Council Regulation (EEC) No 2810/91 of 23 September 1991 amending Regulation (EEC) No 2245/85 laying down certain technical measures for the conservation of fish stocks in the Antarctic

COUNCIL REGULATION (EEC) No 2810/91  of 23 September 1991  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 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 (TAC) of 26 000 tonnes of Champsocephalus gunnari for the 1990/91 fishing year and a TAC of 2 500 tonnes of Dissostichus eleginoides for the period beginning on 2 November 1990, a prohibition on directed fishing for Patagonotothen  brevicauda guntheri, Notothenia gibberifrons, Chaenocephalus aceratus, Pseudochaenichthys georgianus and Notothenia squamifrons for the whole of the 1990/91 fishing year and for Champsocephalus gunnari from 1 April to 4 November 1991, a limitation of  500 tonnes on by-catches of Notothenia gibberifrons and a limitation of 300 tonnes on by-catches of Notothenia rossii, Chaenocephalus aceratus and Pseudochaenichthys georgianus, 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 became binding on 7 May 1991 under Article IX (6) of the Convention;
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 gunnari and the prohibition on  directed fishing for Patagonotothen brevicauda guntheri, Notothenia gibberifrons, Chaenocephalus aceratus, Pseudochaenichthys georgianus and Notothenia squamifrons were fixed for the 1990/91 fishing year which began on 1 July 1990, and the TAC for  Dissotichus eleginoides 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);
Whereas the TAC adopted by the CCAMLR for Champsocephalus gunnari 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 Regulation (EEC) No 2245/85 (5), as last amended by Regulation (EEC) No 1589/90 (6), should be amended accordingly,