Proposal for a Council Regulation (EC) amending Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms
Date: 1998-10-14
Institutions: European Commission
Subjects: conservation of fish stocks, fishery resources, fishing regulations, protection of animal life, technical standard

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  14.10.1998 
COM(1998) 570  final 

98/0291 (CNS) 

Proposal for a 

COUNCIL REGULATION (EC) 

amending Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery 
resources through technical measures for the protection of juveniles of marine 
organisms 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

On 30 March  1998 the Council  of Ministers adopted  Council  Regulation  (EC) No 850/98  for 
the  conservation  of  fishery  resources  through  technical  measures  for  the  protection  of 
juveniles  of  marine  organisms.  After  the  regulation  was  adopted  and  published  it  soon 
became apparent  that  this  lengthy  and  technically  complicated  piece  of  legislation  exhibits a 
number  of  omissions,  textual  errors  and  editorial  inadequacies.  The  enclosed  proposal  for  a 
Council  Regulation  attempts to address these  inelegancies  by  means of amending  Regulation 
(EC) No 850/98. 

Proposal for a 

COUNCIL REGULATION (EC) No ...J» 

of... 

amending Regulation (EC) No 850/98 of 30 March  1998 for the conservation  of fishery 
resources through technical  measures for the protection of juveniles of marine 
organisms 

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, 

Having regard to the opinion of the European  parliament, 

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

Whereas  Council  Regulation  (EC)  No  850/98  of  30  March  1998  for  the  conservation  of 
fishery  resources  through  technical  measures  for  the  protection  of  juveniles  of  marine 
organisms exhibits a number of omissions, textual errors and editorial  inadequacies; 

Whereas  following  a  redefinition  by  the  United  Kingdom  of  its  fisheries  limits  no  part  of 
ICES  sub-area  XII  north  of  latitude  56° N  falls  under  the  sovereignty  or jurisdiction  of  the 
Member States; whereas therefore this area need no longer be referred  to; 

Whereas  the  method  by  which  the  size  of  a  spinous  spider  crab  must  be  determined  is 
considered to be impractical and has therefore to be revised; 

Whereas Regulation (EC) No 850/98 should therefore  be amended, 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 850/98 is hereby amended as follows: 

Article  1 

1. 

2. 

In Article  29.4.(b).(iii), third  indent, the  words "quantities  of plaice  and  sole" shall 
be replaced  by: "quantities of plaice and/or sole". 

In  Article  30.2, subparagraph  (b)  shall  be replaced  by:  "(b)  ICES  Division Vb and 
ICES sub-area VI north of latitude 56° N." 

3. 

In Annex I: 

(a)  footnote  (1)  shall  be  replaced  by:  "(1)  In  the  North  Sea  from  I  March  to 
31 October,  and  during  the  whole  of the  year  in  the  remainder  of  Regions  1 and  2, 
except Skagerrak and  Kattegat"; 

(b) footnote  (6) shall  be replaced  by: "(6) During the first  year  following  the date of 
application  of this  Regulation  a minimum  percentage  of target  species  of  50% shall 
pertain  with  respect  to  catches  taken  in  Region  2  with  the  exception  of  the  North 
sea, ICES Division  Vb and sub-area VI north of latitude 56° N". 

4. 

5. 

6. 

Annex IV shall be replaced  by Annex I to this  Regulation. 

In Annex IX, the line "70-79 + >- 70" shall  be replaced  by: "60-69 + >- 70". 

In Annex  XII, all  reference  to "Mackerel  (Scomber scombrus)"  shall  be replaced  by 
"Mackerel  (Scomber  spp.)",  and  all  reference  to  "Horse  mackerel  (Trachurus 
trackurusy  shall be replaced by "Horse mackerel  (Trachurus  spp.)". 

7. 

In Annex XIII, paragraph  5 shall be replaced  by: 

"5.  (a) The size of a spinous  spider crab shall  be measured,  as shown  in Figure 4A, 
as  the  length  of  the  carapace,  along  the  midline,  from  the  edge  of  the  carapace 
between the rostrums to the posterior edge of the carapace. 

(b)  The  size  of  an  edible  crab  shall  be  measured,  as  shown  in  Figure  4B  as  the 
maximum  width  of  the  carapace  measured  perpendicular  to  the  antero-posterior 
midline of the carapace." 

8. 

Figure 4A shall  be replaced by the figure  in Annex II to this Regulation. 

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  January 2000. 

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

Done at Brussels, 

For the Council, 
The President 

"ANNEX 

IV 

ANNEX  I 

T O W ED  GEARS:  Skagerrak  and  Kattegat 

M e sh  size  ranges,  target  species  and  required  catch  percentages 

applicable  to  t he  use  of  a  single  mesh  size  range 

Species 

< 16 

16-31 

32-69 

70-89 

>90 

Mesh size range (millimetres) 

Minimum percentage of target  species 

50% 

50% 

20% 

50% 

20% 

50% 

30% 

none 

Sand eels {Ammodytidae) (3) 

X 

Sand eels {Ammodytidae) (4) 

Norway pout  (Trisopterus esmarkii) 

Blue whiting {Micromesistius poutassou) 

Greater  weaver  (Trachinus  draco)  0) 

Molluscs (except  Sepia) {1) 

Garfish iBeione be/one) (1) 

Gray gurnard {Eutrigta  gurnardus) 0) 

Argentine {Argentina spp.) 

Sprat  ISprattus sprattus) 

Eel {Anguilla,  anguilla) 

Common  shrimp/Baltic  shrimp  {Crangon spp., 

Paiaemon adspersus) (  ) 

Mackerel {Scomber spp.) 

Horse mackerel  (Trachurus spp.) 

Herring {Clupea harengus) 

Northern shrimp {Pandalus boreafis) 

Common  shrimp/Baltic  shrimp  {Crangon spp., 
Paiaemon adspersus)  {1) 

Whiting {Meriangius meriangus) 

Norway lobster  {Nephrops norvegicus) 

AH other  marine organisms 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

*  X 

X 

X 

X 

X 

X 

X 

X 

( ') 

(*) 
(3) 
(4) 

Only  within  4  miles  from  the  baselines. 

Outside  4  miles  from  the  baselines. 

From  1  March  to  31  October  in  Skagerrak  and  from  1  March  to  31  July  in  Kattegat. 

From  1  November  to  the  last  day  of  February  in  Skagerrak  and  from  1 August  to  the  last  day  of 
February  in  Kattegat." 

"Figure 4A " 
"Figure 4A " 

ANNEX II 
ANNEX II 

6 

ISSN 0254-1475 

COM(98) 570 final 

DOCUMENTS 

EN 

03  14  02  10 

Catalogue number  :  CB-CO-98-576-EN-C 

ISBN  92-78-39739-3 

Office  for Official  Publications of the European Communities 

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