COUNCIL REGULATION (EC) No 2386/98 of 3 November 1998 amending Regulation (EC) No 45/98 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 (EC) 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 proposal from the Commission,

Whereas Regulation (EC) No 45/98 (2) fixes, for certain fish stocks and groups of fish stocks, the TACs for 1998 and certain conditions under which they may be fished;

Whereas scientific opinion indicates that cod caught in the North Sea (ICES Sub-area IV) and in the eastern Channel (ICES Division VIId) belong to the same stock;

Whereas quotas of cod which may be taken by Member States are defined separately for the North Sea and for an area which includes the eastern Channel;

Whereas some Member States are experiencing, during 1998, large catches of cod in the eastern Channel, which may lead to large-scale discarding of this species when national quotas for this area become exhausted;

Whereas small quantities of cod included in the quotas for the North Sea taken in the eastern Channel will have no adverse effects on the stock of cod from which they are taken;

Whereas Regulation (EC) No 45/98 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to this Regulation shall replace the corresponding elements of Annex I to Regulation (EC) No 45/98.

Article 2

This Regulation shall enter into force on the third day following that 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.

Done at Brussels, 3 November 1998.

For the Council

The President

B. PRAMMER

(1) OJ L 389, 31. 12. 1992, p. 1. Regulation as amended by the 1994 Act of Accession.

(2) OJ L 12, 19. 1. 1998, p. 1. Regulation as last amended by Commission Regulation (EC) No 1957/98 (OJ L 254, 16. 9. 1998, p. 3).

ANNEX

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