Proposal for a COUNCIL REGULATION (EEC) amending for the twelfth time Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources
Date: 1992-05-27
Institutions: European Commission
Subjects: conservation of fish stocks, fishery management, fishing net

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC92) 225 final 

Brussels, 27 May  1992 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

amending for the twelfth time Regulation  (EEC) No. 3094/86 
laying down certain technical measures 
for the conservation of fishery  resources 

(presented  by  the Commission) 

EXPLANATORY  MEMORANDUM 

2 

The  aim  of  the  present  proposal  is  to  postpone  the  date  of 
implementation  of  certain  technical  measures  for  the  conservation  of 
fishery resources. 

Under  the  terms  of  Regulation  (EEC) No.  3094/86  of  7 October  1986,  as 
last  amended by  Council Regulation  (EEC) No. 345/92  of  27 January 1992, 
the minimum mesh size applicable  in Regions 1 and 2 except Skagerrak and 
Kattegat  is 40 mm  for  certain  pelagic  species  and  prawns  and  80 mm  for 
sole, with effect from  1 June 1992. 

Several  Member  States  have  pointed  out  that  there  are  practical 
difficulties  in  implementing  these  dispositions  on  the  given  date;  the 
net  manufacturers  have  found  themselves  unable  to  satisfy  the  sudden 
heavy demand before this date. 

Considering  that the resources  in question  are not  in  immediate danger, 
postponing  the  date  of  entry  into  force  of the  40 mm  minimum  mesh  size 
for  pelagic  species  and  Nordic  prawns  and  the  80 mm  minimum  mesh  size 
for  sole  in  Regions  1  and  2  until  1  January  1993  would  resolve  the 
abovementioned  difficulties, without  imperilling the stocks  concerned. 

COUNCIL REGULATION  (EEC) No. 

/92 

PROPOSAL FOR A 

amending  for the twelfth time Regulation  (EEC) No. 3094/86 
laying down certain technical measures 
for the conservation of  fishery  resources 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic 

Community, 

Having  regard to Council  Regulation  (EEC) No. 170/83 of  25 January  1983 

establishing  a Community  system  for  the  conservation  and  management  of 

fishery  resources!1),  as  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  Annex  I  of  Council  Regulation  (EEC)  No.  3094/86^2),  as  last 

amended  by  Regulation  (EEC)  No.  345/92^3),  lays  down  a  minimum  mesh 

size of 40 mm  for directed  fisheries  for certain pelagic  species and  for 

prawns 

(Pandalus 

spp.  excluding  Pandalus 

montagui), 

and  a  minimum  mesh 

size of  80 mm  for the sole  fishery,  in Regions  1 and  2 except  Skagerrak 

and Kattegat; 

Whereas under the terms of  the aforementioned  Regulation  these  measures 

enter into force on 1 June 1992; 

Whereas, on the one hand, unforeseen  delays  have  occurred  in the  supply 

of  new  codends  and,  on  the  other,  a  postponement  of  the  date  of 

implementation  would  not  adversely  affect  the  survival  of  the  stocks 

concerned; 

Whereas  Regulation  (EEC)  No.  3094/86  should  accordingly  be  modified  to 

this effect; 

(1) O.J. No. L 24, 27.1.1983, p. 1. 
(2) O.J. No. L 288, 11.10.1986, p. 1. 
(3) O.J. No. L 42, 18.02.1992, p. 15. 

y 

HAS ADOPTED THE FOLLOWING REGULATION: 

Article  1 

Two  footnotes  are  added  to Annex  I of  Regulation  (EEC) No.  3094/86,  as 

follows: 

i)  Footnote  no.  10  in  the  "Minimum  mesh  size"  column  after  the 

figure  "40"  for Regions  1 and 2; 

ii)  Footnote  no.  11  in  the  "Minimum  mesh  size"  column  after  the 

figure  "80"  for  Regions  1  and  2,  authorized  target  species 

"Sole  (Solea 

vulgaris)". 

The text of the new footnotes  is as follows: 

"(10) The use of  32 mm mesh  is authorized  until  31 December  1992." 

"(11) The  use  of  75  mm  mesh  by  vessels  of  221  kw  or  less  is 

authorized  until  31 December  1992." 

Article 2 

This Regulation  shall enter  into force on the day  of  its publication  in 

the Official Journal of the European Communities. 

It shall enter  into force on 1 June 1992. 

This Regulation  shall be binding  in its entirety  and directly  applicable 

in all Member States. 

Done at Brussels, 

For the Council 

The President 

ISSN 0254-1475  S 

COM(92) 225 final 

DOCUMENTS 

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Catalogue number: CB-CO-92-235-EN-C 

ISBN 92-77-44519-X 

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