CELEX: 51996PC0661
Language: en
Date: 1996-12-12
Title: Proposal for a COUNCIL REGULATION (EC) allocating for 1997 catch quotas between Member States for vessels fishing in Lithuanian waters

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       Brussels, 12.12.1996
                                       COM(%)661 final
                        Proposal for a
              COUNCIL REGULATION (EC)
allocating for 1997 catch quotas between Member States
         for vessels fishing in Lithuanian waters
               (presented by the Commission)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
Consultations between the Community and Lithuania took place in Vilnius from 4 to 5
November 1996 and resulted in an agreement defining a reciprocal fisheries arrangement for
1997.
These consultations were held on the basis of the new framework Agreement on Fisheries
Relations between the European Community and the Republic of Lithuania, concluded on ....
                  This new Agreement, on the date of its entry into force, replaces the previous
fisheries agreements concluded with Lithuania by the Community, as constituted before
enlargement, and by Sweden and Finland respectively.
Taking into account that the annual consultations occurred prior to the ratification of the
Agreement on Fisheries Relations being terminated, the fisheries arrangement agreed for 1997
will only be implemented from the date of its entry into force.
The fisheries arrangement for 1997 provides for, inter alia, certain catch quotas for
Community vessels in the Lithuanianfishingzone in theframeworkof the exchange of fishing
possibilities and reciprocal access quotas.
The purpose of this proposal for a regulation is to allocate among Member States the quotas
available in 1997 to Community vessels fishing in the Lithuanian zone under the above
mentioned arrangement.
Thefisheriesarrangement agreed with Lithuania for 1997 has been negotiated on behalf of the
enlarged Community. The fishing possibilities now obtained by the enlarged Community are
distributed among Member States on the basis of the traditional fishing pattern in the Baltic
Sea before the entry into force of the new Agreement, when Denmark, Finland, Germany and
Sweden were the only Member States withfishingrights in the region. Therefore, the fishing
possibilities cannot be considered as "new" in the sense of Article 8 of Regulation (EEC)
No 3760/92, as they result from the amalgamation of the existing fishing possibilities under
the previousfisheriesagreements concluded with Lithuania by the Community, as constituted
before enlargement, and by Sweden and Finland respectively.
As a consequence of the Act of Accession of Austria, Finland and Sweden to the European
Union, in particular Article 121, paragraph 1, footnote 9 of the table, Member States of the
Community, as constituted before enlargement, have been compensated for their lower share
of the cod stock up to the level required by the Council Declaration.
Lithuania is compensated for the quotas obtained in its waters by way of a financial
contribution of ECU 1,041,048, in accordance with Article 4 of the Agreement on Fisheries
 Relations between the European Community and the Republic of Lithuania.
                                                z.
 ---pagebreak---                                            Proposal for a
                        COUNCIL REGULATION (EC) No                    /96
                                       of.... December 1996
                allocating for 1997 catch quotas between Member States
                           for vessels fishing in Lithuanian waters
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 aquaculture(I), as amended by the Act of Accession of
Austria, Finland and Sweden, and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in the Agreement on Fisheries
Relations between the European Community and the Republic of Lithuania(2), concluded on
                    , and in particular Articles 3 and 6 thereof, the Community and Lithuania
have held consultations concerning their mutual fishing rights for 1997 and the management
of common living resources;
Whereas, in the course of these consultations, the delegations agreed to recommend to their
respective authorities that certain catch quotas for 1997 should be fixed for the vessels of the
other Party;
Whereas the necessary measures should be taken to implement, for 1997, the results of the
consultations held with Lithuania;
Whereas to ensure efficient management of the catch possibilities available in Lithuanian
waters, quotas should be allocated among Member States in accordance with Article 8 of
Council Regulation (EEC) No 3760/92;
Whereas the fishing activities covered by this Regulation are subject to the control measures
provided for by Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a
control system applicable to the common fisheries policy*3*;
Whereas additional conditions for the year-to-year management of TACs and quotas, in
accordance with the provisions laid down in Article 2 of Council Regulation (EC)
No 847/96(4), were not agreed with Lithuania;
(1)
        OJ No L 389, 31.12.1992, p. 1.
(2)
        OJ No C 284, 27.9.1996, p. 8.
(3)
        OJ No L 261, 20.10.1993, p. 1.
(4)
        OJ No L 115, 9.5.1996, p. 3.
                                                Z
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                          Article J
From 1 January to 31 December 1997 vessels flying the flag of a Member State are hereby
authorised to make catches within the quota limits set out in the Annex in waters falling within
thefisheriesjurisdiction of Lithuania.
                                          Article 2
Thefinancialcontribution provided for in Article 4 of the Agreement on Fisheries Relations
between the European Community and the Republic of Lithuania shall be set for the period
referred to in Article 1 at ECU 1,041,048, payable to an account designated by Lithuania.
                                          Article 3
Stocks referred to in the Annex shall not be subject to the conditions stipulated in Articles 2,
3 and 5 (2) of Council Regulation (EC) No 847/96.
                                          Article 4
This Regulation shall enter into force on 1 January 1997.
        This Regulation shall be binding in its entirety and directly applicable in all Member
        States.
        Done at Brussels, .... December 1996.
                                                              For the Council
                                                              The President
 ---pagebreak---                                         ANNEX
        Allocation of Community catch quotas in Lithuanian waters for 1997
     (in metric tonnes, fresh round weight; for salmon: numbers of individual fish)
                          ICES           Community               Quotas allocated
    Species
                        division         catch quotas           to Member States
      Cod                  nid                1,675         Denmark                (755)
                                                            Finland                 (35)
                                                            Germany                (330)
                                                            Sweden                 (555)
    Herring                 Hid               3,000         Denmark                (755)
                                                            Finland                (375)
                                                            Germany                (570)
                                                            Sweden               (1,300)
    Salmon                  nid              4,100(,)       Denmark            (1,110)(,)
                                                            Finland            (1,385)(,)
                                                            Germany              (125)(,)
                                                            Sweden             (l,480)(l)
     Sprat                  Hid              12,000         Denmark              (3,795)
                                                            Finland              (1,540)
                                                            Germany              (1,010)
                                                            Sweden               (5,655)
(1)
      Number of individual fish.
                                           r
 ---pagebreak---                      FINANCIAL STATEMENT
1. TITLE:          Proposal for a Council Regulation allocating for 1997 catch quotas
                   between Member States for vessels fishing in Lithuanian waters.
2. BUDGETARY LINE CONCERNED:                     B7-800
3. LEGAL BASIS:           Article 8 (4) of Council Regulation (EEC) No 3760/92
4. DESCRIPTION:
   4.1    General objectives:
           •       maintain and develop the traditional activity of Community fishermen
                   in Lithuanian waters;
          •        supply the Community market; and
           •       decrease the fishing effort in Community waters.
   4.2    Period covered:         Year 1997
5. CLASSIFICATION OF EXPENDITURE:
   5.1    DO
   5.2    CD
6. TYPE OF EXPENDITURE:
   Financial compensation paid for fishing possibilities in Lithuanian waters.
7. FINANCIAL CONSEQUENCES:                        ECU 1,041,048
   The financial compensation provided for in Article 4 of the Agreement has been
   negotiated on the basis of average landing prices for 1995 in Community ports in the
   Baltic Sea. A deduction has been made for estimated fleet exploitation costs for each
   of the species.
 ---pagebreak---         7.1      Method of calculation:
                                        COD           SALMON         HERRING           SPRAT
                                                          20.5
 Quota obtained (in tonnes)             3,500                            3,000          12,000
                                                     (4,100 units)
  Weighted average landing prices
                                         967             2,906          152.74           81.83
  1995 (ECU/tonne)
 Market value (in ECUs)               3,385,000         59,573         458,220         981,960
 Negotiated (percentage)                 25%              25%           12.5%           12.5%
  In ECUs                              846,125           14,893         57,270         122,760
                   Total financial compensation (Article 4): ECU 1,041,048
                                  Average price ECU/tonne: 56.21
        ANTI-FRAUD PROVISIONS:
        The financial contribution granted by the Community is utilised by Lithuania to
        develop its fisheries sector in accordance with Article 4 of the Agreement. The amount
        is administered by the Ministry of Agriculture together with the Ministry of
        Environmental Protection of the Republic of Lithuania.
        ELEMENTS OF COST/BENEFIT ANALYSIS:
        The Community fleet in the Baltic Sea has been severely hit by reductions in catch
        possibilities, mainly due to biological factors (low salinity of the water and the M-74
        disease) and pollution of the water. Any increase in fishing possibilities above current
        critical catch levels will contribute towards preventing the fleet, and connected
        industries and services ashore, from collapsing and disappearing. This will also avoid,
        to a certain extent, payments under lay-up schemes or social programmes.
        Experience has taught us that the financial compensation, similar to that paid in 1996,
        has mainly been used by Lithuania for the continued improvement of scientific
        research on fisheries and the training of fisheries managers. This has entailed improved
        scientific assessment and enforcement in the fishery zone of Lithuania and has
        contributed to a more rational exploitation of the stocks, to the benefit of all concerned
        in the Baltic Sea.
        The expenses proposed are foreseen in the budgetary planning for the period
        concerned.
10.     ADMINISTRATIVE EXPENSES:
        The proposal does not require new Commission staff or additional administrative costs.
                                                 }
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 661 final
                                             DOCUMENTS
EN                                                                  03   11 01
                                    Catalogue number : CB-CO-96-673-EN-C
                                                             ISBN 92-78-13331-0
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