Council Regulation (EC) No 65/98 of 19 December 1997 fixing, for certain stocks of highly migratory fish, the total allowable catches for 1998, their distribution in quotas to Member States and certain conditions under which they may be fished

COUNCIL REGULATION (EC) No 65/98 of 19 December 1997 fixing, for certain stocks of highly migratory fish, the total allowable catches for 1998, their distribution in quotas to Member States and certain conditions under which they may be fished
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 (1) and in particular Article 8(4) thereof,
Having regard to the proposal from the Commission,
Whereas under the terms of Article 8(4) of Regulation (EEC) No 3760/92, it is incumbent upon the Council, in accordance with Article 4, to establish the total allowable catches (TAC) by fishery or group of fisheries;
Whereas the Community has signed 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 of the sea; whereas, in the framework of its wider international obligations, the Community participates in efforts arising in international waters to conserve fish stocks;
Whereas the International Commission for the Conservation of Atlantic Tunas (ICCAT) has recommended the setting of catch limitations for bluefin tuna in the Mediterranean and in the Atlantic and for swordfish in the Atlantic; whereas those recommendations are binding upon some Member States which are members of that Commission; whereas, in view of the exclusive Community competence for the conservation of living marine resources it is appropriate for the Community to implement those recommendations;
Whereas fishing opportunities should be allocated to Member States in accordance with Article 8(4)(ii);
Whereas, in accordance with the provisions laid down in Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996, introducing additional conditions for year-to-year management of TACs and quotas (2), it is necessary to indicate which stocks are subject to the various measures fixed therein;
Whereas, in order to ensure effective management of these TACs, the specific conditions under which fishing operations occur should be established;
Whereas, in accordance with Article 40 of Council Regulation (EC) No 2847/93 of 12 October 1993, establishing a control system applicable to the common fisheries policy (3), Member States are exempted from the obligations stipulated in Articles 6, 8 and 19 of that Regulation (logbook and related provisions) as far as they concern fishing operations in the Mediterranean; whereas it becomes therefore imperative that, in order to comply with this Regulation, rules on catch registration and notification should be set out for those fishing operations;
Whereas the figures for catches of bluefin tuna by certain Member States may be revised by ICCAT on the basis of new estimates to be supplied by those Member States; whereas it is therefore appropriate to authorize the Commission to adjust the quotas allocated for bluefin tuna on a provisional basis under certain conditions,