catch limitations (*)
   1.   The total catch of Electrona carlsbergi in the period 6 November
        1992 to 5 November 1993 shall be limited to 245 000 tonnes in FAO
        Antarctic subarea 48.3.
        In addition, the total catch of Electrona carlsbergi in the same
        period shall be limited to 53 000 tonnes in the Shag Rocks
        region, defined as the area bounded by a line joining the
        following points; 52°30'S, 40°W; 52°30'S, 44°W; 54°30'S, 40°W and
        54°30'S, 44°W.
  2.    In the course of fishing in FAO Antarctic sub-area 48.3, by-
        catches   of    Notothenia    rossii,   Notothenia   squamifrons,
        Chaenocephalus aceratus and Pseudochaenichthys georgianus shall
        be limited to 300 tonnes for each species and by-catches of
        Notothenia gibberifrons and Chaenocephalus aceratus shall be
        limited to 1 470 tonnes and 2 200 tonnes respectively.
  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 foreseen or if total catches of Electrona carlsbergi
        reach 245 000 tonnes, whichever happens first.
  4     The fishery in the Shag Rocks region shall close if the by-catch
        of any of the species named in paragraph 2 above reaches their
        by-catch limit or the total catches of Electrona carlsbergi reach
        53 000 tonnes, whichever happens first.
  5i.   Catches of Dissostichus Eleginoides taken in the FÂO Antarctic
        sub-area 48.3 in the period 6 December 1992 to 5 November 1993
        shall be limited to a TAC of 3 350 tonnes.
 ---pagebreak---    (,.   Catches of Huptvnisia supeHM taken in FAO Antarctic Area 48 shall
         tx> lirai toi to 1.5 million tonnes in the period 1 July 1992 to
         30 June 1«)93.
   7.    Catches of Oiampsocepha lus gunnari taken in FAO Antarctic sub-
         area 48.3 in the period 6 November 1992 to 31 March 1993 shall.be
         limited to 9 200 tonnes. Directed fisheries for the species are
         prohibited in the period 1 April to 5 November 1993.
   8.    Catches of Notothenia squamifrons in FAO Antarctic division 58.4.4
          (Ob and Iena Banks) in the two year period from 6 November 1992
         shall be limited to a TAC of 1 150 tonnes, of which a maximum of
         715 tonnes may be taken on Lena Bank and 435 tonnes on Ob Bank.
   9.    The date on which the catches taken by Community vessels or the
         other vessels concerned are deemed to have exhausted the TAC
         specified in paragraphs 1 to 8 shall be fixed by the Commission
         pursuant to Article 11 (3) of Regulation (EEC) n° 2241/87 as soon
         as the required information is received from the OCAMLR.
   10.   With effect from the date fixed pursuant to paragraph 9_, 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 tliat date.
Ai-ticle   2b
 Catch reports(*)
   1. Catches of Patagonotothen brevicauda guntheri, Champsocephalus
         gunnari, Dissosthicus Elegenoides, Notothenia rossii, Notothenia
         gibberifrons,     Chaenocephaliis  aceratus,   Pseudochaenichthys
         georgianus, Electrona carlsbergi in FAO Antarctic sub-area 48.3
         and Euphasia superba in FAO Antarctic area 48 shall be the
         subject of reports in accordance with this Article, without
         prejudice to the application of Articles 5 to 9 of Regulation
         (EEC) N° 2241/87.
   2.    Total catches, broken down by vessels, which were made by
         Community vessels in the period between 1 July 1992 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 œno^rned are registered or whose flag they
         fly.
(*)      The FAO zones mentioned in this Regulation are defined in
         Commission communication 85/C335/02, (OJ N° C335, 24.12.1985,
         p. 2)
 ---pagebreak---         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.
       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 OCAMLR of the total catches made by the Cornniunity
       vessels in the preceding reporting period."
                                      Article 2
This Regulation shall enter into force on the third day following 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
                For ttoe Oouracil
                The P r e s i d e n t
 ---pagebreak---  ---pagebreak---                                                                          ....       ^
                                                                     ISSN 0254-1475
                                                               COM(93) 65 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-93-110-EN-C
                                                             ISBN 92-77-53539-3
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