Precautionary TACs shall apply to stocks for which no scientifically-based evaluation of fishing possibilities is available specifically for the year in which the TACs are to be set; analytical TACs shall apply otherwise. When fixing TACs in accordance with article 8 of Regulation (EC) No. 3760/92, the Council shall decide: which stocks are subject to a precautionary TAC and which stocks are subject to an analytical TAC, on the basis of scientific advice available on the stocks, the stocks to which articles 3 or 4 shall not apply, on the basis of the biological status of the stocks and of commitments reached with third countries, the stocks to which the deductions envisaged in Article 5 shall apply, on the basis of their biological status. Except for the stocks referred to in paragraph 2, all landings in excess of the respective permitted landings shall be deducted from the quotas of the same stock in the following year. However, a deduction equal to the overfishing × 1,00 shall apply in all cases of overfishing relative to permitted landings equal to, or less than, 100 tonnes. An additional 3 percent of the quantity fished in excess of permitted landings shall be deducted for each successive year in which permitted landings are overfished by more than 10 percent. (5 articles)
1996-05-06