Avis juridique important

Council Regulation (EEC) No 4055/89 of 19 December 1989 fixing catch possibilities for 1990 for certain fish stocks and groups of fish stocks in the regulatory area as defined in the NAFO convention Official Journal L 389 , 30/12/1989 P. 0067 - 0074

COUNCIL REGULATION (EEC) N° 4055/89 of 19 December 1989 fixing catch possibilities for 1990 for certain fish stocks and groups of fish stocks in the Regulatory Area as defined in the NAFO Convention THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) N° 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) N° 170/83, it falls to the Council to prepare, in the light of the available scientific advice and, in particular, of the report drawn up by the Scientific and Technical Fisheries Committee, the conservation measures necessary to achieve the aims set out in Article 1 of the said Regulation; 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 the Convention on Future Multilateral Cooperation in the N°rthwest Atlantic Fisheries, hereinafter referred to as the NAFO Convention, was approved by the Council in its Regulation (EEC) N° 3179/78(2) and entered into force on 1 January 1979; Whereas, in the framework of its wider international obligations, the Community participates in efforts to conserve fish stocks arising in international waters; Whereas conservation efforts should be assessed on the basis of relevant scientific data so as to permit the implementation of conservation measures suited to the biological situation of stocks and their foreseeable development depending on the various options for exploiting them; Whereas the present state of biological data as analysed by international scientific organizations and the conclusions which may be drawn therefrom should be taken as a basis for formulating choices regarding the management of stocks; Whereas the extent to which such stocks are fished by the fleets of the Member States should be viewed in the light of overall fishing activity and the contribution made hitherto by the Community towards their conservation should be taken into account; Whereas, in accordance with Article 3 of Regulation (EEC) N° 170/83, it falls to the Council to establish the total allowable catches (TACs) by stock or group of stocks, the share available for the Community and also the specific conditions under which the catches must be made; Whereas, in order to ensure effective management, the TACs available for the Community in 1990 should be fairly allocated among the Member States in accordance with Article 4 of the said Regulation; Whereas the fishing activities covered by this Regulation are subject to the control measures provided for by Council Regulation (EEC) N° 2241/87 of 23 July 1987 establishing certain control measures for fishing activities(3) as amended by Regulation (EEC) N° 3483/88(4) and by Regulation (EEC) N° 1956/88 of 9 June 1988 adopting provisions for the application of the scheme of joint international inspection adopted by the N°rthwest Atlantic Fisheries Organization(5), HAS ADOPTED THIS REGULATION: Article 1 Catches in 1990 of the species set out in Annex I by vessels flying the flag of a Member State in the Regulatory Area as defined in Article 1 (2) of the NAFO Convention shall be limited, within the parts of the Regulatory Area referred to in that Annex, to the quotas set out therein. Article 2 In addition to complying with Articles 5, 6, 7 and 8 of Regulation (EEC) N° 2241/87, skippers shall enter in the logbook the information listed in Annex II. In complying with Article 9 of that Regulation, Member States shall also inform the Commission of catches of species not subject to quota. Article 3 Member States shall inform the Commission of all vessels flying their flag which intend to engage in fishing or in the processing of sea-fish in the area referred to in Article 1 at least 30 days before the intended commencement of such activity or, as the case may be, not later than the 20th day following in entry into force of this Regulation. This information shall include: (a)name of vessel; (b)official registration number of the vessel assigned by the competent national authorities; (c)home port of the vessel; (d)name of owner or charterer of the vessel; (e)a declaration that the master has been provided with a copy of the regulations in force in the Regulatory Area; (f)the principal target species of the vessel while fishing within the Regulatory Area; (g)the sub-areas where the vessel will be expected to fish. Article 4 This Regulation shall enter into force on 1 January 1990. It shall apply until 31 December 1990. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 December 1989. For the CouncilThe PresidentJ. MELLICK (1)OJ N° L 24, 27. 1. 1983, p. 1. (2)OJ N° L 378, 31. 12. 1978, p. 1. (3)OJ N° L 207, 29. 7. 1987, p. 1. (4)OJ N° L 306, 11. 11. 1988, p. 2. (5)OJ N° L 175, 6. 7. 1988, p. 1. ANNEX I >TABLE>

COUNCIL REGULATION (EEC) N° 4055/89 of 19 December 1989 fixing catch possibilities for 1990 for certain fish stocks and groups of fish stocks in the Regulatory Area as defined in the NAFO Convention

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) N° 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) N° 170/83, it falls to the Council to prepare, in the light of the available scientific advice and, in particular, of the report drawn up by the Scientific and Technical Fisheries Committee, the conservation measures necessary to achieve the aims set out in Article 1 of the said Regulation;

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 the Convention on Future Multilateral Cooperation in the N°rthwest Atlantic Fisheries, hereinafter referred to as the NAFO Convention, was approved by the Council in its Regulation (EEC) N° 3179/78(2) and entered into force on 1 January 1979;

Whereas, in the framework of its wider international obligations, the Community participates in efforts to conserve fish stocks arising in international waters;

Whereas conservation efforts should be assessed on the basis of relevant scientific data so as to permit the implementation of conservation measures suited to the biological situation of stocks and their foreseeable development depending on the various options for exploiting them;

Whereas the present state of biological data as analysed by international scientific organizations and the conclusions which may be drawn therefrom should be taken as a basis for formulating choices regarding the management of stocks;

Whereas the extent to which such stocks are fished by the fleets of the Member States should be viewed in the light of overall fishing activity and the contribution made hitherto by the Community towards their conservation should be taken into account;

Whereas, in accordance with Article 3 of Regulation (EEC) N° 170/83, it falls to the Council to establish the total allowable catches (TACs) by stock or group of stocks, the share available for the Community and also the specific conditions under which the catches must be made;

Whereas, in order to ensure effective management, the TACs available for the Community in 1990 should be fairly allocated among the Member States in accordance with Article 4 of the said Regulation;

Whereas the fishing activities covered by this Regulation are subject to the control measures provided for by Council Regulation (EEC) N° 2241/87 of 23 July 1987 establishing certain control measures for fishing activities(3) as amended by Regulation (EEC) N° 3483/88(4) and by Regulation (EEC) N° 1956/88 of 9 June 1988 adopting provisions for the application of the scheme of joint international inspection adopted by the N°rthwest Atlantic Fisheries Organization(5),

HAS ADOPTED THIS REGULATION:

Catches in 1990 of the species set out in Annex I by vessels flying the flag of a Member State in the Regulatory Area as defined in Article 1 (2) of the NAFO Convention shall be limited, within the parts of the Regulatory Area referred to in that Annex, to the quotas set out therein.

In addition to complying with Articles 5, 6, 7 and 8 of Regulation (EEC) N° 2241/87, skippers shall enter in the logbook the information listed in Annex II.

In complying with Article 9 of that Regulation, Member States shall also inform the Commission of catches of species not subject to quota.

Member States shall inform the Commission of all vessels flying their flag which intend to engage in fishing or in the processing of sea-fish in the area referred to in Article 1 at least 30 days before the intended commencement of such activity or, as the case may be, not later than the 20th day following in entry into force of this Regulation. This information shall include:

(a)name of vessel;

(b)official registration number of the vessel assigned by the competent national authorities;

(c)home port of the vessel;

(d)name of owner or charterer of the vessel;

(e)a declaration that the master has been provided with a copy of the regulations in force in the Regulatory Area;

(f)the principal target species of the vessel while fishing within the Regulatory Area;

(g)the sub-areas where the vessel will be expected to fish.

This Regulation shall enter into force on 1 January 1990.

It shall apply until 31 December 1990.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 December 1989.

For the CouncilThe PresidentJ. MELLICK

(1)OJ N° L 24, 27. 1. 1983, p. 1.

(2)OJ N° L 378, 31. 12. 1978, p. 1.

(3)OJ N° L 207, 29. 7. 1987, p. 1.

(4)OJ N° L 306, 11. 11. 1988, p. 2.

(5)OJ N° L 175, 6. 7. 1988, p. 1.

ANNEX I

>TABLE>