C08VMISSI0N OF THE EUROPEAN CCMMUNITIES 
C0M(92) 311 final 
Brussels,.15 July 1992 
Proposal for a 
CQUNCIL REGULATIQN CEEC) 
amending for the fourteenth time 
Regulation (EEC) No 3094/86 laying down certain technical measures 
for the conservation of fishery resources 
(presented by the Commission) 
^tks 
EXPLANATORY MEMORANDUM 
Fishing for certain kinds of tropical tuna in the eastern Pacific using 
purse seines has the side-effect of catching and killing dolphins 
because these marine species often consort together. Although this 
particular problem is especially acute in the area covered by the 
Inter-American Tropical Tuna Commission(IATTC), it is reasonable to 
take steps to ensure that the use of purse seines for catching a given 
target species be carried out responsibly and without damaging the 
environment. 
Like any other well-adapted method of taking various pelagic species, 
it is possible to use a purse seine selectively to catch only the 
desired target species without loss of efficiency. 
In the light of these factors, and in view of the concern expressed by 
the public as recorded by Parliament in its report PE 151.169/fin 
adopted on 22 November 1991, as well as in response to representations 
from fishermen using this gear, the Commission staff has prepared the 
attached fourteenth amendment to Regulation (EEC) No 3094/86 laying 
down certain technical measures for the conservation of fishery 
resources. 
K.T. /l«MOD92/EXPOSE.7er/mr 
Proposal for a 
COUNCIL REGULATION (EEC) No /.. 
of 
amending for the fourteenth time 
Regulation (EEC) No 3094/86 laying down certain technical measures 
for the conservation of fishery resources 
TMB COU1ICIL OF THE EUROPEAN COHMUNITIES, 
Having regard to the Treaty establishing the European Economic 
lity, 
Having regard to Council Regulation (EEC) No 170/83 of 25 January 1983 
estafelishing a Community system for the conservation and tnanagement of 
fishery resources^), as last amended by the Act of Accession of Spain 
and Portugal, and in particular Article 11 thereof, 
Having regard to the proposal from the Commission, 
Whereas the non-selective use of purse seines on schools of tuna and 
other species of fish found in association with or in close proximity 
to marine mammals may result in the pointless catching and killing of 
such mammals; 
Whereas the mortality of marine mammals as a result of the use of 
purse-seines has aroused concern among the public and within the 
fishing industry; 
Whereas the importance of this issue and the interest it has received 
at international level are attested to by the report approved by the 
European Parliament on fishing with purse seines; 
Whereas, when properly and responsibly conducted, the use of purse 
seines is an effective method of fishing solely for the desired target 
species; whereas under such circumstances it no longer represents a 
threat to the environment; 
(1) OJ No L 24, 27.1.1983, p. 1 
M .T. /14MOD9 2/REGLT/en/iri 
-2-
Whereas, therefore, Regulation (EEC) No 3094/86^), as iast amended by 
Council Regulation (EEC) No 1465/92^^), should be amended accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The following is added to Article 9 of Regulation (EEC) No 3094/86: 
"14. It shall be prohibited to undertake fishing or encirclements with 
purse seines on schools of tuna and other species of fish where 
this may result in the catching or killing of marine mammals. 
Notwithstanding Article 1(1), this Paragraph shall apply to all 
vessels flying the flag of, or registered in, a Member State in 
all waters under the sovereignty or jurisdiction of the Member 
States as well as outside these waters." 
Article 2 
This Regulation shall enter into force on the third 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 ... , For the Council 
The President 
(2) OJ No L 288, 11.10.1986, p.l 
(3) OJ No L155, 06.06.1992, p.l 
M.T. /HMOD92/REGLT/en/mr 
ISSN 0254-1475 
COM(92)311final 
DOCUMENTS 
EN 03 
Catalogue number: CB-CO-92-361-EN-C 
ISBN 92-77-46881-5 
Ofifice for Official Publications of the European Communities 
L-2985 Luxembourg