Proposal for a Council Regulation (EC) specifying conditions under which herring may be landed for industrial purposes other than direct human consumption (98/C 25/08) (Text with EEA relevance) COM(97) 694 final - 97/0353(CNS)

(Submitted by the Commission on 12 December 1997)

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,

Having regard to the opinion of the European Parliament,

Whereas Council Regulation (EEC) No 2115/77 prohibiting the direct fishing and landings of herring for industrial purposes other than direct human consumption (1) is founded on a situation of over-exploitation which no longer exists in many geographical areas;

Whereas stocks of herring in the Baltic Sea, the Belts and the Sound are currently not threatened; whereas improved economical utilisation of these stocks allows them to be fished for purposes other than direct human consumption; whereas restriction on the industrial purpose for which landings from these stocks are made is not required;

Whereas industrial fishing for herring in the Baltic Sea may induce significant by-catches of young cod, whereas therefore such fishing should not be permitted in areas where young cod are abundant;

Whereas the state of the stock of herring in the North Sea, Skagerrak and Kattegat gives rise to serious concern;

Whereas for other stocks of herring in the North-East Atlantic, current fishing practice, i.e. fishing for human consumption, gives rise to sufficiently high rates of exploitation; whereas therefore changes in the fishing practice for these stocks is undesirable;

Whereas Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (2) provides for satellite monitoring of vessels engaged in fishing for industrial purposes from 1 July 1998 onwards;

Whereas Council Regulation (EEC) No 1866/86 of 12 June 1986 laying down conservation measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (3) stipulates conditions for fishing for herring in the Baltic Sea, the Belts and the Sound;

Whereas Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources (4) stipulates conditions for retention on board and landing of herring caught in regions 1 and 2 with fishing gear currently used for fishing for industrial purposes other than direct human consumption,

HAS ADOPTED THIS REGULATION:

Article 1

Herring caught when fishing with nets of minimum mesh size less than 32 mm in regions 1 and 2 or with nets of minimum mesh size less than 40 mm in region 3 may not be retained on board unless such catches:

(i) are taken outside the Skagerrak and Kattegat and ICES Divisions III b,c,d, consist only of a mixture of sprat and herring, are not sorted and the herring does not exceed 10 % by weight of the total combined weight of herring and sprat retained on board or,

(ii) are taken outside ICES Divisions III b,c,d, consist of herring mixed with other species whether or not including sprat, are not sorted and the herring does not exceed 5 % by weight of the total combined weight of the herring and other species retained on board.

Article 2

1. It is prohibited to land for purposes other than direct human consumption, catches of herring taken outside ICES Divisions III b,c,d when such catches have been taken in regions 1 and 2 with towed nets of minimum mesh size equal to or greater than 32 mm or in region 3 with towed nets of minimum mesh size equal to or greater than 40 mm or in any region with any fishing gear other than towed nets.

2. However, it is permitted to land for purposes other than direct human consumption:

(i) any herring caught within ICES Division III d except sub-division 24 thereof, or

(ii) any herring caught within ICES Divisions III b,c or sub-division 24 of ICES Division III d provided that the herring are landed unsorted with sprats and/or other species, or

(iii) catches of herring taken outside ICES Divisions III b,c,d provided that such catches comply with the conditions specified in Article 1 of this Regulation.

Article 3

Regulation (EEC) No 2115/77 is hereby repealed.

Article 4

This Regulation shall enter into force on the seventh day after its publication in the Official Journal of the European Communities.

It shall apply from 1 January 1998.

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

(1) OJ L 247, 28.9.1977, p. 2.

(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 of 30.10.1997 (OJ L 304, 7.11.1997, p. 1).

(3) OJ L 162, 18.6.1986, p. 1. Regulation as last amended by Regulation (EC) No 1821/96 of 16.9.1996 (OJ L 241, 21.9.1996, p. 8).

(4) OJ L 132, 23.5.1997, p. 1.