CELEX: 51993PC0500
Language: en
Date: 1993-10-15
Title: Amended proposal for a COUNCIL REGULATION (EEC) harmonizing various technical measures in Mediterranean fisheries

OOMWTSSTON OF THF FTTROPFAN COMV1UNTTTFS
                                                      COM(93) 500 final
                                                      Brussels, 15 October 1993
1
I
    !gl|                        Amended proposal for a
  ' ~tM                        COUNCIL REGULATION (EEC)
              harmonizing various technical measures in Mediterranean fisheries
               (presented by the Commission pursuant to Article 149(3)
                                   of the EEC-Treaty)
 ---pagebreak---                                     Explanatory Memorandum
    Pursuant to the wishes expressed by the Council at its meeting on 20 November 1990 and
    equally convinced of the need to act to conserve fish stocks in the Mediterranean, on 11
    December 1992, the Commission presented a proposal for a Council Regulation harmonizing
    various technical measures in Mediterranean fisheries.
    The product of work over a long period bringing together the texts in force at national level
    and of consultations with those working in the industry in all the Member States concerned,
    the proposal was the subject of informed debate within all Community institutions. The
    opinion issued by Parliament(1) gives the Commission the opportunity of further improving
    its proposal by directly including some of the amendments suggested and using others as a
    basis for improvements in those cases where it is in agreement with the arguments put
    forward but, given the need to maintain the coherence of the text, unable to accept the
    amendments as presented.
    1.      In the preamble, changes are made to the second and fourth recitals to better define
            the scope of the proposal and a new third recital is introduced giving a better
            definition of the link that must exist between the system established within
            Community waters and the more general arrangements currently being negotiated and
            to be introduced for the Mediterranean. The status in Community ports of vessels
            flying the flags of third countries is also clarified.
    2.      The amendments to the initial proposal, in addition to greatly clarifying the residual
            responsibilities of the Member States laid down in Articles 1 and 7, introduce a
            number of important concepts:
            keeping equipment on board the use of which is considered to be harmful to stocks
            or to the marine environment is prohibited (Articles 2 and 6);
            Article 2 is extended to further types of gear;
            the minimum depth for the use of towed nets is reduced from 100 m to 50 m and the
            criteria for the use of encircling nets are more clearly defined (Article 3);
            certain provisions concerning the use of bottom trawls (Article 3) and bottom nets
            (Annex II) are introduced.
(1)
    Doc. PE 204.945/fin. of 29 June 1993.
                                                  - 2-
 ---pagebreak---                                        Amended proposal for a
                                      COUNCIL REGULATION (EEC)
               harmonizing various technical measures in Mediterranean fisheries
                                          C0M(92)533 final
                   (presented by the Commission pursuant to Article 149(3)
                                           of the EEC-Treaty)
    The text of the proposal is hereby amended as follows:
                                             Second recital
    Whereas, however, the time has now come to remedy the problems currently affecting
    resources in the Mediterranean by introducing a harmonized management system suited to
    the circumstances there, while taking into account existing national regulations and making
    adjustments to the latter as required to protect stocks in a balanced and, where appropriate,
    progressive manner:
                                          Third recital (new)
    Whereas the Community must also seek.Jn cooperation with all the coastal states concerned,
    to establish a common policy for the m an a tie ment and exploitation of Mediterranean fish
    stocks: whereas, furthermore, the management system introduced by this Regulation covers
    operations relating to the fishing of Mediterranean stocks carried out in Community ports by
    vessels flying the flags of third countries;
                                             Fourth recital
    Whereas gear which, when used in the Mediterranean, contributes excessively to the
    degradation of the marine environment or to the running-down of certain stocks should be
    prohibited; whereas part of the coastal zone should be reserved for the most selective gears
    used by small-scale fishermen; whereas, notwithstanding the geographical scope of Council
    Regulation (EEC) No 3094/86(4), Articles 9 and 9a of that Regulation concerning drifting
    gillnets and purse seines are already explicable in the Mediterranean;
(4)
    OJ No L 288, 11. 10. 1986, p. 1.
                                                  -3-
 ---pagebreak---                                       Article 1(2)
2. Member States with a Mediterranean coastline shall be entitled to legislate in the
   areas covered by paragraph 1 by adopting measures supplementary to, or going
   beyond the minimum requirements of, the system established by this Regulation,
   provided such measures are compatible with Community law and in conformity with
   the common fisheries policy.
                                      Article 1(3)
3. The Commission must be informed of all such measures which it is proposed to adopt
   under the conditions described in paragraph 2 in time for it to present its
   observations.
   [The rest of paragraph 3 is unchanged.]
                                       Article 2
1. The use for fishing purposes and the keeping on board of toxic, soporific or corrosive
   substances, electric shock generators and of explosives shall be prohibited.
2. The use of Saint Andrew's crosses and similar towed gear for harvesting coral and
   the use of pneumatic hammers or other percussive instruments for the collection of
   lithophagous molluscs shall be prohibited.
3. The use of encircling and towed nets set from a boat and operated from the shore
   shall be prohibited as frorm 1 January 1997.
                                       Article 3
1. The use of all types of towed net shall be prohibited within three nautical miles of the
   coast or within the 50 m isobath where that depth is reached at a shorter distance,
   irrespective of the method of towing or haulage, except where a derogation is
   provided for in national legislation adopted in the framework of Article 1(2) in
   respect of a three-mile coastal zone which extends beyond the territorial waters of a
   Member State.
2. Fishing with bottom trawls above the Posidonian beds (Posidonia Oceanica) or other
   marine phanerogams shall be prohibited.
3. It shall be prohibited to set any type of encircling net in waters less than 35 m deep
   and, in any case, less than 300 m from the coast.
4. [Unchanged]
 ---pagebreak---                                           Allât le 0 ( 1 )
 1.     Any trawl or similar towed gear, gillnet or encircling net used or kept on board must
        have a mesh size which, in that part of the net having the smallest meshes, is equal
        to or greater than one of the minimum mesh sizes listed in Annex III.
                                           Article 7
Member States may prohibit landings outside places specially prepared or authorized for that
purpose.
                                     Annex I, first heading
ENCIRCLING NETS
[Text unchanged]
                                   Annex II, fourth heading
BOTTOM-SET NETS (GILLNETS AND ENTANGLING NETS)
       It is prohibited to set more than 20 000 m2 per vessel.
       It is prohibited to set bottom nets at a depth of less than double the drop of the net.
 ---pagebreak---                                                                      ISSN 07S4-147S
                                                              COM(93) 500 final
                                                       DOCUMENTS
EN                                                                         03 06
                                 Catalogue number : CB-CO-93-535-EN-C
                                                             ISBN 92-77-59836-0
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