Proposal for a Council Regulation amending Regulation (EC) No 88/98 as regards the extension of the trawling ban to Polish waters
Date: 2004-09-30
Institutions: European Commission
Subjects: Poland, conservation of fish stocks, fishing area, fishing net, fishing regulations, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.9.2004 
COM(2004) 622 final 

. 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 88/98 as regards the extension of the trawling 
ban to Polish waters  

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council  Regulation  (EC)  No  88/98  of  18  December  1997  lays  down  certain  technical 
measures for the conservation of fishery resources in waters of the Baltic Sea, the Belts and 
the Sound. An Amendment of the Regulation is required following the accession of Poland to 
the European Union.  

The  International  Baltic  Sea  Fisheries  Commission  (IBSFC)  has  since  1991  established  a 
trawling ban on the Oderbank Plateau in order to protect spawning turbot and other juvenile 
flatfish. The trawling ban was implemented for the waters of the Community of 15 Member 
States  in  Council  Regulation  (EC)  No  88/98  of  18  December  1997  laying  down  certain 
technical measures for the conservation of fishery resources in waters of the Baltic Sea, the 
Belts  and  the  Sound1.  Since  the  accession  of  Poland  to  the  European  Union  the  Regulation 
also applies to Polish waters, the trawling ban area must be extended to cover also the part of 
the Oderbank Plateau that lies within Polish waters. 

The Council is requested to adopt this proposal as soon as possible. 

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OJ L 9, 15.1.1998, p. 1. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 88/98 as regards the extension of the trawling 
ban to Polish waters  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to the proposal from the Commission, 

Having regard to the Act of Accession for 20032, in particular Article 57(2) thereof, 

Whereas: 

(1) 

The  International  Baltic  Sea  Fishery  Commission  adopted  a  recommendation  on  21 
September  1991  to  ban  the  fishing  with  trawls  on  the  Oderbank  Plateau.  This 
recommendation has been implemented in Community law by Article 8(3) of Council 
Regulation  (EC)  No  88/98  of  18  December  1997  laying  down  certain  technical 
measures  for  the  conservation  of  fishery  resources  in  waters  of  the  Baltic  Sea,  the 
Belts and the Sound3. 

(2) 

In the light of the accession of Poland to the European Union the geographical area in 
which the trawling ban applies should be extended to Polish waters. 

(3) 

Regulation (EC) No 88/98 should therefore be amended accordingly, 

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3 

OJ L 236, 23.9.2003, p. 1. 
OJ L 9, 15.1.1998, p. 1. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

In Article 8 of Regulation (EC) No 88/98, paragraph 3 is replaced by the following: 

It  shall  be  prohibited  throughout  the  year,  to  fish  with  any  trawl,  Danish  seine  and 

”3. 
similar net in the geographical area bounded by a line joining the following coordinates: 

54˚ 23´ N, 14˚ 35´ E 

54˚ 21´ N, 14˚ 40´ E 

54˚ 17´ N, 14˚ 33´ E 

54˚ 07´ N, 14˚ 25´ E 

54˚ 10´ N, 14˚ 21´ E 

54˚ 14´ N, 14˚ 25´ E 

54˚ 17´ N, 14˚ 17´ E 

54˚ 24´ N, 14˚ 11´ E 

54˚ 27´ N, 14˚ 25´ E 

54˚ 23´ N, 14˚ 35´ E” 

This  Regulation  shall  enter  into  force  on  the  third  day  following  that  of  its  publication  in 
the Official Journal of the European Union. 

Article 2 

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

Done at Brussels, […] 

For the Council 
The President 

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