Explanatory Memorandum to COM(1983)693 -

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dossier COM(1983)693 - .
source COM(1983)693 EN
date 15-11-1983
Regulation (EEC) No 172/83 of 25.1.1983 (1) in conjunction with Regulation (EEC) No 198/83 of 25.1.1983 (the 'roll-over') (2) limits fishing for herring to the southern North Sea and eastern English Channel (ICES divisions IVc and Vlld), except for minor catch possibilities which are still available to France under Regulation (EEC) No 1353/83 of 26.5.1983 (3). The TAC of 68,000 t available under the 'roll-over' exceeds the TAC of 40,000 t proposed by the Commission for 1983  i, which is based on scientific advice and is agreed with Norway.

The proposed Regulation modifies Regulation (EEC) No. 198/83 as follows: firstly, it increases the TACs and quotas in ICES divisions IVa and IVb;

secondly, it provides that catches which have already been taken in those divisions shall be debited against these TACs and quotas;

thirdly, it provides that catches of herring in ICES divisions IVa and IVb from the date of entry into force of the Regulation until 15 December 1983 shall be debited against the TAC and quotas permitted in ICES divisions IVc and Vlld under the 'roll-over'. This will reduce the possibility of over-fishing this stock of herring and will permit more rational fishing activities; TACs for ICES divisions IVa and IVb will not exceed the Community shares agreed with Norway; •

fourthly, and in order to reflect the fact that the Belgian fleet does not fish herring in the northern and central North Sea, it provides for an increase of 1,000 tonnes in the herring fishing possibilities available for Belgium in ICES divisions IVc and Vlld whose catches will be reported by Belgium up to 15 December next as specifically coming from the additional 1,000 t.

Twice weekly reporting of landings is proposed in order to provide effective control.

O.J.-L24 of 27.1.1983, p. 30 .(2) O.J. L25 of 27.1.1983, p. 32 (3) O.J. L139 of 26.5.1983, P. 54 C4) COM(83) 385 final of 24.6.1983.

Proposal for a COUNCIL REGULATION (EEC)

amending    Regulation (EEC) No. 198/83 on

fishing activities in waters under the sovereignty or jurisdiction of the Member States, adopted provisionally pending the fixing of TACs

and quotas for 1983

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), and in particular Article 11 thereof,

Having regard to the proposal from the Commission,

Whereas the Council adopted on 25 January 1983 a common fisheries policy covering inter alia the fixing of total allowable catches (TACs) and quotas for 1982, access arrangements and a structural policy;

Whereas those TACs and quotas are provisionally applied to 1983, pending the adoption by the Council of the Commission's subsequent proposals for TACs and quotas for 1983, by virtue of Council Regulation (EEC) No 198/83 of 25 January 1983 on fishing activities in waters under the sovereignty or jurisdiction of the Member States, adopted provisionally pending the fixing of TACs and quotas for 1983 (2);

Whereas, having regard to scientific advice obtained, fishing for northern and central North Sea herring stocks may be authorized, taking into account the results of consultations with Norway concerning the shares available to the Community;

Whereas fishing for limited quantities of herring in the northern and central North Sea was authorised by Regulation (EEC) No 1353/83 (3);

Whereas, pending a final Council decision, it is appropriate to amend Council Regulation (EEC) No 198/83 in order to authorize Community fishermen to fish the northern and central North Sea herring stocks until 15 December 1983;

Whereas such catches should be counted against the quantities which may be caught from the southern North Sea and eastern English Channel in accordance with Regulation (EEC) No 198/83;

O.J. No L24, 27.1.1983, p. 1

O.J. No L25, 27.1.1983, p. 32

O.J. No Li39, 28.5. 1983, p. 54

Whereas the possibilities for transfers opened by this Regulation will have the effect of reducing catches in the southern North Sea and eastern English Channel;

Whereas Belgium does not have quotas in the northern and central North Sea and that it appears opportune to increase its catch possibilities in the southern North Sea and eastern English Channel;

Whereas it is necessary that these catches should be reported twice weekly,

HAS ADOPTED THIS REGULATION :

Article 1

The following article is added to Regulation (EEC) No 198/83 :

"Article la

1. Fishing for herring shall be authorized in the northern and central North Sea (ICES divisions IVa) and b)) until 15 December 1983 in accordance with the Annex hereto. All the quantities caught in these divisions in 1983 shall be counted against the TACs and quotas listed in the Annex.

2. Member States shall report by telex to the Commission on each Tuesday and Friday landings of herring caught in the area mentioned in paragraph 1 by their vessels.

3. Catches made in ICES divisions IVa) and IVb) under paragraph 1 of this Article from the date of entry into force of this Regulation shall count against the total allowable catch, the share available to the Commmunity and the allocations to each Member State permitted under Regulation (EEC) No 198/83 for the stock of herring in the southern North Sea and eastern English Channel (ICES divisions IVc) (excluding the Blackwater stock) and Vlld))."

Article 2

By derogation from Article 1 of Regulation (EEC) N° 198/83, an additional quantity of 1,000 tonnes of herring is allocated to Belgium in the southern North Sea and eastern English Channel (ICES divisions IVc) (excluding the Blackwater stock) and Vlld)), to be fished by 15 December 1983.

Article 3

This Regulation shall enter into force on the day of its publication in

the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly

applicable in all Member States.

1983.

Done at Brussels

For the Council The President

ANNEX

Sio.-kIf'hS NAiO division    .Member NimrQuota

(tonnes)

1983
SpeciesCieogi.iphical i regions    j
HerringNorthern j North Sea ;

i
IVa)

i

l

!

1

!

■    I

1
Belgium

Denmark.

Federal Republic of Germany Greece

France    -

Ireland

Italy

Luxembourg

Netherlands

United Kingdom

Available for Member States
4260

2 620

1 460

3 530

13 780
F:F.C TOTAL25 650
HerringCentralIV b)Belgium
North SeaDenmark1 250
Federal Republic of {lermany1 400
Greece
France1 440
Ireland
Italy
Luxembourg
Netherlands5 450
United Kingdom5 870
1 Available for Member S ates
1 ,

j LEC total    *
15 410


Fishing for herring is prohibited in ICES division IVb east of 3°E throughout the whole year.


Annex

Proposed declarations for the Council minutes

The Council and the Commission declare that Regulation .......... shall be

considered as an exceptional measure, which does not in any sense represent an allocation key or reflect principles relevant for determining such a key and does not in any way prejidice future allocations of North Sea herring TACs.

Belgium declares that the additional 1,000 tonnes of herring which may be fished until 15 December 1983 cannot in any circumstances be debited against the 5,000 tonnes allocated to Belgium in divisions IVc and Vlld under the 'roll-over'. Catches made until 15 December 1983 by Belgian fishermen will be notified to the Commission as counting against the 1,000 tonnes.