CELEX: 51992PC0311
Language: en
Date: 1992-07-15
Title: Proposal for a COUNCIL REGULATION (EEC) amending for the fourteenth time Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources

C08VMISSI0N OF THE EUROPEAN CCMMUNITIES
                                              C0M(92) 311 final
                                              Brussels,.15 July 1992
                                   Proposal for a
                              CQUNCIL REGULATIQN CEEC)
                         amending for the fourteenth time
        Regulation (EEC) No 3094/86 laying down certain technical measures
                    for the conservation of fishery resources
                           (presented by the Commission)
^tks
 ---pagebreak---                                EXPLANATORY MEMORANDUM
Fishing for certain kinds of tropical tuna in the eastern Pacific using
purse seines has the side-effect of catching and killing dolphins
because these marine species often consort together. Although this
particular problem is especially acute in the area covered by the
Inter-American Tropical Tuna Commission(IATTC), it is reasonable to
take steps to ensure that the use of purse seines for catching a given
target species be carried out responsibly and without damaging the
environment.
Like any other well-adapted method of taking various pelagic species,
 it is possible to use a purse seine selectively to catch only the
desired target species without loss of efficiency.
 In the light of these factors, and in view of the concern expressed by
the public as recorded by Parliament in its report PE 151.169/fin
adopted on 22 November 1991, as well as in response to representations
 from fishermen using this gear, the Commission staff has prepared the
attached fourteenth amendment to Regulation (EEC) No 3094/86 laying
down certain technical measures for the conservation of fishery
resources.
K . T . /l«MOD92/EXPOSE.7er/mr
 ---pagebreak---                                                           Proposal for a
                                              COUNCIL REGULATION (EEC) No        /..
                                                            of
                                                amending for the fourteenth time
       Regulation (EEC) No 3094/86 laying down certain technical measures
                                        for the conservation of fishery resources
TMB COU1ICIL OF THE EUROPEAN COHMUNITIES,
Having           regard                     to   the   Treaty   establishing   the  European   Economic
             lity,
Having regard to Council Regulation (EEC) No 170/83 of 25 January 1983
estafelishing a Community system for the conservation and tnanagement of
fishery resources^), as last amended by the Act of Accession of Spain
and Portugal, and in particular Article 11 thereof,
Having regard to the proposal from the Commission,
Whereas the non-selective use of purse seines on schools of tuna and
other species of fish found in association with or in close proximity
to marine mammals may result in the pointless catching and killing of
such mammals;
Whereas the mortality of marine mammals as a result                                      of the use of
purse-seines                       has         aroused   concern   among  the  public  and  within  the
fishing industry;
Whereas the importance of this issue and the interest it has received
at international level are attested to by the report approved by the
European Parliament on fishing with purse seines;
Whereas, when                           properly     and   responsibly   conducted,  the  use of  purse
seines is an effective method of fishing solely for the desired target
species; whereas under such circumstances it no longer represents a
threat to the environment;
(1)          OJ No L 24, 27.1.1983, p. 1
M . T . /14MOD9 2 / R E G L T / e n / i r i
 ---pagebreak---                                        -2-
Whereas, therefore, Regulation (EEC) No 3 0 9 4 / 8 6 ^ ) , as i as t amended by
Council Regulation (EEC) No 1465/92^^), should be amended accordingly,
HAS ADOPTED THIS REGULATION:
                                   Article 1
The following is added to Article 9 of Regulation (EEC) No 3094/86:
 "14.     It shall be prohibited to undertake fishing or encirclements with
          purse seines on schools of tuna and other species of fish where
          this may result in the catching or killing of marine mammals.
          Notwithstanding Article 1(1), this Paragraph shall apply to all
          vessels flying the flag of, or registered in, a Member State in
          all waters under the sovereignty or jurisdiction of the Member
          States as well as outside these waters."
                                    Article 2
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities.
This      Regulation     shall be binding   in its   entirety      and   directly
 applicable in all Member States.
Done at ... ,                                  For the Council
                                               The President
(2)      OJ No L 288, 11.10.1986, p.l
(3)      OJ No L155, 06.06.1992, p.l
M.T. /HMOD92/REGLT/en/mr
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(92)311final
                                                       DOCUMENTS
EN                                                                               03
                                 Catalogue number: CB-CO-92-361-EN-C
                                                              ISBN 92-77-46881-5
Ofifice for Official Publications of the European Communities
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