Proposal for a COUNCIL REGULATION (EC) amending for the sixth time Regulation (EEC) No 1866/86 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound
Date: 1995-12-13
Institutions: European Commission
Subjects: Baltic Sea, conservation of fish stocks, fishery resources, fishing net, fishing regulations, technical standard

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

ii 
* 

it 
-it 

Brussels,  13.12.1995 
CC)M(95)  670  final 

95/0338(CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

amending  for  the sixth  time Regulation  (EEC)  No  1866/86  laying  down  certain 
technical  measures  for  the conservation  of fishery  resources  in  the waters of the 
Baltic Sea, the  Belts and  the Sound. 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

The  Community  is a  Contracting  Party  to  the  International  Baltic  Sea  Fisheries  Commission 
(IBSFC),  the organization  that  lays down  rules concerning  the  conservation  and  management 
of  fishery  resources  of  the  Baltic  Sea.  The  Baltic  Sea  Commission  recommends  every  year 
maximum  catch  levels  as  well  as  certain  technical  measures  to  ensure  the  conservation  and 
responsible  exploitation  of  fishery  resources  in  the  Baltic  Sea. 

The  Community  implements  the  technical  measures  agreed  by  IBSFC  through  Council 
Regulation  1866/X6  as  amended.  At  the  21st  annual  meeting  of  IBSFC,  held  on  September 
1995, certain  new  technical  measures  have  been  adopted  to apply  as of  1996  These  measures 
concern  the  closed  seasons  for  the  cod  fishery  and  the  salmon  and  sea  trout  fishery. 

The  Community  is bound  to  implement  the  measures  recommended  by  IBSFC  subject  to  the 
objection  procedure  laid  down  in  the  International  Baltic  Sea  Convention.  In  the  case  of  the 
technical  measures  adopted  at the last  meeting  of  IBSFC, there  is no  ground  for  an  objection. 
Consequently,  the  Community  must  implement  the  said  measures  as  of  1996.  To  this  effect, 
it  is  proposed  that  Council  Regulation  1866/86  be  amended  for  the  sixth  time. 

Proposal  for 
COUNCIL  REGULATION  (EC)  No. 
of 
amending  for  the  sixth  time  Regulation  (EEC)  No  1866/86  laying  down  certain 
technical  measures  for  the  conservation  of  fishery  resources  in  the  waters  of  the 
Baltic  Sea,  the  Belts  and  the  Sound. 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

1 laving  regard  to the  Treaty  establishing  the  European  Community  and,  in  particular,  Article 

43  thereof, 

Having  regard  to  the  proposal  from  the  Commission1, 

I laving  regard  to  the  opinion  from  the  European  Parliament2, 

Whereas,  under  Articles  2 and  4  of  Council  Regulation  (EEC)  No.  3760/92  of  20  December 

1992  establishing  a  Community  system  for  fisheries  and  aquaculture3,  the  Council  is 

responsible  for  adopting,  in  the  light  of  the  available  scientific  advice,  the  conservation 

measures  necessary  to  ensure  the  rational  and  responsible  exploitation  of  living  marine 

resources  on  a  sustainable  basis;  whereas,  to  that  end,  the  Council  may  lay  down  technical 

measures  concerning  fishing  gear  and  the  ways  in  which  it  is  used; 

Whereas  Regulation  (EEC)  No  1866/864  lays  down  certain  technical  measures  for  the 

conservation  of  fishery  resources  in  the  waters  of  the  Baltic  Sea,  the  Belts  and  the  Sound; 

OJ No  I.  389, 31.12.92,  p. I 

OJ No L  162,  18.06.1986, p.l.  Regulation  as  last amended  by Regulation  (EC) No 2250/95 
(OJ  No  L 230,  27.09.95,  p.l). 

% 

Whereas  the  International  Baltic  Sea  Fishery  Commission,  set  up  by  the  Baltic  Sea 

Convention  and  hereinafter  referred  to  as  the  "Baltic  Sea  Commission",  lays  down  the  rules 

governing  fishing  operations  in  the  Baltic  Sea; 

Whereas  by  letter  of  11 September  1995 the International  Baltic  Sea Commission  notified  the 

Contracting  States of certain recommendations, adopted at the 21 st session of the  Commission, 

to  modify,  among  other  things,  the  technical  measures; 

Whereas  the  International  Baltic  Sea  Convention  (hereinafter  referred  to  as  the  Gdansk 

Convention)  provides  that  the  Community  must  give  effect  to  the  said  recommendations  in 

the  waters  of  the  Baltic  Sea,  the  Belts  and  the  Sound,  subject  to  the  objection  procedure  laid 

down  in  Article  XI  of  the  Convention;  whereas  there  are  no  grounds  for  such  objections, 

HAS  ADOPTED  THIS  REGULATION: 

Article  I 

Regulation  (EEC)  No  1866/86  is  hereby  amended  as  follows: 

1. 

In  Article  2.1  the  provisions  concerning  salmon  {Salmo  salar)  and  sea  trout 

(Salmo  trutta)  shall  be  replaced  by  the  following: 

"Salmon  (Salmo  salar)  and  sea  trout  (Salmo  trutta)(l)  : 

With  drifting  or  anchored  nets: 

15 June  -  30  September 

in  subdivisions  29,30  and  31  north  of  59°30'  N: 

1 June  -  15  September 

With  drifting  lines  and  anchored  lines: 

1 April  -  15  November 

in  subdivisions  subdivision  32: 

1 July  -  15  September 

(1)  The  area  of  prohibition  during  the  closed  season  is  beyond  four  nautical 

miles  measured  from  the  baselines,  except  in  subdivision  32  and  the  area  east 

of  longitude  22°30'  E  (Bengtskar  lighthouse)  inside  the  Finnish  fishery  zone 

where  the  fishing  with  drifting  lines  and  anchored  lines  is  prohibited  from  1 

July  to  15  September" 

3. 

Footnote  (4)  of  Annex  IV  is  replaced  by  the  following: 

"(4)  With  the  exception  of  subdivision  22-24  where  normal  trawls  and  danish 

seines  with  a  mesh  opening  of  90  mm  are  allowed." 

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) 670 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-CO-95-710-EN-C 

ISBN 92-77-97883-X 

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