# EUR-Lex - 52004PC0622 - EN

Avis juridique important

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# 52004PC0622

**Proposal for a Council Regulation amending Regulation (EC) No 88/98 as regards the extension of the trawling ban to Polish waters /* COM/2004/0622 final */ **

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Proposal for a COUNCIL REGULATION amending Regulation (EC) No 88/98 as regards the extension of the trawling ban to Polish waters

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) No 88/98 of 18 December 1997 lays down certain technical measures for the conservation of fishery resources in waters of the Baltic Sea, the Belts and the Sound. An Amendment of the Regulation is required following the accession of Poland to the European Union.

The International Baltic Sea Fisheries Commission (IBSFC) has since 1991 established a trawling ban on the Oderbank Plateau in order to protect spawning turbot and other juvenile flatfish. The trawling ban was implemented for the waters of the Community of 15 Member States in Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in waters of the Baltic Sea, the Belts and the Sound [1]. Since the accession of Poland to the European Union the Regulation also applies to Polish waters, the trawling ban area must be extended to cover also the part of the Oderbank Plateau that lies within Polish waters.

[1] OJ L 9, 15.1.1998, p. 1.

The Council is requested to adopt this proposal as soon as possible.

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 88/98 as regards the extension of the trawling ban to Polish waters

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the proposal from the Commission,

Having regard to the Act of Accession for 2003 [2], in particular Article 57(2) thereof,

[2] OJ L 236, 23.9.2003, p. 1.

Whereas:

(1) The International Baltic Sea Fishery Commission adopted a recommendation on 21 September 1991 to ban the fishing with trawls on the Oderbank Plateau. This recommendation has been implemented in Community law by Article 8(3) of Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in waters of the Baltic Sea, the Belts and the Sound [3].

[3] OJ L 9, 15.1.1998, p. 1.

(2) In the light of the accession of Poland to the European Union the geographical area in which the trawling ban applies should be extended to Polish waters.

(3) Regulation (EC) No 88/98 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 8 of Regulation (EC) No 88/98, paragraph 3 is replaced by the following:

"3. It shall be prohibited throughout the year, to fish with any trawl, Danish seine and similar net in the geographical area bounded by a line joining the following coordinates:

54? 23' N, 14? 35' E

54? 21' N, 14? 40' E

54? 17' N, 14? 33' E

54? 07' N, 14? 25' E

54? 10' N, 14? 21' E

54? 14' N, 14? 25' E

54? 17' N, 14? 17' E

54? 24' N, 14? 11' E

54? 27' N, 14? 25' E

54? 23' N, 14? 35' E"

Article 2

This Regulation shall enter into force on the third day following that of its publication in

the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, [...]

For the Council

The President