COUNCIL REGULATION (EC) No 2250/95 of 18 September 1995 amending for the fifth time Regulation (EEC) No 1866/86 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, under Articles 2 and 4 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (4), the Council is responsible for adopting, in the light of the available scientific advice, the conservation measures necessary to ensure the rational and responsible exploitation of living marine aquatic resources on a sustainable basis; whereas, to that end, the Council may lay down technical measures concerning fishing gear and the ways in which it is used;
Whereas it is necessary to establish the principles and certain procedures for laying down the said technical measures at Community level so that each Member State can manage the fishing activities carried on in the maritime waters within its jurisdiction or under its sovereignty;
Whereas Regulation (EEC) No 1866/86 (5) lays down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound;
Whereas the International Baltic Sea Fishery Commission, set up by the Baltic Sea Convention (Gdansk Convention) and hereinafter referred to as the 'Baltic Sea Commission`, lays down the rules governing fishing operations in the Baltic Sea;
Whereas, by letters of 20 September 1993 and 20 September 1994, the Baltic Sea Commission notified the Contracting States of certain recommendations, adopted at the 19th and 20th sessions of the Commission respectively, to modify, among other things, the technical measures;
Whereas the Gdansk Convention provides that the Community must give effect to the said recommendations in the waters of the Baltic Sea, the Belts and the Sound, subject to the objection procedure laid down in Article XI of the Convention; whereas there are no grounds for such objections,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1866/86 is hereby amended as follows:
1. The following paragraph shall be added to Article 2:
'1a. Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Sound from 1 June to 31 August 1995.` 2. Article 3 (4) shall be replaced by the following:
'4. By way of derogation from paragraph 3, undersized cod may be kept on board within a limit of 5 % by weight of the cod catch on board.` 3. The following paragraph shall be added to Article 3:
'5. The by-catch of cod taken when fishing for herring and sprat shall not exceed 10 % of the total weight of the catch. Of this by-catch of cod, no more than 5 % of undersized cod shall be kept on board.` 4. Article 6 (1) shall be replaced by the following:
'1. During the inspection of nets, meshes shall be measured using a flat gauge which is 2 mm thick and made of durable material that will retain its shape. It shall have several parallel-edge sides connected by intermediate tapering sides each with a taper of 1 cm in 8 cm or shall have tapering sides only, with the same taper as indicated above. The gauge shall be inscribed on its surface with the width in millimetres both on the parallel-sided section, where one exists, and on the tapering section. In the case of the latter, the width shall be inscribed every 1 mm interval, and the indication of the width shall appear at regular intervals.` 5. The following paragraph shall be added to Article 8:
'3. By way of derogation from paragraph 1, during fishing for cod, only gear authorized for fishing for cod or gear with a larger mesh size than the sizes laid down in Annex IV may be allowed to be kept on board. If there is gear on board that is not authorized for fishing for cod, the landing of cod shall be prohibited.` 6. In Annex I:
- in subdivision 22, the closing words shall read as follows:
'; then due south to the coast of the Federal Republic of Germany; then in a south-westerly direction along the coast of the Federal Republic of Germany and the east coast of Jutland as far as the point of departure.`,
- in line 7 of subdivision 24, 'the German Democratic Republic` shall be replaced by 'the Federal Republic of Germany`.
7. Annex III shall be amended in accordance with Annex I to this Regulation.
8. Annex IV shall be amended in accordance with Annex II to this Regulation.
9. Annex V as shown in Annex III to this Regulation is hereby added.
Article 2
This Regulation shall enter into force on the seventh day following 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, 18 September 1995.