Council Regulation (EC) No 1239/98 of 8 June 1998 amending Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources
Date: 1998-06-08
Institutions: Council of the European Union
Subjects: EU Member State, conservation of fish stocks, conservation of resources, fishing area, fishing regulations

17. 6. 98

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1239/98

of 8 June 1998

amending Regulation (EC) No 894/97 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 Commission (1),

Having regard to the opinion of
liament (2),

the European Par-

Having regard to the opinion of the Economic and Social
Committee (3),

(1) Whereas Articles 2 and 4 of Council Regulation
(EEC) No 3760/92 of 20 December 1992 estab-
lishing a Community system for fisheries and aqua-
culture (4) state that the Council is to establish, in the
light of available scientific opinion, conservation
measures necessary to ensure rational and respons-
ible exploitation, on a sustainable basis, of living
marine resources, taking account, inter alia, of the
impact of fishing on the marine ecosystem; whereas
for that purpose the Council may adopt technical
measures regarding fishing gear and its method of
use;

(2) Whereas it is necessary to establish the principles
so that
and certain rules at Community level
Member States may ensure the management of
fishing activities by vessels flying their flag or under
their jurisdiction;

(3) Whereas Regulation (EC) No 894/97 (5)

regulates

fishing with drift-nets;

(4) Whereas fishing activities using drift-nets have in the
past undergone a rapid increase in terms of fishing
effort; whereas uncontrolled expansion of these activ-

(1) OJ C 118, 29. 4. 1994, p. 2.
(2) OJ C 305, 31. 10. 1994, p. 83.
(3) OJ C 393, 31. 12. 1994, p. 175.
(4) OJ L 389, 31. 12. 1992, p. 1. Regulation as last amended by

the 1994 Act of Accession.
(5) OJ L 132, 23. 5. 1997, p. 1.

ities could present a grave risk of an excessive
increase in the fishing effort as regards the target
species;

(5) Whereas Article 130r(2) of the Treaty establishes the
principle that all Community measures must take
account of
environmental
requirements of
protection in a precautionary spirit;

the

(6) Whereas, in accordance with the Community’s inter-
national obligations to contribute towards the conser-
vation and management of the biological resources
of the oceans, it is necessary to regulate strictly any
expansion of drift-net fishing by Community vessels;

(7) Whereas restrictions on the length of drift-nets are

required;

(8) Whereas drift-net

fishing for tuna, swordfish and
certain other species gives rise to by-catches and a
risk for the populations of species other than the
target species;

(9) Whereas,

in view of

the risk of an uncontrolled
expansion of the fishing effort and the lack of suffi-
their use should be
cient selectivity of drift-nets,
prohibited in fisheries for tuna, swordfish and certain
other species; whereas the transition should be made
rapidly to avoid any ecological risks;

(10) Whereas Community vessels which have fished with
drift-nets for those species are subject to economic
constraints necessitating
a phasing-out period;
whereas the continuation of fishing with drift-nets by
these vessels should be authorised until 31 December
2001;

(11) Whereas technical conservation measures for fishing
in the Baltic Sea are laid down in Regulation (EC)
No 88/98 (6);

(6) OJ L 9, 15. 1. 1998, p. 1.

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(12) Whereas fishing using drift-nets should take place
only under conditions where such use can be, and
actually is, controlled;

(13) Whereas Commission Regulation (EEC) No 2807/83
of 22 September 1983 laying down detailed rules for
recording information on Member States’ catches of
fish (1) does not cover all fisheries concerned by the
use of drift-nets; whereas the general provisions of
Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the
common fisheries policy (2) concerning logbooks and
landing declarations will not apply to the Mediter-
ranean until 1 January 1999;

(14) Whereas, therefore, the control of fishing using drift-
nets poses special difficulties; whereas specific provi-
sions for that activity should be defined;

(15) Whereas the consequences of fishing using drift-nets
to constant assessment; whereas,

must be subject
therefore, the necessary data must be collected;

(16) Whereas the logbook data must be verified against
the volume of landings, on which effective checks
must be possible;

(17) Whereas

the Member States must

supply the
Commission with certain information necessary for
the supervision at Community level of the checks
they carry out;

(18) Whereas any failure to comply with the provisions of
this Regulation should be subject to sanctions by
Member States in accordance with Regulation (EC)
No 2847/93,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 894/97 is hereby amended as follows:

1. Article 11 shall be replaced by the following:

‘Article 11

No vessel may keep on board, or use for fishing, one
or more drift-nets whose individual or total length is
more than 2,5 kilometres.

Article 11a

1.
board, or use for

From 1 January 2002, no vessel may keep on
fishing, one or more drift-nets

(1) OJ L 276, 10. 10. 1983, p. 1. Regulation as last amended by
Commission Regulation (EC) No 2945/95 (OJ L 308, 21. 12.
1995, p. 18).

(2) OJ L 261, 20. 10. 1993, p. 1. Regulation as last amended by
Regulation (EC) No 686/97 (OJ L 102, 19. 4. 1997, p. 1).

intended for the capture of species listed in Annex
VIII.

From 1 January 2002, it is prohibited to land
2.
species listed in Annex VIII which have been caught
in drift-nets.

In 1998,

Until 31 December 2001, a vessel may keep on
3.
board, or use for
fishing, one or more drift-nets
referred to in paragraph 1 after receiving authorisation
from the competent authorities of the flag Member
State.
the maximum number of vessels
which may be authorised by a Member State to keep
on board, or use for fishing, one or more drift-nets
shall not exceed 60 % of the fishing vessels which
used one or more drift-nets during the period 1995 to
1997.

States

communicate

4. Member
the
shall
Commission for each target species by 30 April of each
year, the list of vessels authorised to carry out fishing
activities using the drift-nets referred to in paragraph 3;
for 1998, the information shall be sent not later than
31 July 1998.

to

Article 11b

1.
All fishing vessels using one or more drift-nets
intended for the capture of species listed in Annex
VIII shall operate under the following conditions:

— during fishing activity, the vessel must keep the net

under constant visual observation,

— floating buoys, with radar

reflectors, must be
moored to each end of the netting, so that its posi-
tion can be determined at any time. The buoys
must be permanently marked with the registration
letter(s) and number of the vessel to which they
belong.

2.
The master of a fishing vessel using one or more
drift-nets referred to in paragraph 1 shall keep a
logbook in which he must record the following infor-
mation on a day-to-day basis:

— the total length of the nets on board,

— the total length of the nets used in each fishing

operation,

— the quantity of each species caught during each
fishing
and
discards at sea, in particular cetaceans, reptiles and
sea-birds,

by-catches

operation,

including

— the quantity of each species held on board,

— the date and position of such catches.

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All masters

3.
referred to in paragraph 2 shall
forward to the competent authorities of the Member
State of landing a declaration giving at least the quant-
ities of each species landed and the catch dates and
zones.

4. Masters of vessels using one or more drift-nets
referred to in paragraph 1 who wish to use a landing
location in a Member State shall notify the competent
authorities in the Member State concerned, at least two
hours before arrival in port, of the planned landing
location and time of arrival.

5.
All fishing vessels using one or more drift-nets
referred to in paragraph 1 shall keep on board the
prior authorisation to fish issued by the competent
authorities of the flag Member State.

6.
In the case of failure to comply with the obliga-
tions laid down in Articles 11 and 11a and this Article,
appropriate
the
measures in respect of the vessels concerned, in ac-

competent

authorities

shall

take

cordance with Article 31 of Regulation (EEC)
No 2847/93.

Article 11c

With the exception of waters covered by Council
Regulation (EC) No 88/98 of 18 December 1997 laying
down certain technical measures for the conservation
of fishery resources in the waters of the Baltic Sea, the
notwithstanding
Belts
Article 1(1), Articles 11, 11a and 11b shall apply in all
waters falling within the sovereignty of jurisdiction of
the Member States and, outside those waters shall
apply to all Community fishing vessels.

Sound (*)

and

and

the

(*) OJ L 9, 15.1.1998, p. 1.’

2. The text annexed hereto shall be added as Annex VIII.

Article 2

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the
European Communities.

It shall apply from 1 July 1998.

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

Done at Luxembourg, 8 June 1998.

For the Council

The President

J. CUNNINGHAM

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ANNEX

‘ANNEX VIII

— Albacore: Thunnus alalunga

— Bluefin tuna: Thunnus thynnus

— Bigeye tuna: Thunnus obesus

— Skipjack: Katsuwonus pelamis

— Atlantic Bonito: Sarda sarda

— Yellowfin tuna: Thunnus albacares

— Blackfin tuna: Thunnus atlanticus

— Little tuna: Euthynnus spp.

— Southern bluefin tuna: Thunnus maccoyii

— Frigate tuna: Auxis spp.

— Oceanic sea breams: Brama rayi

— Marlins: Tetrapturus spp.; Makaira spp.

— Sailfishes: Istiophorus spp.

— Swordfishes: Xiphias gladius

— Sauries: Scomberesox spp.; Cololabis spp.

— Dolphinfishes: Coryphœna spp.

— Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphymidae;

Isuridae; Lamnidae

— Cephalopods: all species’.