Proposal for a COUNCIL REGULATION amending, for the fifth time, Regulation (EC) No 1626/94 laying down certain technical measures for the conservation of marine resources in the Mediterranean

(presented by the Commission)

EXPLANATORY MEMORANDUM

Articles 3(1) and 6(1) of Council Regulation (EC) No 1626/94, as modified by Regulation (EC) No 1448/1999, contain certain technical measures applicable to Mediterranean fisheries. These are subject to temporary derogation which expired on 31 May 2000. These derogation apply:

a) to the rule banning the use of towed gears within three miles from baselines or at depths less than 50 m, whichever is nearer to the baseline (Article 3(1)), and

b) to the rule on mesh sizes for towed gears given in Article 6(1) and annex III. The main rules are 40mm (20mm for sardine and anchovy fisheries) for towed gears and 14mm for purse seines.

The derogation are subject to the condition that national legislation, allowing less restrictive conditions, existed on 1 January 1994.

Article 2(1) of Regulation (EC) No 1448/1999 stipulates that Member States shall produce and make available to the Commission, before 1 February 2000, all possible scientific information on the impact on the resources subject to the fisheries carried out under the derogatory conditions. Article 2(2) of Regulation (EC) No 1448/1999 stipulates that, on the basis of all relevant scientific information, the Commission shall present to the Council a proposal establishing whether the fisheries covered by the above-mentioned derogating conditions may be continued and the technical conditions that should govern them.

Scientific information has been received from Italy and from Greece. This has been examined by the scientific, technical and economic committee for fisheries (STECF) during its plenary meeting of 3-7 April 2000.

According to the report of STECF, it cannot be concluded that the continuation of the derogatory fisheries is totally harmless for the resources. However, STECF provides certain guidelines that would allow the negative consequences to be reduced.

The Commission is now proposing the continuation of the fisheries in question until 31 December 2002, conditional on the setting up of additional national legislation following guidelines set up on the basis of STECF advice. It is expected that by that date the debate on the Common Fisheries Policy beyond 2002 shall give the adequate orientations on a long-term solution.

The Council is requested to adopt this proposal in order to allow the continuity of fishing activities under conditions more favourable to conservation of fishery resources.

Proposal for a COUNCIL REGULATION amending, for the fifth time, Regulation (EC) No 1626/94 laying down certain technical measures for the conservation of marine resources in the Mediterranean

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean [1] and, in particular, Article 3(1) and Article 6(1) thereof,

[1] OJ L 171, 6.7.1994, p. 1. Regulation as amended by Regulation (EC) No 812/2000 (OJ L 100, 20.4.2000, p. 3)

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

[2] OJ C , , p. .

Whereas:

(1) Article 3(1) and Article 6(1) of Regulation (EC) No 1626/94 set out certain technical conservation measures which were subject to derogating conditions until 31 May 2000;

(2) The fisheries currently under the derogating conditions constitute a very important contribution to the overall economy of a large number of fishing-related industries;

(3) Article 2(2) of Regulation (EC) No 1448/1999 stipulates that, on the basis of all relevant scientific information, the Commission shall present to the Council a proposal establishing whether the fisheries covered by the above-mentioned derogating conditions may be continued and the technical conditions that should govern them;

(4) The scientific, technical and economic committee for fisheries has given its opinion on the biological impact of the aforesaid fisheries during its plenary meeting of 3-7 April 2000 [3]. On the basis of the information available from STECF, it may be concluded that the adverse impact of certain fisheries on the resources may be alleviated under certain technical conditions;

[3] SEC(2000)XXXX

(5) The debate on the common fisheries policy which will take place during 2002 following the report to be presented by the Commission under Article 14(2) of Regulation (EC) No 3760/92 will provide a basis for a long-standing solution to this and other problems of certain Mediterranean fisheries;

(6) It is therefore appropriate to foresee the continuation of the existing derogation to Article 3(1) and 6(1) until 31 December 2002, under technical conditions alleviating the impact of fisheries on the resources;

(7) It is convenient that Member States regulate by national legislation the above-mentioned technical conditions in accordance with guidelines set up on the basis of STECF advice;

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) 1626/94 is amended as follows:

1. Article 3(1), second sub-paragraph of paragraph 1 shall be read as follow: "However, any fishing gear used at a distance from the coast of less than that laid down in the first subparagraph and used in accordance with national law in force on 1 January 1994 may be used until 31 December 2002, unless the Council acting by a qualified majority on a proposal from the Commission, decides otherwise in the light of scientific data proving that their use does not have a negative impact on resources.

2. The following paragraph 1 bis shall be inserted in Article 3:

"1 bis. The use of fishing gear under the conditions of the second sub-paragraph of paragraph 1 is prohibited, with exception of the fishery conducted with "gangui", unless the Member State concerned has enacted measures ensuring that for these fisheries:

- the prohibition envisaged in paragraph (3) is not jeopardised;

- fishing does not interfere with the activities of vessels using gears other than trawls, seines or similar towed nets;

- fishing is restricted to target species not subject to a minimum landing size in accordance with Article 8;

- fishing is restricted to periods where by-catch of non-target species is minimal;

- vessels are subject to special fishing permits issued in accordance with Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits [4]"

[4] OJ L 171, 6.7.1994, p. 7

These measures shall be communicated to the Commission before 30 September 2000.

3. In Article 6(1), the date of 31 May 2000 is replaced by 31 December 2002.

4. The following paragraph 1 bis shall be inserted in Article 6:

"1 bis. The use of fishing gear under the conditions of the second sub-paragraph of paragraph 1 is prohibited unless the Member State concerned has enacted measures ensuring that for these fisheries :

- fishing is restricted to target species not subject to a minimum landing size in accordance with Article 8;

- fishing is restricted to periods where by-catch of non-target species is minimal;

- vessels are subject to special fishing permits issued in accordance with Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits"

These measures shall be communicated to the Commission before 30 September 2000.

Article 2

This Regulation shall enter into force on the twentieth day following that of 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,

For the Council

The President