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Proposal for a Council Regulation (EC) amending Regulation (EC) No.390/97 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1997 and certain conditions under which they may be fished (presented by the Commission). COM (97) 108 final, 17 March 1997.

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COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 17.03.1997 COM(97) 108 final Proposal for a COUNCIL REGULATION ffiQ amending Regulation (EC) No.390/97 fixing, for certain fish stocks and groups offish stocks, the total allowable catches for 1997 and certain conditions under which they may be fished (presented by the Commission) EXPLANATORY MEMORANDUM The objective of the present proposal is to fix fishing possibilities for certain stocks offish and to allocate these equitably to Member States. The fixing and the sharing of possibilities for fishing falls exclusively within the competence of the Community and arises from obligations set out in Article 8(4) of Regulation (EEC) n° 3760/92 of the Council of 20 December 19921, establishing a Community regime for fishing and aquaculture. Within the framework of the agreement between the Russian Federation and the Kingdom of Sweden, negotiations have been conducted which resulted, among other things, in a transfer of 4000 tonnes of herring to the Russian Federation from the quota allocated to Sweden in Community waters. On the other hand, the fishery for herring in ICES subareas I and II, which was due to be open on I April 1997, requires an allocation of quotas for Member States before it starts. Otherwise there is a serious risk of overfishing the TAC fixed for Community vessels. While a proposal for an allocation has been already made by the Commission, it appears necessary to condition the opening of the fishery to the adoption of a decision by the Council. This proposal intends to address these matters by modifying Council Regulation (EC) N° 390/972. O.J. No l.389, 31.12.1992, p. 1 O.J. No L66, 6.3.1997, p. I Z Proposal for a Council Regulation (EC) No /97of 1997 amending Regulation (EC) No.390/97 fixing, for certain fish stocks and groups offish stocks, the total allowable catches for 1997 and certain conditions under which they may be fished THE COUNCIL OF THE EUROPEAN UNION

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