CELEX: 51992PC0225
Language: en
Date: 1992-05-27
Title: Proposal for a COUNCIL REGULATION (EEC) amending for the twelfth time Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          C0MC92) 225 final
                                          Brussels, 27 May 1992
                           Proposal for a
                      COUNCIL REGULATION (EEC)
   amending for the twelfth time Regulation (EEC) No. 3094/86
             laying down certain technical measures
            for the conservation of fishery resources
                   (presented by the Commission)
 ---pagebreak---                                                                        2
                         EXPLANATORY MEMORANDUM
The aim of the present proposal         is to    postpone the date of
implementation of certain technical measures    for the conservation of
fishery resources.
Under the terms of Regulation (EEC) No. 3094/86 of 7 October 1986, as
last amended by Council Regulation (EEC) No. 345/92 of 27 January 1992,
the minimum mesh size applicable in Regions 1 and 2 except Skagerrak and
Kattegat is 40 mm for certain pelagic species and prawns and 80 mm for
sole, with effect from 1 June 1992.
Several Member States have pointed out that there are practical
difficulties in implementing these dispositions on the given date; the
net manufacturers have found themselves unable to satisfy the sudden
heavy demand before this date.
Considering that the resources in question are not in immediate danger,
postponing the date of entry into force of the 40 mm minimum mesh size
for pelagic species and Nordic prawns and the 80 mm minimum mesh size
for sole in Regions 1 and 2 until 1 January 1993 would resolve the
abovementioned difficulties, without imperilling the stocks concerned.
 ---pagebreak---                                 PROPOSAL FOR A
                   COUNCIL REGULATION (EEC) No.            /92
        amending for the twelfth time Regulation (EEC) No. 3094/86
                   laying down certain technical measures
                 for the conservation of fishery resources
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having   regard   to   the   Treaty   establishing     the   European  Economic
Community,
Having regard to Council Regulation (EEC) No. 170/83 of 25 January 1983
establishing a Community system for the conservation and management of
fishery resources! 1 ), as 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 Annex I of Council Regulation         (EEC) No. 3094/86^ 2 ),   as last
                                               3
amended by Regulation      (EEC) No. 345/92^ ),     lays down a minimum mesh
size of 40 mm for directed fisheries for certain pelagic species and for
prawns (Pandalus    spp. excluding Pandalus    montagui),    and a minimum mesh
size of 80 mm for the sole fishery, in Regions 1 and 2 except Skagerrak
and Kattegat;
Whereas under the terms of the aforementioned Regulation these measures
enter into force on 1 June 1992;
Whereas, on the one hand, unforeseen delays have occurred in the supply
of   new  codends  and,  on   the  other,   a   postponement    of the  date of
implementation would not adversely affect the survival of the stocks
concerned;
Whereas Regulation (EEC) No. 3094/86 should accordingly be modified to
this effect;
 (1) O.J. No. L 24, 27.1.1983, p. 1.
 (2) O.J. No. L 288, 11.10.1986, p. 1.
 (3) O.J. No. L 42, 18.02.1992, p. 15.
 ---pagebreak---                                                                           y
HAS ADOPTED THE FOLLOWING REGULATION:
                                   Article 1
Two footnotes are added to Annex I of Regulation (EEC) No. 3094/86, as
follows:
      i)   Footnote no. 10 in the "Minimum mesh size" column after the
           figure "40" for Regions 1 and 2;
     ii)   Footnote no. 11 in the "Minimum mesh size" column after the
           figure "80" for Regions 1 and 2, authorized      target  species
           "Sole (Solea    vulgaris)".
The text of the new footnotes is as follows:
     "(10) The use of 32 mm mesh is authorized until 31 December 1992."
     "(11) The  use of  75 mm    mesh   by  vessels of 221 kw  or  less  is
           authorized until 31 December 1992."
                                   Article 2
This Regulation shall enter into force on the day of its publication in
the Official Journal of the European Communities.
 It shall enter into force on 1 June 1992.
This Regulation shall be binding in its entirety and directly applicable
 in all Member States.
Done at Brussels,
                              For the Council
                              The President
 ---pagebreak---                                                                      ISSN 0254-1475 S
                                                              COM(92) 225 final
                                                     DOCUMENTS
EN                                                                              03
                               Catalogue number: CB-CO-92-235-EN-C
                                                            ISBN 92-77-44519-X
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