Proposal for a COUNCIL REGULATION (EC) amending for the seventeenth time, Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources
Date: 1994-11-09
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishery resources, fishing area, fishing regulations, fishing rights

COMMISSION OF  THE EUROPEAN  COMMUNITIES 

C0M(94) 481 final 
Brussels, 09.11.1994 

94/0253  (CNS) 

Proposal  for a 

COUNCIL REGULATION  (EC) 

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

(presented  by  the  Commission) 

EXPLANATORY MEMORANDUM 

This proposal is designed firstly to introduce technical measures for passive gear and secondly 
to introduce a provision banning the use of engine power higher than that authorized within 
the protected area for flatfish.  The opportunity  is also taken to make a technical  amendment 
to the Annex to the Regulation in question. 

1. 

Provisions concerning passive gear 

The  use  of  passive  gear  has  developed  rapidly  in  recent  years,  and  is  now  widespread  in 
Community waters. Fixed net fishing, whether with gillnets, entangling nets or trammel nets, 
has  expanded  fastest.  This  has  resulted  in  a  significant  increase  in  the  mortality  rate  per 
fishery  for  ressources  exploited,  in particular for  demersal species. 

Council  Regulation  (EEC)  No  3094/86  laying  down  certain  technical  measures  for  the 
conservation of fishery resources  focuses  on towed nets (trawl nets and similar). At present 
it does not contain specific provisions regarding the technical characteristics of passive gear. 

Fixed nets can be selective regarding the size of fish caught. But in certain fisheries the mesh 
sizes have been reduced as the average size of catches has  fallen. 

There are various ways of promoting the use of selective fixed nets; in particular, this can be 
done  by  adopting  legislation  on  mesh  size.  This  can  make  a  significant  contribution  to 
maintaining or improving selectiveness, while avoiding complicated technical measures based 
on other elements influencing selectiveness. Moreover, imposing restrictions on the mesh size 
for  fixed  nets depending on the species they are used to fish can help to improve the pattern 
of exploitation  of  such species, to back up  measures regarding minimum  landing  sizes and 
to reduce the number of under-size fish discarded. 

Since the use of fixed nets can be planned and carried out in such a way as to catch only a 
certain  size category  of the target  species, the  imposition of  a minimum percentage  of the 
target  species or group of target species is one way  of promoting the use of such nets with 
the proper degree of selectiveness. Moreover,  such percentages are in line with the rules on 
the  composition  of  catches  already  laid  down  in  Regulation  3094/86  for  other  fishing 
techniques  exploiting the same resources. 

Points  1 to 4  of Article  1 of this proposal  are therefore  designed to  improve the  selectivity 
of  nets  for  target  species  or  groups  of target  species by  establishing  minimum  mesh  sizes 
designed  to  guarantee  selectivity  and  by  fixing  a  rninimum  percentage  of  the  species  or 
groups of species which are being fished. 

II. 

Provisions concerning the use of engine power in the protected area for  flatfish 

Under Article 9(3) of Council  Regulation  (EEC) No 3094/86, only beam trawlers  included 
in a list provided for  in Commission Regulation (EEC) No  55/87 of 30 December  1986 are 

authorized to âsh in the protected area for flatfish. Inclusion in this list is conditional upon 
compliance vàh  eesÊafa criteria 

One of the ccrffckms tèafc a Jshingr vessel must fulfil  HI order to be entered on this list is thai 
its engmerx)wer^ï^ not exceed 221 kW. 

However, themçxàikmwÉmfëm  appointed by theMenaber 
cases fishermen mcreascd the engine power of their vessels 
the list  which erH&ïed trjem to illegally improve the 

Siales have found that in certain 
once they had been entered on 
tot the tetriment of the stocks. 

This increase of engine power is not Êjnnally forbidden by 
which  seems  te  pose  certain problems  ixr the  Member 
prosecuting 

The  second 
engine  power 
effective  p 
Community lam. 

authorities responsible  for 

on using vessds  whose 
area in  order to  ensure 
to  te  enforcement  of 

IDL Traditional^  te  wma& l&pÉÉt@& on  TAC qua&s 
derogations to  te  toâbmsà  nies  Mi  down in Amiex I  m 
regarding  fishing  ir  wartktg in Regions  1 and 2  mi 
herring,  cephafopoé, sardine, blue \«EEE@§ aid pravm 
that these der» 

some temporary 

^Q  No  3094/86 

maefcerei  horse mackerel, 
c  opinion 

An appropriate 

/7  ^L 

COUNCIL REGULATION (EQ No ..../94 

amending, for me seventeenth time, Regulation (EEQ No 3094/86 
laying down certain technical measures for the conservation 
of fishery  resources 

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 Commission1, 

Having regard to the opinion of the European Parliament, 

Having regard to the opinion of the Economic and Social Committee3, 

Whereas under Articles 2 and 4 of Council Regulation (EEC) No 3760/92 of 20 December 
1992 establishing a Community system for fisheries and aquaculture4, the Council must adopt, 
in the light of available scientific opinion, the conservation measures needed to guarantee the 

rational and responsible exploitation of living marine aquatic resources on a sustainable basis; 

whereas, to this end, the Council may establish technical measures regarding fishing gear and 

methods of using it; 

1  OJNo 

2  Opinion delivered on.... 

3  Opinion delivered on 

4  OJ No L 389, 31.12.1992, p. 1. 

1 

ft-

Whereas  it  is  necessary  to  define  principles  and certain procedures  ibr establishing  these 

technical  measures at  Community  level,  so  that  each Member  State  can  manage fishing 

activities in the maritime waters under its jurisdiction or sovereignty; 

Whereas Council Regtiatk&(EBC)No 3094/865, as is^ amen«ied% Council Regulation ( K) 
Nol796/946,  lays  down  the  general  technical  rules  for  catching  and  landing  biological 

resources in the waters which it defines; 

Whereas fishing activities using passive gear, in particular bottom set gillnets, entangling nets 

and trammel nets; have increased sharply over recent decades in the waters of the European 

Union; 

Whereas there is an increasing  tendency to use smaller and smaller mesh sizes for bottom 

set gillnets, entangling nets and trammel nets» which is resulting in increasing mortality rates 

for juveniles of fee target species of the fisheries concerned; 

Whereas this  trend should  be  checked and the  mesh  sizes  used  for passive  gear such  as 

bottom set gillnets, entangling nets and trammel nets should be designed to achieve selective 

catches of the target specks or group of target species, 

Whereas under Article 9(3) and (4) of Regulation (mC)  No 3094/86, only Community beam 

trawlers  meeting certain criteria may be  entered on  a  ast  authorizing them to  fish  in the 

flatfish  protected area; 

Whereas one of these criteria is the restriction of engine power and it is now necessary,  in 

order to enforce  compliance with this criterion, to ban beam trawlers whose engine power 

OJ No L 288,  11.10.1986, p.l. 

OJ No L  187, 22.07.1994, p.l. 

exceeds the levels authorized in paragraphs 3 and 4 of Article 9 after they have been entered 

on the list from fishing  in the fishing  area referred  to in that Article; 

Whereas,  in  the  light  of  scientific  opinion  certain  derogations  from  technical  measures 

established  in Annex  I to  Regulation  (EEC) No 3094/86,  decided  on  an  annual  basis,  may 

now be permanently incorporated  into that Annex; 

Whereas Regulation  (EEC) No 3094/86 should therefore  be amended, 

HAS ADOFrED  THIS  REGULATION: 

ARTICLE 1 

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

1. 

The following paragraph  12 shall be added to to Article 2: 

"12. a) When catches are made in regions  1 and/or 2 by Community fishing vessels 

using bottom set gillnets, entangling nets and/or trammel nets with mesh sizes 

corresponding to one of the categories set out  in Annex VI, the percentage of  quantities 

landed expressed  in live weight,  for  one or any combination  of species or groups of 

species mentioned  in the corresponding mesh size category,  may not be less than 70%. 

b) When catches have been made in region 3 by Community  fishing  vessels 

using bottom set  gillnets, entangling nets and/or trammel nets with mesh sizes 

corresponding to one of the categories set out in Annex VII, the percentage of  quantities 

landed  expressed  in live weight,  for  one or any combination  of species or groups of 

species mentioned  in the corresponding mesh size category,  may not be less than 70%. 

c) Bottom set  gillnets, entangling nets and trammel nets with mesh sizes that 

do not correspond  to any  of the categories set out  in Annexes VI  or VII  are prohibited  and 

may not be kept on board Community  fishing vessels. 

d) For the purposes of mis Regulation, the following définitions apply: 

(i)  "bottom set gillnets or entangling nets" are any gear made up of a 

single piece of net, fixed bymiy means to the bottom of the sea and 

deployed at right angles to the bottom; 

(ii)  "trammel nets" arc my  gear made up of two or more pieces of net one 

on lop of aie other, fixed by any means to aie bottom of the sea  ma 

deployed at n§& angles to die bottom. 

e) Letters a), b% c) and d) do not apply 

tocsEchesofsataionorseatrout. 

2. 

The follo*vmg sifc^aragrafii 4a)  s h^ 

"4a). Fishing vessels which do not satisfy the criteria permitting them to be entered 

on the lists established pursuant to Pm&aghs  3 and 4  shall be ixbidden to engage 

in the fishing activities referred to in those paragraphs." 

3. 

Annex I shall be amended in accordance with Annex A  to this Regulation. 

4. 

Annexes VI and VII shall be added in accordance with Annex B to this Regulation. 

ARTKXE2 

This Regulation shall enter into force on the third day Mowing  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 

•'  N 

• 

For the Council 

The President 

ANNEXA 

In Annex I: 

a)The sixth, seventh and eighth headings of the section "Regions  1  and 2" are replaced by the 

following  text: 

ICES sub-
areas ii, rv, 
V & VI 
north of 
latitude 
56°N 

Entire 
region 
except 
Skagerrak 
and 
Kattegat 

Entire 
region 
except 
Skagerrak 
and 
Kattegat 

(")  as 

Whiting 
(meriangus meriangus) 

70%( 1 3) 

100 of which 
not more than  10% 
of cod, haddock & 
saithe and not 
more 
than  10% of 
plaice 

32 

Mackerel 
(Scomber scombrus) 
Horse mackerel 
(Tmchwus  tmchwus) 
Herring 
(Clupea harengus) 
Pelagic 
cephalopods 
Sardine 
(Sordino, pilchardus) 
Blue whiting 
(Micwmesistius 
poutassou) 

35 

Prawn 
(Pandalus spp. 
except Pandalus 
montagui) 

50 

50 

50 

50 

or 80 
. > cumu 
lated 

50 

50 

30 

10. 

10 

10 

10 

10 

10 

50 

b) 

Footnotes (14),(15) and(16) become(11),(12)  a nd  <13> 

ANNEXEB 

"ANNEXE VI 

"

"

"• 

" 

-" 

MINIMIM  MESH SIZE (Stretched  mesh)  mm 

Species 

Less than 30 

Between 
30 and 75 

Between 
80 and  110 

Between 
115 and 205 

Greater 
than 210 

Sprat  {Sprattus  sprattw) 

Herring  {Clupea harengus) 

Mackerel  {Scomber spp.) 

Red Mullet  (Aédlus spp.) 

Bass {Dicentrarchus spp.) 

Grey Mullet  {Mugil cephalus) 

Sole (Solea spp.) 

Plaice {Pleuronectes platessd) 

•

*> 

Flounder  {Platichthys  flesus) 

Cod {Gadus morhua) 

Pollock {Pollachius pollachius) 

Ling (Molva molva) 

Saithe  {Pollachius virens) 

Hake {Merluccius merluccius) 

Spurdog  {Squalus acanthias) 

Others 

* 

v 

* 

* 

* 

* 

• 

* 

* 

* 

* 

* 

* 

* 

* 

* 

''''"'  -

* 

ANNEXE VH 

MINIMUM  MESH  SIZE  (Stretched  mesh)  mm 

Species 

Less than 30 

Between 
60 and 75 

Greater  than 80 

Sardine  {Sardina pilchardus) 

* 

Horse Mackerel  {Trachurus spp.) 

Mackerel  {Scomber spp.) 

Red Mullet  {Mullus spp.) 

Gurnards {Triglidae) 

Others 

* 

* 

* 

* 

* 

ISSN 0254-1475 

COM(94) 481 final 

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03 

Catalogue number : CB-CO-94-508-EN-C 

ISBN 92-77-81711-9^ 

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