31.12. 88 No L 369/3 Official Journal of the European Communities COUNCIL REGULATION (EEC) No 4194/88 of 21 December 1988 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1989 and certain conditions under which they may be fished 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 ('), as amended by the Act of Accession of Spain and Portugal (2), and in particular Article 11 thereof, Having regard to the proposal from the Commission, Whereas, pursuant to the terms of Article 2 of Regulation (EEC) No 170/83, it is incumbent upon the Council to formulate, in the light of the available scientific advice and, in particular, of the report prepared by the Scientific and Technical Committee for Fisheries, the conservation measures necessary to achieve the aims set out in Article 1 of the abovementioned Regulation; Whereas, pur‘suant to the terms of Article 3 of Regulation (EEC) No 170/83, it is incumbent upon the Council to establish the total allowable catches (TAC) 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 shares available for the Community in 1989 should be allocated among the Member States in accordance with Article 4 of the abovementioned Regulation; Whereas, in order to ensure the protection of fishing grounds and fish stocks and the balanced exploitation of the resources of the sea, in the interests of both fishermen and consumers, there should be fixed, each year for the different species of which the catches must be restricted, a TAC per stock or group of stocks and the share of these catches available to the Community taking into account its commitments to third countries; Whereas Article 161 of the Act of Accession fixes the share of the TACs to be allocaetd to Spain for certain stocks in certain zones; () O] No L 24,27.1.1983, p. 1. (2) OJ No L 302, 15. 11. 1985, p. 25. Whereas, in accordance with the procedure provided for in Article 2 of the Agreement on fisheries between the European Economic Community and the Kingdom of Norway (3), Article 2 of the Agreement on fisheries between the European Economic Community and the Government of Sweden (*), and 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 (5), the parties have consulted on their reciprocal fishing rights for 1989; Whereas these bilateral consultations have been successfully concluded and 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 Norway, Sweden and the Faroe Islands; Whereas trilateral consultations with Norway and Sweden concerning reciprocal fishing rights in the Skagerrak and the Kattegat have been concluded and whereas it is possible, in consequence, to fix definitively the TACs and the Community shares available for the stocks in these areas; Whereas, as a consequence of these consultations it is necessary to establish a TAC for deepwater prawn in the Skagerrak; Whereas, in the light of the latest scientific information it is necessary to establish separate TACs for blue whiting, pollack and anglerfish in ICES division VIII e; 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 in international waters; whereas the extent to which such stocks are fished by vessels of the Community 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 the Internatinoal Baltic Sea Fishery Commission has recommended TACs for the stocks of cod, herring and sprat occuring in the waters of the Baltic Sea and the shares thereof for each contracting party; () O] No L 226, 29. 8. 1980, p. 48. (*) O] No L 226, 29. 8. 1980, p. 2. (*) O] No L 226, 29. 8. 1980, p. 12.