Proposal for a COUNCIL REGULATION (EC) AMENDING, FOR THE FIFTEENTH TIME, REGULATION (EEC) No 3094/86 LAYING DOWN CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES
Date: 1993-11-26
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishery management, fishery resources, fishing area, fishing rights

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(93) 615 final 

Brussels, 26 November  1993 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

AMENPING. 
FOR THE FIFTEENTH TIME. REGULATION (EEO No 3094/86 
LAYING DOWN CERTAIN TECHNICAL MEASURES 
FOR THE CONSERVATION OF FISHERY RESOURCES 

(presented  by  the Commission) 

-MfMpMNOiiM 

4 

This proposed regulation is intended to modify  Regulation (EEC) No 3094/86 of the Council 
of  7 October  19861,  laying down certain  technical  measures for  the conservation  of  fishery 
resources,  last  modified  by Regulation  (EEC)  No  3034/922. 

The proposed  modifications  consist of a simple transfer,  with no fundamental  kiodification, 
of certain technical  measures already in existence but incorporated into the annuel TAC and 
Quota regulation, from the latter regulation to Regulation (EEC) No 3094/86 which contains 
all  other  technical  measures. 

The measures to be transferred deal with closed areas and/or closed seasons and with certain 
limitations applicable to certain  types of  fishing  gear.  Two advantages  should be noted : 

the  measures transferred  from  the TAC  and Quota  regulation  would  become  stable 
within  Regulation  (EEC)  No  3094/86  which  contains  the whole  family  of  technical 
measures in contrast to their provisional nature within the TAC and Quota regulation 
which  has an annual validity  and which  must be proposed  each year, 

it would be possible thereby to have a TAC and Quota regulation referring exclusively 
to annual  fishing  opportunities. 

1 

O.J.  n°  L 288 of  11.10.1986,  p. 1 

O.J.  n°  L  307 of  23.10.1992,  p.l 

Proposal  for a 

^ 

ÇQUNÇII REGULATION  (EC) 

AMENDING. 

FOR  THE FIFTEENTH  TIME.  REGULATION  (TOO  NO  WMM 
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 

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,  according 
(EEC)  No  3760/92  of 
20  December  1992  establishing  a  Community  system  for  fisheries  and  aquaculture1,  it  is 

to  Article  2  of  Council  Regulation 

incumbent on the Council to define, in the light of available scientific advice, the conservation 

measures  required  for  the  realisation  of  the  objectives  indicated  in  Article  1 of  the  said 

regulation; 

Whereas it is therefore necessary to establish principles and certain procedures at Community 

level so that each Member State can assure the management of the fishing  activities of vessels 

flying  its  flag; 

Whereas, according to Article 4 of Council Regulation n°  3760/92, the Council shall establish 

Community measures laying down the conditions of access to waters and resources and of the 

pursuit  of  exploitation  activities  and,  in  particular,  lay  down  technical  measures  regarding 

fishing  gear  and  its  method  of  use; 

1 

O.J.  N°  L  389,  31.12.1992,  p.l 

V 
Whereas,  Council  Regulation  (EEC)  n°  3094/862,  as  modified  by  Council  Regulation 
n°  3034/923,  defines  the  general  technical  rules  for  the  capture  and  landing  of  biological 

resources  to be  found  in  the areas  which  it  delimits; 

Whereas,  taking  account  of  the latest  scientific  advice,  it  is  necessary  to establish  seasonal 

limitations  on  fishing  activities  in  the  Firth  of  Clyde  and 

the  Irish  Sea  in  order  to  limit 

fishing  for  herring; 

Whereas,  taking  account  of  the  scientific  advice,  it  is  necessary  to  establish  seasonal 

limitations  on  fishing  activities  in  the  Skagerrak  and  the  Kattegat; 

Whereas, the catching of certain species to be transformed  into fish-meal of oil can be carried 

out with a derogatory  mesh size provided  that such catching operations do not have a negative 

influence  on  other  demersal  stocks,  in  particular  cod  and  haddock; 

Whereas,  these restrictions  on  fishing  activities  should  be considered  as  technical  measures 

and  should  be  incorporated  into  Council  Regulation  (EEC)  n°  3094/86  by  means  of  a 

modification  of  the  latter; 

HAS  ADOPTED THIS  REGULATION: 

2 
3 

O.J.  n°  L288,  11.10.1986,  p.l 
O.J.  n°  L 307, 23.10.1992,  p. 1 

I 

Article 1 

Regulation  (EEC) No 3094/86  is  hereby amended as  follows: 

1.  Article 7: 

i. 

paragraph 2 is cancelled and paragraph 3 becomes paragraph 2; 

ii. 

the following  paragraphs are added: 

"3.  Fishing  for  herring  shall  be prohibited  from  1 July to 31  October within  the area 

bounded by the following  coordinates : 

-  the west coast of  Denmark at 55°  30'N, 

-  latitude 55°30'N  longitude 07°  00'E, 

-  latitude 57°00'N  longitude 07°  00'E, 

-  the west coast of  Denmark at 57°  00*N, 

4.  Fishing  for  herring  shall be prohibited  in the zone extending  from  six  to  12 miles 

off  the east coast of  the United  Kingdom  as measured  from  the baselines  between 

latitudes  54°  10'N  and  54°  45'N  for  the period  15  August  to  30  September and 

between 

latitudes  55°  30'N  and  55°  45'N  for  the  period  15 August  to 

15 September. 

5.  Fishing  for  herring  shall be prohibited  throughout  the year in the Irish Sea (ICES 

Division  Vila)  in the maritime area between  the west coasts of  Scotland,  England 

and Wales and a line drawn  12 miles from the baselines of these coasts bounded to 

the south by latitude 53°  20'N  and to the north-west by a line drawn  between the 

Mull of  Galloway  (Scotland)  and the Point of  Ayre  (Isle of Man). 

6.  Fishing  for  herring  shall  be prohibited  from  21  September to 31  December  in the 

parts of  the Irish Sea (ICES division  VII a) bounded by the following  coordinates: 

c 

a) 

- the east coast of  the Isle of  Man at latitude 54°  20'N, 

-  latitude 54°  20'N,  longitude  3°  40'W, 

-  latitude 53°  50'N,  longitude 3°  50'W, 

-  latitude 53°  50'N,  longitude 4°  50'W, 

-  the south-west coast of  the Isle of  Man at longitude 4°  50'W; 

,b) 

- the east coast of  Northern  Ireland at latitude 54°  15'N, 

-  latitude 54°  15'N,  longitude 5°  15'W, 

-  latitude 53°  50'N,  longitude 5°  50'W, 

-  the east coast of  Ireland at latitude 53°  50'N. 

Fishing for herring shall be prohibited throughout all the year in Logan Bay, defined 

as being the waters east of a line drawn from the Mull of Logan, situated at latitude 

54°  44'N and longitude 4°  59'W,  to Laggantalluch  Head,  situated  at latitude  54° 

41'N  and longitude 4°  58'W. 

7.  Notwithstanding paragraph 6, vessels with a length not exceeding  12.2  metres based 

in ports situated on the east coast of Ireland and Northern Ireland between latitudes 

53°  00'N  and 55°  00'N  may  fish  for  herring  in  the prohibited  area described  in 

paragraph 6(b).  The only  method of  fishing  authorized  shall be drift  netting with 

nets of  a minimum  mesh  size of  54  mm. 

8.  Fishing for herring shall be prohibited in the maritime area situated to the north-east 

of  a line  drawn between  Mull  of  Kintyre  and  Corsewall  Point  from  1 January  to 

30 April. 

9.  The areas and periods described  in this Article  may be altered in accordance with 

the procedure  laid down  in  Article  17. 

I 

2.  The following  paragraph  is added  to Article  10: 

"17.  Trawling  and purse  seining  for  mackerel,  sprat and herring  shall  be prohibited in 

the Skagerrak  from Saturday midnight to Sunday midnight and in the Kattegat from 

Friday  midnight  to Sunday  midnight." 

3. 

In  Annex  I,  under  the  heading  "Regions  1 and  2",  geographical  zone  "entire  region 
except Norway pout box(5)", the data concerning the "maximum percentage of protected 

species" are replaced  by  "15 of  which  not  more than 5  %  of  cod  and  haddock". 

Article 2 

This  Regulation  shall  enter  into  force  on  the  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 Brussels, 

For  the Council 

The  President 

? 

ISSN 0254-1475 

COM(93) 615 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-93-656-EN-C 

ISBN 92-77-61905-8 

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