Commission Regulation (EC) No 1957/98 of 15 September 1998 adapting certain fish quotas for 1998 pursuant to Council Regulation (EC) No 847/96 introducing additional conditions for year-to-year management of TACs and quotas

COMMISSION REGULATION (EC) No 1957/98 of 15 September 1998 adapting certain fish quotas for 1998 pursuant to Council Regulation (EC) No 847/96 introducing additional conditions for year-to-year management of TACs and quotas
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), as last amended by Regulation (EC) No 2635/97 (2), and in particular Article 23 thereof,
Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (3), and in particular Article 4(2) thereof,
Whereas Council Regulations (EC) No 390/97 (4), as last amended by Regulation (EC) No 1974/97 (5), (EC) No 392/97 (6), (EC) No 394/97 (7), (EC) No 395/97 (8), as amended by Regulation (EC) No 2429/97 (9), (EC) No 396/97 (10), (EC) No 398/97 (11), (EC) No 400/97 (12), (EC) No 402/97 (13), (EC) No 404/97 (14), (EC) No 406/97 (15), (EC) No 407/97 (16) stipulate which stocks may be subject to the measures foreseen by Regulation (EC) No 847/96;
Whereas Council Regulations (EC) No 45/98 (17), as last amended by Regulation (EC) No 783/98 (18), (EC) No 47/98 (19), (EC) No 49/98 (20), (EC) No 50/98 (21), (EC) No 51/98 (22), (EC) No 53/98 (23), (EC) No 55/98 (24), (EC) No 57/98 (25), (EC) No 59/98 (26), (EC) No 61/98 (27), (EC) No 62/98 (28), (EC) No 63/98 (29), and (EC) No 65/98 (30), as amended by Regulation (EC) No 1283/98 (31), fix fish quotas for certain stocks in 1998;
Whereas, within the terms of Article 4(2) of Regulation (EC) No 847/96, certain Member States have asked to withhold a fraction of their quotas to be transferred to the following year; whereas, within the limits indicated in the Article, the Commission shall add to the quota for 1998 the quantities withheld;
Whereas, according to the information communicated to the Commission, certain Member States have fished in excess of permitted landings for some stocks in 1997; whereas, in accordance with Article 5(1) of Regulation (EC) No 847/96, deductions from national quotas for 1998 shall be made at a level equivalent to the quantity fished in excess, without prejudice to the application of Article 5(2);
Whereas, in conformity with Article 5(2) of Regulation (EC) No 847/96, weighted deductions from national quotas for 1998 shall be made in the case of overfishing of permitted landings in 1997 for those stocks identified as such in Article 5 and Annex III to Regulation (EC) No 390/97;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,