Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2341/2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) No 2341/2002 fixes the fishing opportunities and associated conditions for certain fish stocks and groups of stocks applicable in Community waters and for Community vessels, in waters where limitations in catch are required for 2003. Amendments of the Regulation are required following recommendations recently made by the International Baltic Sea Fishery Commission (IBSFC).

Regulation (EC) No 2341/2002 includes the implementation in Community waters and for Community vessels of fishing rules and total allowable catches (TACs) recommended by the IBSFC in September 2002. The IBSFC, at an Extraordinary Session in June 2003 adopted the following amendments to its recommendations of September 2002:

- an increase in the TAC for sprat from 310 000 tonnes to 341 000 tonnes;

- an adjustment of the minimum mesh size for towed nets without an exit window when fishing for cod from 140 to 130 mm to achieve correspondence between the minimum landing size of cod and the selectivity of the gears;

- the minimum mesh opening of the window in a "Top Window codend Bacoma" has been reduced from 120 mm to 110 mm to achieve correspondence between the minimum landing size of cod and the selectivity of the gears.

Scientific information indicate that the towed nets without an exit window are less selective than the Bacoma type gear. The Commission therefore, after having consulted the Member States and representatives from the fishing industry, proposes not to allow within Community waters and for Community vessels the use of towed gear without an exit window.

The Council is requested to adopt this proposal as soon as possible in order to allow fishermen to plan their activities for this fishing season.

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2341/2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy [1], and in particular Article 20(1) and (4) thereof,

[1] OJ L 358, 31.12.2002, p. 59.

Having regard to the proposal from the Commission [2],

[2] OJ C , , p. .

Whereas:

(1) Council Regulation (EC) No 2341/2002 [3], as last amended by Regulation (EC) No 1091/2003 [4], fixes the fishing opportunities and associated conditions for certain fish stocks and groups of stocks applicable in Community waters and for Community vessels, in waters where limitations in catch are required for 2003. Amendments of the Regulation are required following recommendations recently made by The International Baltic Sea Fishery Commission (IBSFC).

[3] OJ L 356, 31.12.2003, p. 12.

[4] OJ L 157, 26.06.2003, p. 1.

(2) In June 2003 the International Baltic Sea Fishery Commission (IBSFC) made the following recommendations:

- the total allowable catch (TAC) for sprat in zone III b,c,d (EC waters) should be increased from 310 000 tonnes to 341 000 tonnes;

- the minimum mesh size for towed nets without an exit window when fishing for cod should be reduced from 140 to 130 mm from 1 October 2003;

- the minimum mesh opening of the window in a "Top Window codend Bacoma" should be reduced from 120 mm to 110 mm.

(3) It is necessary for those measures to be implemented by the Community.

(4) However, scientific information indicates that towed nets without an exit window are less selective than the Bacoma type gear. It is therefore appropriate not to allow within Community waters and for Community vessels the use of towed gear without an exit window.

(5) Regulation (EC) No 2341/2002 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes IA and V to Regulation (EC) No 2341/2002 are amended in accordance with the Annex to this Regulation.

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

ANNEX

(1) In Annex IA to Regulation (EC) No 2341/2002, the entries concerning the species Sprat in zones:

III b,c,d (EC waters),

III d (Estonian waters),

III d (Latvian waters) and

III d (Lithuanian waters) are replaced by the following:

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(2) Annex V to Regulation (EC) No 2341/2002 is amended as follows:

(a) Point 1.1.1 is replaced by the following:

"Without exit windows

Towed nets without an exit window shall be prohibited."

(b) Appendix 1 to Annex V is amended as follows:

(i) The section entitled 'Specifications of Top Window Codend 'BACOMA`is replaced by the following:

"Specifications of Top Window Codend 'BACOMA`

Specification of 110 mm, measured as inner diameter opening, square mesh window in a codend with a 105 mm or larger mesh size in trawls, Danish seines or similar towed nets

The window shall be a rectangular section of netting in the codend. There shall be only one window. The window shall not be obstructed in any way by either internal or external attachments."

(ii) The section entitled 'The netting of the window` is replaced by the following:

"The netting of the window

The meshes shall have a minimum mesh opening of 110 millimetres. The meshes shall be square meshes i.e. all four sides of the window netting will be cut all bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend. The netting shall be knotless braided single twine or a netting with similar proven selective properties. The diameter of the single yarn shall be at least 4,9 millimetres."