Proposal for a COUNCIL REGULATION (EC) introducing transitional measures into Regulation (EC) No 1626/94 laying down certain technical measures for the conservation of fishery resources in the Mediterranean
Date: 1996-04-30
Institutions: European Commission
Subjects: Mediterranean Sea, catch of fish, conservation of fish stocks, fishery resources, fishing regulations

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  30.04.1996 
COM(%)  128  final 

96/0091  (CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

introducing  transitional  measures  into  Regulation  (EC)  No  1626/94  laying  down 
certain  technical  measures  for  the  conservation  of  fishery  resources  in  the 
Mediterranean 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

Regulation  (EC)  No  1626/94,  adopted  by  the  Council  on  27  June  1994,  laying  down 
certain  technical  conservation  measures  for  Mediterranean  fishery  resources  sets inter  aiia 
minimum  catch  sizes for  certain  species  and  minimum  net  mesh  sizes. Its  entry  into  force 
on  1 January  1995  has  brought  specific  problems  for  Italian  fishermen  in  the  Adriatic, 
particularly  for  hake  and  red  mullet.  Use  of  the  mesh  sizes  permitted  by  the  Regulation 
entails  capture  of  a large  proportion  of  fish  below  the  minimum  size  that  the  Regulation 
itself  imposes  and  these  have  to  be  discarded  into  the  sea. 

These  problems  are  aggravated  by  the  presence  of  fishermen  from  non-Union  countries 
competing  for  the  same  fishing  grounds,  species  and  markets,  but  who  are  not  subject  to 
the  same  restrictions  as  regards  fish  size. 

The  solution  is to  introduce  temporary  derogations  from  the  rules  causing  these  problems 
in  the  Adriatic.  The  aim  of  these  measures  is to  permit  the  fishermen  concerned  to  adjust 
their  activities  gradually  to  the  rules  in  question,  reducing  catches  of  small-sized  fish  to 
a  minimum  by  the  gradual  alteration  of  fishing  practices. 

in  its  resolution  of  5  April  1995  considered 

it  indispensable  also  that 
Parliament 
Regulation  (EC)  No  1626/94  be  amended  to  enable  the  Italian  regions  concerned  to 
implement  it  correctly. 

The  Commission  has  accordingly  drawn  up  a  draft  Regulation 
transitional  provisions  as  follows: 

introducing  certain 

Authorization  is  granted  to  take  fish  below  the  minimum  size.  The  derogation  is 
subject  to: 

a  quantitative  ceiling  of  30% of  the  total  catch  in  terms  of  individual  fish 
numbers; 
a  time  limit:  adjustment  is  to  be  a  two-stage  operation  resulting  in  the 
application  of  the  general  rule  on  1 January  1999; 
a  restriction  in  terms  of  its  scope  meaning  that  it  covers  only  catches  of 
hake  taken  by  trawl  and  red  mullet  taken  by  bottom  trawls  in  the  Adriatic 
Sea. 

Provision 
difficulties  might  arise. 

is  made  for  extending  the  derogation 

to  other  areas  where  similar 

The  Community  rules on  marketing  in  the  area  concerned  are  amended  accordingly. 

PROPOSAL  FOR 

COUNCIL  REGULATION  (EC)  No 

of 

introducing  transitional  measures  into  Regulation  (EC)  No  1626/94  laying  down 
certain  technical  measures  for  the  conservation  of  fishery  resources  in  the 
Mediterranean 

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  Parliament2, 

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

Whereas  application  in  the  Adriatic  Sea  of  the  provisions  of  Council  Regulation  (EC) 
No  1626/94 of  27  June  1994 laying  down  certain  technical  measures  for  the  conservation 
of  fishery  resources  in  the  Mediterranean4  has  brought  about  specific  difficulties  linked 
to  the  inevitable  capture  of  a  large  proportion  of  undersized  fish,  particularly  hake  and 
red  mullet; 

Whereas  these  difficulties  are aggravated  in  the  Adriatic  by  the presence  of  vessels  flying 
the  flag  of  non-member  countries  which  are  competing  for  the  same  stocks  and  the  same 
markets  but  which  are  not  required  to  observe  the  same  technical  rules  as  apply  to 
Community  fishermen; 

Whereas  it  is  necessary  to  find  solutions  that  are  not  detrimental  to  the  purpose  behind 
the  rules that  entered  into  force  in  1995, i.e.  improvement  of  resource  conservation  in  the 
Mediterranean;  whereas  temporary  derogations,  applicable  to  the  Adriatic  Sea,  should 
therefore  be  introduced  from  the  provisions  on  minimum  fish  sizes  set  in  Annex  IV  to 
Regulation  (EC)  No  1626/94; 

Whereas the purpose of these temporary  derogations  is to enable  fishermen  in the  Adriatic 
to  adjust  gradually  to  the  introduction  of  more  selective  measures,  in  particular  where 
catches  of  hake  and  red  mullet  are  concerned; 

O J No  L  171, 6.7.1994,  p.l. 

3 

Whereas  on  5  April  1995  the  European  Parliament  adopted  a  resolution  advocating 
amendment  of  Regulation  (EC)  No  1626/94  so  that  its  provisions  could  be  applied  by 
fishermen  in  the  Italian  regions; 

Whereas  a  similar  situation  could  arise  in  other  areas  of  the  Mediterranean;  whereas  a 
procedure  should  be  adopted  under  which  the  provisions  of  this  Regulation  could  be 
extended  to  those  areas; 

Whereas  specific  provision  should  also  be  made  as  regards  marketing  of  the  species  in 
question  in  the  Adriatic  coastal  zones  of  Italy, 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

Article  8(1)  of  Regulation  (EC)  No  1626/94  notwithstanding,  all  catches  of  hake 
(Merluccius  merluccius)  and  red  mullet  (Mullus spp.) taken  in  the  Adriatic  Sea by  bottom 
trawls  may  include  fish  smaller  in  size  than  indicated  in  Annex  IV  to  that  Regulation,  on 
the  following  terms: 

-  up  to  31  December  1996, for  hake  retained  on  board,  the  number  of  fish  of  a size 
between  14  cm  and  20  cm  may  not  exceed  30% of  catches. This  minimum  length 
is  raised  to  17  cm  for  the  period  1 January  1997  to  31  December  1998; 

-  up  to  31  December  1996, for  red  mullet  retained  on  board,  the  number  offish  of 
a  size  between  7  cm  and  11  cm  may  not  exceed  30%  of  catches.  This  minimum 
length  is  raised  to  9  cm  for  the  period  1 January  1997  to  31  December  1998. 

Article  2 

For  the  purposes  of  Council  Regulation  (EEC)  No  103/76  of  28  January  19765,  the 
minimum  marketing  size  for  hake  in  the  Adriatic  coastal  zones  of  Italy  shall  be  14  cm 
up to  31  December  1996  and  17 cm  for  the  period  1  January  1997 to  31  December  1998. 

Article  3 

The  derogation  specified  in  Article  1  may,  at  the  adequately  grounded  request  of  a 
Member  State,  be  extended,  in  accordance  with  the  procedure  laid  down  in  Article  18 of 
Council  Regulation  (EEC)  No  3760/92  of  20  December  19926,  for  the  period  referred  to 
in  Articles  1  and  2  to  other  zones  where  stocks  shared  with  non-Union  countries  are 
fished. 

5 
6 

OJNo  L  20,28.  1.1976, p. 29. 
OJNOL  389, 31.12  1992, p.  I. 

Article  4 

4-

This Regulation shall  enter into force on the seventh  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, 

For the Council 

ISSN  0254-1475 

COM(96) 128  final 

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