Proposal for a Council Regulation (EC) amending for the seventh 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: 1997-12-09
Institutions: European Commission
Subjects: Baltic Sea, catch quota, conservation of fish stocks, fishery resources, fishing rights

C  4/6

EN

Official  Journal  of  the  European  Communities

8.  1.  98

Proposal  for  a  Council  Regulation  (EC)  amending  for  the  seventh  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

(98/C  4/05)

(Text  with  EEA  relevance)

COM(97)  675  final  -  97/0354(CNS)

(Submitted  by  the  Commission  on  10  December  1997)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community  and,  in  particular,  Article  43  thereof,

Fishery  Commission’,  set  up  by  the  Convention  on
Fishing  and  Conservation  of  Living  Resources  in  the
Baltic  Sea  and  the  Belts,  hereinafter  referred  to  as  "the
lays  down  the  rules  governing
Gdansk  Convention’, 
fishing  operations  in  the  Baltic  Sea;

Having  regard  to  the  proposal  from  the  Commission,

Having  regard 
Parliament,

to 

the  opinion 

from 

the  European

Whereas,  pursuant  to  Articles  2  and  4  of  Council  Regu(cid:220)
lation  (EEC)  No  3760/92  of  20  December  1992  estab(cid:220)
lishing  a  Community  system  for  fisheries  and  aqua(cid:220)
culture(cid:216)(˛),  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  Council  Regulation  (EEC)  1866/86(cid:216)(ˇ) 
lays
down  certain  technical  measures  for  the  conservation  of
fishery  resources  in  the  waters  of  the  Baltic  Sea,  the  Belts
and  the  Sound;

Whereas 
Fishery
Commission,  hereinafter  referred  to  as  the  "Baltic  Sea

International 

Baltic 

Sea 

the 

Whereas  by  letter  of  17  September  1997  the  Baltic  Sea
Fishery  Commission  notified  the  Contracting  States  of
certain  recommendations,  adopted  at  the  23rd  session  of
the  Commission,  to  modify,  among  other  things,  some
technical  measures;

Whereas 
the
the  Gdansk  Convention  provides 
Community  must  give  effect  to  the  said  recommen(cid:220)
dations  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;

that 

Whereas,  the  Council  may  lay  down  technical  measures
concerning  fishing  gear  and  the  ways  in  which  it  is  used,

HAS  ADOPTED  THIS  REGULATION:

Article  1

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

1. In  Article  2  (1)  the  provisions  concerning  flounder  (Platichtys  flesus)  and  plaice  (Pleuronectes

platessa)  shall  be  replaced  by  the  following:

(˛)(cid:217)OJ  L  389,  31.  12.  1992,  p.  1,  Regulation  as  amended  by  the

1994  Act  of  Accession.

(ˇ)(cid:217)OJ  L  162,  18.  6.  1986,  p.  1,  Regulation  as  last  amended  by
Regulation  (EC)  No  1821/96  (OJ  L  241,  21.  9.  1996,  p.  8).

8.  1.  98

EN

Official  Journal  of  the  European  Communities

C  4/7

"Species

Water

Period  of  prohibition

Flounder  (Platichtys  flesus)

Subdivision  26,  28  and  29  south  of
latitude  59›(cid:216)30(cid:190)  N

15  February  to  15  May

Flounder

Female  flounder

Plaice
(Pleuronectes  platessa)

Female  plaice

Subdivision  32

Subdivision  22 
geographical 
Annex  II

except 

for 
area  described 

1  February  to  30  June

1  February  to  30  April

the
in

Subdivision  26,  27,  28  and  29  south
of  latitude  59›(cid:216)30(cid:190)  N

15  February  to  15  May

except 

for 
area  described 

the
Subdivision  22 
geographical 
in
Annex  II  and  subdivisions  24  and
25

1  February  to  30  April’

2. Article  9  (1)  shall  be  replaced  by  the  following:

"1.(cid:218)(cid:217)It  shall  be  prohibited,  in  fishing  for  salmon
(Salmo  salar)  or  sea  trout  (Salmo  trutta):

-(cid:217)to  use  drifting  or  anchored  nets  from  1  June  to  15

September  in  waters  of  subdivision  22  to  31,

-(cid:217)to  use  drifting  or  anchored  nets  from  15  June  to

30  September  in  waters  of  subdivision  32,

-(cid:217)to  use  drifting  lines  and  anchored  lines  from  1
the  waters  of

to  15  November 

in 

April 
subdivisions  22  to  31,

The  area  of  prohibition  during  the  closed  season  is
beyond 
the
four  nautical  miles  measured 
baselines,  except  subdivision  32  and  the  area  east  of
longitude  22›(cid:216)30(cid:190) E  (Bengtsk…r  lighthouse)  inside  the
Finnish  territorial  waters  and  fishing  zone  where
fishing  with  driftlines  and  anchored  lines  is  prohibited
from  1  July  to  15  September.’

from 

Article  2

This  Regulation  shall  enter  into  force  on  1  January  1998.

-(cid:217)to  use  drifting  lines  and  anchored  lines  from  1
July  to  15  September  in  the  waters  of  subdivision
32.

This  Regulation  shall  be  binding 
directly  applicable  in  all  Member  States.

in 

its  entirety  and