Council Regulation (EC) No 45/98 of 19 December 1997 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1998 and certain conditions under which they may be fished

• Published date: 19 January 1998
• Subject Matter: Fisheries policy,Accession
• Official Gazette Publication: Official Journal of the European Communities, L 12, 19 January 1998

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31998R0045

Council Regulation (EC) No 45/98 of 19 December 1997 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1998 and certain conditions under which they may be fished

Official Journal L 012 , 19/01/1998 P. 0001 - 0049

COUNCIL REGULATION (EC) No 45/98 of 19 December 1997 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1998 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 1994 Act of Accession, and in particular Articles 121 and 122 thereof,

Having regard to the proposal from the Commission,

Whereas Article 4 of Regulation (EEC) No 3760/92 requires the Council to formulate, in the light of the available scientific advice and, in particular, of the report prepared by the Scientific, Technical and Economic Committee for Fisheries, the measures necessary to ensure the rational and responsible exploitation of resources on a sustainable basis;

Whereas a management regime making full use of the new management possibilities given by Regulation (EEC) No 3760/92, and in particular the management of catch limitations on a pluriannual and multispecies basis, cannot yet be achieved, due to the need to put into force certain measures for the control of fisheries, to further develop the appropriate administrative framework for a system of limitation of fishing effort, and to enhance scientific knowledge; whereas, until such a management regime is consolidated, limitation of exploitation rates should be guaranteed by the current TAC system;

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 fishing opportunities should be allocated to Member States in accordance with Article 8(4)(ii) of that Regulation;

Whereas it is necessary to establish the principles and certain procedures of fishery management at the Community level, so that Member States can ensure the management of the fleets under their flag or jurisdiction;

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 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 the case of certain stocks fished mainly for reduction to meal and oil, it does not appear necessary to make quota allocations;

Whereas certain stocks of fish in the North Sea should be subject to a TAC for the first time in 1998 in order to guarantee a sustainable use of the resources;

Whereas, in order to prevent overfishing, the Community fisheries for Atlanto-Scandian herring in area II and Horse mackerel in area II, IV and area Vb, VI, VII, VIIIa,b,d,e, XII, XIV should be subjected to allocation among Member States so as these fisheries are properly monitored;

Whereas, in accordance with the second subparagraph of Article 8(4) of Regulation (EEC) No 3760/92, the allocation shall assure relative stability of fishing activities; whereas relative stability can in this case be represented by the catch over a recent and representative period;

Whereas, in order to ensure a better exploitation of the quotas of herring, anchovy, hake, blue whiting, mackerel and megrim, transfers of a part of the quotas from the zone of allocation to adjacent zones should be allowed;

Whereas, in accordance with the procedure provided for in Article 2 of the Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (3), the Parties have consulted on their reciprocal fishing rights for 1998; whereas these consultations have been successfully concluded; whereas, as a result, it is possible to fix the TACs, the Community shares and the quotas for certain joint and autonomous stocks, of which part is allocated to the Faroe Islands;

Whereas, in accordance with the procedure provided in Articles 2 and 7 of the Fisheries Agreement between the European Economic Community and the Kingdom of Norway (4), the Community and Norway have held consultations concerning mutual fishing rights for 1998; whereas these consultations have been successfully concluded and it is therefore possible to fix the TACs, the Community shares and the quotas for joint stocks and, where necessary, for other stocks;

Whereas the International Baltic Sea Fishery Commission has recommended TACs for the stocks of cod, salmon, herring and sprat occurring in the waters of the Baltic Sea and the shares thereof for each contracting party; whereas it is appropriate to implement those recommendations;

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 to conserve fish stocks arising...