Proposal for a Council Regulation amending Regulations (EC) No 894/97, (EC) No 812/2004 and (EC) No 2187/2005 as concerns drift nets
Date: 2006-09-19
Institutions: European Commission
Subjects: conservation of fish stocks, conservation of resources, fishing net, fishing regulations, protection of animal life

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.9.2006 
COM(2006) 511 final 

2006/0169 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulations (EC) No 894/97, (EC) No 812/2004 and (EC) No 2187/2005 as 
concerns drift nets 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

For the sake of clarity as regards a number of legal provisions regulating the same type 
of fishing gear, but inserted in three different Community Regulations, and in order to 
facilitate  uniformity  in  the  practice  of  monitoring  between  Member  States  while 
favouring  a  common  understanding  between  stakeholders  operating  in  different 
Regional Advisory Councils, it is considered necessary to amend those Regulations by 
introducing a uniform definition of drift nets in all three acts.  

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•  General context 

With the adoption of 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, a prohibition to use drift nets intended for the capture 
of certain species was introduced from 2002 onwards, in all waters falling within the 
sovereignty or jurisdiction of the Members States with the exception of the Baltic Sea, 
the  Belts  and  the  Sound  and  outside  those  waters  the  restrictions  applied  to  all 
Community vessels.  

With  the  adoption  of  Council  Regulation  (EC)  No  812/2004  of  26  April  2004  laying 
down  measures  concerning  incidental  catches  of  cetaceans  in  fisheries  and  amending 
Regulation  (EC)  No  88/98,  the  prohibition  to  keep  on  board  or  to  use  drift  nets, 
irrespective of their length and target species, was extended to the Baltic Sea, the Belts 
and the Sound and applied from 2008 onwards. Furthermore, Council Regulation (EC) 
No 812/2004 lays down measures aimed at mitigating incidental catches of cetaceans 
by prohibiting for vessels of 12 metres or over in overall length to use certain types of 
fishing gear, including drift nets, in certain areas and periods, without the simultaneous 
use  of  active  acoustic  deterrent  devices.  Member  States  are  required  to  implement 
monitoring schemes for incidental catches of cetaceans.  

The  prohibition  to  be  applied  from  2008  onwards  introduced  by  Council  Regulation 
(EC)  No  812/2004,  as  well  as  amended  interim  modalities  of  the  application  of  this 
prohibition, were included in Council Regulation (EC) No 2187/2005 of 21 December 
2005 for the conservation of fishery resources through technical measures in the Baltic 
Sea, the Belts and the Sound, amending Regulation 1434/98 and repealing Regulation 
(EC) No 88/98.  

The  provisions  on  restrictions  in  the  use  of  drift  nets  introduced  in  the  above 
Regulations are similar but not identical and are furthermore applied in different areas. 
The  introduction  of  a  uniform  definition  of  drift  nets  in  the  three  Regulations  should 
facilitate  the  control  and  enforcement  of  the  restrictions  on  the  use  of  drift  nets 
implemented via these Regulations.  

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•  Existing provisions in the area of the proposal 

There are no existing provisions as regards a definition of drift nets, but the following 

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Regulations restrict the use of drift nets: 

-Council  Regulation  (EC)  No  894/97  laying  down  certain  technical  measures  for  the 
conservation of fishery resources, as amended by Council Regulation (EC) No 1239/98 
of 8 June 1998. 

-Council  Regulation  (EC)  No  812/2004  of  26  April  2004  laying  down  measures 
concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) 
No 88/98. 

-Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of 
fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, 
amending Regulation 1434/98 and repealing Regulation (EC) No 88/98.  

•  Consistency with the other policies and objectives of the Union 
The reform of existing legislation for technical measures1 will require clarification of 
certain  existing  provisions  to  avoid  counterproductive  misunderstandings  and  to 
facilitate uniformity in the practice of monitoring between Member States.  

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Definitions of drift nets have already been widely discussed with both Member States 
and stakeholders during the consultation and negotiation process of the proposal for the 
Council  Regulation  laying  down  technical  measures  for  the  conservation  of  fishery 
resources  in  the  Baltic  Sea,  the  Belts  and  the  Sound2  as  well  as  the  proposal  for  a 
Council Regulation concerning management measures for the sustainable exploitation 
of fishery resources in the Mediterranean Sea3 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

The introduction of a uniform definition of drift nets should facilitate the control and 
enforcement  of  the  restrictions  on  the  use  of  driftnets  implemented  via  the  existing 
provisions  in  the  area  of  the  proposal.  It  will  furthermore  clarify  certain  existing 
provisions  to  avoid  counterproductive  misunderstandings  as  well  as  facilitate 
uniformity in the practice of monitoring between Member States.  

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COM (2005) 647 of 8 December 2005 (Action Plan for simplification and improvement of the CFP). 
OJ L L 349, 31.12.2005, p. 1 
COM(2003) 589 final of 9 October 2003 

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3)  LEGAL ELEMENTS OF THE PROPOSAL 

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•  Summary of the proposed action 

For the sake of clarity as regards a number of legal provisions regulating the same type 
of fishing gear, but inserted in three different Community Regulations, and in order to 
facilitate  uniformity  in  the  practice  of  monitoring  between  Member  States,  it  is 
considered necessary to amend those Regulations by introducing a uniform definition 
of drift nets in all three acts.  

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•  Legal basis 

Article 37 of the EC Treaty. 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The use of this type of fishing gear is already regulated in Community Regulations, the 
field of application of which is not extended. The proposal concerns a clarification as 
regards the definition of this type of fishing gear. 

•  Choice of instruments 

Proposed instruments: Regulation. 

Other means would not be adequate for the following reason(s). 

The proposal concerns amendments to existing Regulations concerning clarification as 
regards the definition of a type of fishing gear, the use of which is already regulated in 
existing Regulations which cover different areas.  

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

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E-2284 

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2006/0169 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulations (EC) No 894/97, (EC) No 812/2004 and (EC) No 2187/2005 as 
concerns drift nets 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission4, 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

(2) 

(3) 

Council  Regulation  (EC)  No  894/97  of  29  April  1997  laying  down  certain  technical 
measures  for  the  conservation  of  fishery  resources6  establishes  a  management 
framework for the conservation of fishery resources through technical measures in the 
form of a general overall length limitation of drift nets to maximum 2.5 km, as well as 
a  prohibition  to  use  or  keep  on  board  drift  nets  intended  for  the  capture  of  certain 
species  that  applies  to  all  Community  fishing  vessels  with  the  exception  of  those 
operating in the Baltic Sea, the Belts and the Sound; 

Council  Regulation  (EC)  No  812/2004  of  26  April  2004  laying  down  measures 
concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) 
No 88/987 sets out requirements concerning the use of acoustic deterrents devices and 
the monitoring of incidental catches of cetaceans in certain drift net fisheries; 

Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of 
fishery  resources  through  technical  measures  in  the  Baltic  Sea,  the  Belts  and  the 
Sound,  amending  Regulation  (EC)  No  1434/98  and  repealing  Regulation  (EC)  No 
88/988  sets  out  the  restrictions  and  conditions  on  the  use  drift  nets  in  this  regulated 
area; 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 132, 23.5.1997, p. 1. Regulation as last amended by Regulation (EC) No 1239/98 (OJ…) 
OJ L 150, 30.4.2004, p. 12 
OJ L 349, 31.12.2005, p. 1 

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(4) 

(5) 

(6) 

Those  Regulations  do  however  not  contain  a  definition  of  drift  nets.  For  reasons  of 
clarity  and  in  order  to  facilitate  uniformity  in  the  practice  of  monitoring  between 
Member  States,  it  is  necessary  to  introduce  a  uniform  definition  of  drift  nets  in  all 
those three cts; 

The establishment of a definition of drift nets does not expand the field of application 
of the restrictions and conditions on the use of drift nets implemented in Community 
law; 

Regulations  (EC)  No  894/97,  (EC)  No  812/2004  and  (EC)  No  2187/2005  should 
therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

In Regulation (EC) No 894/97, in Article 11 the following paragraph is added:  

“Drift  net  means  any  gillnet  held  on  the  sea  surface  or  at  a  certain  distance  below  it  by 
floating  devices,  drifting  with  the  current  either  independently  or  with  the  boat  to  which  it 
may be attached. It may be equipped with devices aiming to stabilise the net and/or to limit its 
drifting.” 

In Regulation (EC) No 812/2004 the following Article 1a is inserted:  

Article 2 

Article 1a 
Definitions 

“Drift  net  means  any  gillnet  held  on  the  sea  surface  or  at  a  certain  distance  below  it  by 
floating  devices,  drifting  with  the  current  either  independently  or  with  the  boat  to  which  it 
may be attached. It may be equipped with devices aiming to stabilise the net and/or to limit its 
drifting.” 

Article 3 

In Regulation (EC) No 2187/2005, in Article 2 the following point (o) is added:  

“(o) 
“Drift net means any gillnet held on the sea surface or at a certain distance below it by 
floating  devices,  drifting  with  the  current  either  independently  or  with  the  boat  to  which  it 
may be attached. It may be equipped with devices aiming to stabilise the net and/or to limit its 
drifting.” 

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

Article 4 

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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