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Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas

article  3

CELEX:  01996R0847-20100101

1. When more than 75 % of a precautionary TAC has been utilized before 31 October of the year of its application, a Member State with a quota for the stock for which that TAC has been fixed may request an increase in the TAC. Such a request, accompanied by relevant supporting biological information and an indication of the magnitude of the revision, shall be addressed to the Commission. The Commission, within 20 working days, shall examine all the elements of the request with a view to presenting to the Council a proposal for an amendment of the Regulation fixing TACs and quotas if it is found justified. The Member State shall be informed of the results of the examination.
2. Member States may take catches up to 5 % in excess of permitted landings. However, these catches shall be considered as exceeding permitted landings as regards the deductions envisaged in Article 5.
Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas

article  3

CELEX:  01996R0847-20100101

3. When more than 75 % of a quota for a stock subject to a precautionary TAC has been utilized before 31 October of the year of its application, the Member State to which such a quota has been allocated may request the Commission's permission to land additional quantities of fish of the same stock indicating the additional quantity required, this quantity not to exceed 10 % of the appropriate quota. The Commission shall decide on such requests within 20 workings days in accordance with the procedure laid down in Article 36 of Regulation (EEC) No 2847/93. The additional quantity granted under this procedure shall be considered as exceeding permitted landings for the purposes of the deductions envisaged in Article 5 of this Regulation.