Opinion of the Economic and Social Committee on the "Proposal for a Council Regulation amending for the sixth time Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms"
Date: 2001-01-25
Institutions: European Economic and Social Committee
Subjects: conservation of fish stocks, fishery resources, fishing area, fishing net, fishing regulations, protection of animal life

C 123/74

EN

Official Journal of the European Communities

25.4.2001

Opinion of the Economic and Social Committee on the ‘Proposal for a Council Regulation
amending for the sixth time Regulation (EC) No 850/98 for the conservation of fishery resources
through technical measures for the protection of juveniles of marine organisms’

(2001/C 123/18)

On 26 September 2000 the Council decided to consult the Economic and Social Committee, under
Article 37 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 20 December 2000. The
rapporteur was Mr Chagas.

At its 378th plenary session (meeting of 25 January 2001), the Economic and Social Committee
unanimously adopted the following opinion.

1.

Introduction

1.1.
Council Regulation (EC) No 850/98 introduced techni-
cal measures for the protection of juveniles of marine organ-
isms.

i)

the use of combinations of nets with mesh sizes 16 to
31 mm and greater than or equal to 100 mm or of 80 to
99 mm and greater than or equal to 100 mm in Regions 1
and 2 except the Skagerrak and Kattegat;

j) minimum sizes of crawfish, plaice, surf clams and a

species of horse mackerel;

1.2.
The present proposal is designed to clarify or correct
some of the conditions established in this regulation, which is
now being amended for the sixth time.

k)

the measurement of the size of crawfish.

1.3.

The proposed measures concern:

a)

b)

the calculation of the proportion by live weight of marine
organisms on board after sorting or on landing, with
respect to catches taken by nets of mesh sizes less than
16 mm;

the installation of square-meshed panels into towed nets
of mesh size range 70 to 79 mm and the installation of
sorting grids into towed nets of mesh size range 32 to
54 mm;

c)

fishing with dredges;

d)

landing of parts of crabs or damaged crabs;

ensuring that area-specific minimum sizes of crabs are
duly observed;

informing competent control authorities of required
information relating to fishing in an area established for
the protection of mackerel;

the establishment of areas and time periods closed to
defined methods of fishing, for the protection of hake;

e)

f)

g)

h)

2. General comments

The Committee approves the proposal, on condition

2.1.
that the following recommendations are taken into account.

2.2.
The Committee points out that in order to be feasible
and effective, technical measures must strike the best possible
balance between the desired purpose and fishing activity.

The Committee also recommends that technical con-
2.3.
servation measures must reflect scientific and technological
developments and must be preceded by dialogue with mem-
bers of the sector.

2.4.
The proposed new wording of Article 18(4) will disrupt
crab fishing, as it stipulates that edible crabs may only be
retained and landed if they are whole.

the mesh size of fixed gears to be used when fishing for a
variety of species in the North Sea and adjacent geographi-
cal areas;

By not defining the word ‘whole’, the regulation makes
2.5.
this provision inoperable. Is a crab still whole if it has lost just
one small claw?

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Official Journal of the European Communities

C 123/75

2.6.
The Committee therefore has misgivings about the
feasibility of such provisions for fishermen at sea. The same
applies to checks on these provisions. Such proposals do
nothing to improve the credibility of CFP management
measures in the eyes of the sector.

complicate fishing activity and increase costs both for the
sector and for consumers.

2.10.
The Committee notes that this latest set of amend-
ments, clarifications and corrections brings the total number
of modifications to Regulation (EC) No 850/98 to over 40.

It must be remembered that different parts of the EU
2.7.
have different customs and cultures, with ensuing variations
as regards the market for and consumption of this product.

2.11.
dated version be issued the next
amended.

The Committee therefore recommends that a consoli-
time the regulation is

This problem should be resolved by applying the
2.8.
subsidiarity principle and leaving the Member States to find a
solution that fits in with local practices and traditions.

2.9.
The Committee reiterates that technical measures will
only be effective and achieve their aim if they are simple,
workable and easy to police.

2.9.1.
Amendments to the basic regulation should only be
made when there is practical justification for them, as they

3.

Specific comments

3.1.

The proposed amendment 4 should be deleted.

3.2.
The proposed amendment 6 should be moved to an
annex listing the competent control authorities in the Member
States.

3.3.
There appears to be a mistake in Annex I. The 90-
99 mm mesh size is applicable not only in ICES divisions VIId
and IIIa and in the North Sea.
It also applies in ICES
division VIIe.

Brussels, 25 January 2001.

The President

of the Economic and Social Committee

Göke FRERICHS