Proposal for a COUNCIL REGULATION (EC) amending for the 18th time Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources
Date: 1995-05-30
Institutions: European Commission
Subjects: Portugal, Spain, conservation of fish stocks, fishery resources, fishing area, fishing net

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  30.05.1995 
COM(95)212 final 

95/0133  (CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

amending for the  18th time Regulation  (EEC) No 

3094/86  laying down certain  technical  measures  for  the conservation  of fishery 
resources 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

Article  12 of Council  Regulation (EC) No 685/95 of 27 March  1995 on the management 
of the fishing effort  relating to certain Community fishing  areas and resources1 stipulates 
that, in accordance with the provisions and procedures laid down in Article 4 of Council 
Regulation  (EEC)  No  3760/922  and  in  compliance  with  the  principle  of  non 
discrimination, the Council is to act by 30 June  1995 at the latest on the amendments to 
be made to Council Regulation (EEC) No 3094/86 laying down certain technical measures 
for  the conservation  of fishery  resources3. 

The amendments to be introduced  are as follows: 

1. 

2. 

A ban on the use of driftnets for catching tuna in waters under the sovereignty or 
jurisdiction of Spain or Portugal in ICES sub-areas VIII, IX and X and in CECAF 
areas; 

A ban  on the  use  of  purse  seines  for  catching  tropical  tuna  in  waters under  the 
sovereignty or jurisdiction of Portugal in certain parts of ICES sub-area X and in 
CECAF areas. 

1 
2 
3 

OJNoL71,  31.3.1995,  p. 5. 
OJNoL389,  31.12.1992,  p. 1 
OJ No  L 288,  11.10.1986,  p.  1. Last amended by Regulation (EC) No 3676/93  (OJ No L 341, 
31.12.1993,  p.  1). 

Council  Regulation  (EC) No 

/95  amending for the  18th time Regulation  (EEC) No 

3094/86  laying down  certain technical measures for  the conservation  of fishery 
resources 

Proposal for a 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to die 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 Parliament1, 

Having regard to the opinion of the Economic and Social Committee2, 

Whereas Council Regulation  (EC) No 685/95  of 27 March  1995 on the management of the 
fishing effort  relating  to  certain  Community fishing areas and resources3  provides  for  the 

introduction  of  a  system  for  the  management  of fishing effort  in  certain  areas  as from 1 

January 1996; 

Whereas that management system must ensure that there is no increase in fishing effort and 

existing balances are preserved; 

OIN»L71, 31J.ffM, p. 5. 

>lbU 

Whereas,  in  accordance  with Article  12 of  Regulation  (EC) No  685/95, in order  to  ensure 

the rational  and responsible exploitation of resources on a sustainable basis, amendments are 

to be made to Council Regulation (EEC) No 3094/86 of 7 October  1986 laying down certain 
technical measures for the conservation of fishery resources4; whereas those amendments relate 

to bans on the use of driftnets for catching tuna in waters under the sovereignty or jurisdiction 

of  Spain or Portugal  in ICES sub-areas VIII, IX and X and in CECAF areas and on the use 

of  purse  seines  for  catching  tropical  tuna  (skipjack,  bigeye  and  longfinned  tuna)  in  waters 

under the sovereignty  or jurisdiction  of Portugal  in ICES sub-area X north of 36° 30' N and 

in CECAF areas north of 31° N and east of  17° 30'  W; 

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

HAS ADOPTED  THIS  REGULATION: 

Article 1 

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

In Title IV, the following  paragraph  is inserted  in Article 9: 

Article  9,  paragraph  17 

"17.  Purse  seines  shall  not  be  used  for  catching  tropical  tuna  (skipjack,  bigeye  and 

longfinned  tuna)  in waters under the sovereignty  or jurisdiction of Portugal  in ICES 

sub-area X north of 36° 30' N or in CECAF areas north of 31° N and east of  17° 30' 

W." 

OJ No L 288, 11.10.1986, p. 1. Last amended by Regulation (EC) No 3676/93 (OJ No L 341 
31.12.1993, p. 1). 

In Title  IV, the following  Article is inserted  after  Article 9a: 

"Article 9b 

No vessel shall use driftnets  for  catching tuna in waters under the sovereignty or jurisdiction 

of Spain or Portugal in ICES sub-areas VIII, IX or X or, notwithstanding Article  1, in waters 

under the  sovereignty  or jurisdiction  of  Spain  in CECAF areas off  the  Canary Islands." 

Article 2 

This Regulation  shall enter  into force  on  1 January  1996. 

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(95) 212 final 

DOCUMENTS 

EN 

03  13 

Catalogue number : CB-CO-95-239-EN-C 

ISBN 92-77-89253-6 

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