CELEX: 51979PC0709
Language: en
Date: 1979-11-27
Title: Amended proposal for a COUNCIL REGULATION (EEC) laying down technical measures for the conservation of fishery resources (submitted to the Council by the Commission in accordance with Article 149, indent 2 of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 709
Vol. 1979/0240
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(79)709 final
                                                        Brussels . 27 November 1979
                        Amended proposal for a
                       COUNCIL REGULATION ( EEC )
 Laying down technical measures for the conservation of fishery
                                  resources
      ( submitted to the Council by the Commission in accordance
        with Article 149, indent 2 of the EEC Treaty )
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C0M(79 ) 709 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
The present proposal for a regulation , presented in conformity with
Article 149 , paragraph 2 of the Treaty^modif ies the proposal for a
regulation of the Council putting forward technical measures for the
conservation of fish resources . ( 1 ) .
                                                       Ν
The amendments which are included are designed to take into account the
results of studies concerning the assessment of the stocks made for
1980 and the prognoses , made by the international scientific fisheries
organisations and , in particular , by the Scientific and Technical
Committee ( STC ) established by the Commission on 8 June 1979 . Its assess­
ments and recommendations were made in the light of the most recent scientific
knowledge , particularly that formulated by the International Council for the
Exploration of the Sea ( ICES ).
In proceeding in this manner , the Commission has brought its earlier
proposals into line with the latest studies which give the best possible
assessment of the state of stocks and of likely developments . They also
take into account methods and techniques of fishing which may have a
significant effect on the stocks in the future .
These amendments mainly concern an increase in the mesh size for directed
fishing on hake in Regions 2 and 3 , mesh sizes in the fisheries for both
Nephrops and certain species of prawns , the regulation of certain non-
selective' fi shing gears ( purse seines , pelagic trawls ...) during certain
critical periods and/ or in nursery areas for protected .species and also changes
in the minimum landing sizes of . certain species of fish . At the same time ,
the Commission does not consider it appropriate to retain the difference
in mesh size between nets made of single and double twines .
In relation to the fishery for Nephrops , the Commission , in conformity with
the undertaking given at the time of the session of the Council on 25 June 1979
sought the advice of the Scientific and Technical Committee . On the basis
( 1 ) COM ( 78 ) 635 fin . of  16.11.78
      COM ( 79 )   80 fin . of 16.2.79
      COM ( 79 ) 164 fin . of  23.3.79
      COM ( 79 ) 200 fin ., of 5.4.79
 ---pagebreak---                                - 2 -
of its specific response on this question , the Commission has retained
certain options which take into account the uncertainties which affect
the recommendations of ICES , on the basis of which the first proposals
were made . The Commission has asked ICES to make additiona I studies which are
designed to determine precisely those parameters which have most bearing on
the mesh sizes which should be used in this fishery .
On the question of beam trawls , the Commi ssion,' in the light of results
from research programmes being made at the instigation of ICES on the
use of this gear , will re-examine the proposals already made and submit
appropriate proposals for a decision of the Council no later than
31 October 1980 .
The other measures concern mainly the alarming state of the stocks of
mackerel , herring and certain demersal species and of the evident necessity ,
in view of the constant increase in fishing , to limit catches by appropriate
measures so that the biological conditions necessary for rebuilding threatened
stocks exi st .
The application of comparable , complementary measures in the Skaqerrak ,
the Kattegat and the Baltic require prior consultations with the relevant
third countries ; the Commission is proceeding immediately with these con­
sultations in order to reach agreement with the parties concerned and will
subsequently submit appropriate proposals to the Council .
 ---pagebreak---                              ARTICLE 2
Article to be amended as follows :
1 . No vessel shall use or tow any trawl , Danish seine , or similar net ,
which has in any part meshes smaller than those specified in Annex I
for the relevant region and type of net .
However , these provisions shall apply only as from 1 September 1980 in
region 2 , except in ICES, division Vila , Skagerrak and Kattegat .
In region 3 , the use of existing meshes , the size of which is at least
equal to 60 mm in single twine is however authorised during the two
months following the entry into force of this Regulation .
2 . The permitted mesh size in the North Sea section of Region 2 shall be
80 mm until 31 August 1980 .
However the use of existing mesh sizes of at least 70 mm for single twine
and 75 mm for double twine is authorized for two months following the entry
into force of this Regulation .                                       '
The permitted mesh sizes in the rest of Region 2 , except for ICES sub­
division Vila and in Skagerrak and Kattegat , are 70 mm in single twine
and 75 mm in double twine until 31 August 1980 .
 ---pagebreak---                           ARTICLE 3
Replace reference to Articles 9 and 10 by reference to Articles 8
and 9 .
                     ν
 ---pagebreak---                                AFT1CLE 4
Amend as follows :
1.   Without prejudice to Articles 3 and 8 :
- catches of the species listed in Annex VI taken during a voyage by a
   vessel carrying only nets not complying with Article 2(1 ) and catches
                                                                        /
   of hake taken with nets not complying with Article 10 may not exceed
   10% by weight of all fish on board , or any representative sample of
   such fish of at least 100 kg after sorting , in the hold or on landing .
   By-catches of salmon and trout shall be prohibited .    However , in
   sandeel fishing with nets of dimensions of less than 16 mm , not more
   than 10% by weight of all fish on board at any time or on landing may
   consist of other species ;
           \                                                        t
- catches taken during a voyage by a vessel carrying both nets complying
   with Article 2(1 ) or with Article 10 and others not complying with
   those provisions must comply with the percentage fixed in the preceding
   indent only as to the quantities taken with nets not complying with
   Article 2(1 ) or with Article 10 .  In cases where the skipper of the
   vessel has not kept precise records , all the fish on board will be held
   pursuant to Article 3 of Regulation ( EEC ) No        /      establishing
    certain supervisory measures for fishing activities by vessels of the
   member States to have been taken with nets not complying with Article
   2(1 ) or Article 10 .
2.    However , paragraph 1 shall apply only with effect from 1 January 1981
to fishing for shrimp of the species Crangon in certain zones situated
within a 12-mile limit calculated from Member States'" baselines , where this
is necessary .    These zones shall be defined according to the procedure laid
down in Article 18 .
3.    Paragraph 1 shall apply with effect from 1 January 1981 to Kattegat .  In
the interval before paragraph 1 becomes applicable , the percentage referred
to in this paragraph shall be 15% .
 0J No L
 ---pagebreak---                           ARTICLE 7   ( former Article 8 )
Amend paragraphs 3 and 4 as follows :
3 . In the North Sea ( ICES IV ), it shall be prohibited to retain on board
mackerel smaller than 30 cm measured from the tip of the snout to
the end of the tail fin . Article 6(1 ) shall apply.
4 . Without prejudice to paragraph 1 , landings of mackerel may consist of
up to 20% weight of undersized mackerel .
Add the following paragraph :
5 . By-catches of herring shall be prohibited in the Celtic Sea during
mackerel and sprat fi shi n.g either with trawls having meshes less
than, those specified in Annex I or with purse seines .
 ---pagebreak---                              riCLE    ( former article 9 )
Amend as follows :
1 . No vessel fishing for Nephrops shall use any trawl which has in
any part meshes of dimensions smaller than 70 mm in Region 2 and
60 mm in Region 3 .                                                _
2 . It shall be prohibited to retain on board Nephrops whose carapace length
measured parallel to the mid-line from the back of either eye socket
to the rear edge of the carapace is less than 25 mm in Region <[ and
20 mm in Region 3 or to catch Nephrops whose number per unit '
weight is greater than a number to be determined . .
Article 6(1 ) shall apply .
3 . By way of derogation from the first indent of Article 4(1 ),
by-catches of protected species taken during each voyage of any vessel
fishing for Nephrops may constitute up to a maximum of 50 % by weight
of the entire c^$ch on board or any representative sample thereof
weighing at least 100 kg , after sorting either in'the hold or on
landings .                       ^
4 . Paragraphs 1 , 2 and 3 shall apply to the North Sea ( ICES IV ) and to the ^
West of Scotland ( ICES VI ) from the entry into force of this .
Regulation .  Paragraphs 1 , 2 and 3 shall apply to the remainder of Region
2 and Region 3 with effect from the 1st January 1983 .
                                             »
However , the use of existing mesh sizes of at least 55 mm in Region 2 and
45 mm in Region 3 shall be authorized for two months following the entry
into force of this Regulation .
5 . By way of derogation from paragraphs 1     to 4 , the minimum mesh and
fish size authorized in fishing for Nephrops in        - Skagerrak and
Kattegat shall be fixed at 70 mm and 40 mm respectively . ,
                                         %
 ---pagebreak---                           ARTICLE 9 ( former article 10 )
Replace the text of article 10 by the following :
                                                                 /
The measures applicable to fishing for Nephrops until the implementation
of the provisions of Article 8 are set out in Annex VII .
 ---pagebreak---                           ARTICLE 10
New article                                                            '
No vessel fishing for hake shall use any trawl any part of which has a
mesh size smaller than 80 mm .
However , the use of existing mesh sizes of. at least 70 mm in single
twine , and 75 mm in double twine in region 2 and of 60 mm in
single twine and 65 mm in double twine in region 3 shall be authorized
for two months following the entry into force of this Regulation .
 ---pagebreak---                                                    »
                               ARTICLE 12
Add a new subparagraph to paragraph 2 :
AIL fishing with trawls , purse-seines and ring nets shall be prohibited
in the sea areas to the west of Scotland ( ICES VI ) defined in Annex VIII
during a period each year between 1 October and 31 March to be fixed by
the Commission on the basis of the climatic circumstances determining
the fishing year for sprat and herring in this area .
 ---pagebreak---                         ARI i : LE 14
Add the following paragraphs :
2 . The use of purse-seines shall be prohibited for fishing for the species
listed in Annex VI .
                                                                 »
3 . Fishing carried out with a trawl with a mesh smaller than those
provided for in Annex I    or with a purse seine shall be
    prohibited from the 1 March until 15 November of each year' within
a zone defined by a line joining the following points :
- the south-west coast of the United Kingdom at latitude 05°00 , -. west
- longitude 05°00' west / lati tude 49°30' north
- longitude 07°00' west / latitude 49°30' north
- longitude 07°00' west / latitude 50°30' north
- the south-west coast of the United Kingdom at latitude 50o 30' north . y
 ---pagebreak---                                        ANNiX I
         Modify as follows :
                        MINIMUM MESH SIZES REFERRED TO IN ARTICLE 2
  REGION                      TYPE Or NET                              MINIMUM MESH
                                                                       SIZE ( in mm )
  1                           Ail                                         120
  2 North Sea ( a )           Ail
                                                                     j     90
  2 Outside North             Ail                                          80
  Sea ( a ) , Skagerrak                                     ?
  and Kattegat and
  Irish Sea ( ICES
  Vila )
  2 Skagerrak and             Seine net , or such part of any trawl        70
  Kattegat                    net as is made of single twine and
                              contains no mani la or sisal
                                                                     I
                                                                     I
                              Such part of any trawl net as is made        75
                              of double twine and contains no manila
                              or sisal
          :                 I
                              Such part of any trawl net as is made        80
                              of manila or sisal
  2 Irish Sea                 A11                       ;                  75
3                             Ail                                          65
4                             AU                                 ,         45
5 and 6                       ( for the record )                        ( for the record
( a ) For the purpose of this Regulation , the North Sea shall be regarded as being
      ICES sub-area IV and the adjoining part of Division Ila and the part of
      ICES Division Ilia which i s not covered by the definition of Skagerrak
      and Kattegat given in Article 1(3) insofar as they are subject to the
      sovereignty or jurisdiction of a Member State .
 ---pagebreak---                           ANNEX II
Minimum mesh size , in mm :
Modify :
Region 2
Prawns ( Panda lus spp )           35
Shrimp ( Cranqon spp )             24
Delete the exception envisaged for the
fishery within 12 miles of the mainland
coast of the Member States .
Delete :
Region 3
Prawns ( Panda Lus spp )           20
                              {
 ---pagebreak---                           ANNEX VI
Minimum fish size ( in cm ) referred to in Article 6 : *
                                               »
1 . Add the following footnote to the size envisaged for Cod ( Gadus morhua )
    in Region 2 :
    Region 2 : 30 ( c)division . Vila , 45 cm .
2 . Add the following species^without indication of minimum fish size :
    Sepia .
3 . Delete the mention of fish size for the following species :
    Bass ( Di centrarchus labrax ).
 ---pagebreak---   Add the following Annex VII
                    ANNEX VII : Measures applicable to vessels fishing' for Nephrops until the
                                provisions laid down in Article 8 take effect         ■
              ,
I           Region                         Until 31.12.1982                             From 01.01.1983
                                Minimum        Minimum       By-catch        Minimum        Minimum      By-catch  S
                               mesh size      fish size     max. level      mesh size      fish size    max. level j
     2 . Outside the North        60 mm         20 mm          40 7.          70 mm          25 mm
                                                                                                                   ,
         Sea West of Scot­
         land , Rockall , the
         Skagerrak and the .
                                                                               (■
                                                                                                                   I
                                                                                                                   A
         Kattegat ( 1 )
                                                                                                                   i
     3.                           50 mm         20 mm          60 %           60 mm          20 m           50 '/.
 ( 1 ) The minimum mesh size applicable in the Skagerrak and in the Kattegat is 45 mm .
 ---pagebreak---            Add the following :                                                           - *     .
                                                                                          •                            ...                 ' •  •    >
                                          •         ■* ··                                                                                         ' I
                                                                ■    ANNEX . VIII              ...   '
                                                                                                                                     Articles..
     AREAS TO WHICH THE PROVISIONS OF ARTICLE 12(2 ) APPLY
  LOCH LAX FORD                                         . '
         . Be'ns the area of waters lying within a straight line drawn frm a
         • 'point - or. the rnair.lr.nd at 53*25.7' North fc'jtud ; tir.d 05*07' Vi'c:
              lorritude (Du^haill Point) at 220 " True to a point- cn the rr.a-rJir.d at
              58*24.7' North latitude and 5*02.5' West Jondtude (Rudha P*uadh). .
  LOCH CAI?J<3AAN                                                 .                                    .                 ,     .
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                                                                                      niL.ii «   o cMt* ) • r»^-
                                                                                             .« Cf           ^ aif Vcil.w
                                                                                                                      " * W£ t U • • ••» '»* •• 7Cm
               point on the mainland at .53*20.5' Nor:h latitude -and 05*10.5' \Ve=t .
               longitude ( RubiV Aird an t-Sionr.ach) at 211 " True to a point 6a
            . Gidany Island at 53*1-6' North latitude acd 5*15.5' Wcs-t lor.^tude.
 • ENARD BAY                                 '            -              .       '
                Being the area of waters lying within a straight line drawn from a
          ' N point 'on ihe mainland at 58*09.25' 'North latitude and 05*18.5' Wrt
                lor.jtitude ( Rhuba Rodha) at 223 * True to a point on the mainland
                at 58*06.25' North latitude and 05*26' West longitude (Rhu Coirach).
   LrTTLE LOCH BROOM AND GRUINARD BAY                                                                                                    ;
                Being the area of waters lying within a 'straight line drawn froa a .
                 point on the mainland at 57*55.75' North latitude and 05*24' West
                 longitude (Cailleach Head) at 263 * True to a point on the mainland
                 at 57*55' North latitude and 5*33.75' West longitude (Rudha Beg). .
, LOCH GAIRLOCH                                             ■          '
                  Being the area of water lying within a stuir.ht line drawn froa i
                  Kint igitude      on the  (Big'mainland
                                                        Sands) atat 157*44.8'   S3 * TrueNorth  at a latitude
                                                                                                         point on2ndthe05*47.2'  mainland      Westxt
           . 57*40' North latitude and -5*48.5' West longitude (near Red Point).
    THE INNER SOUND INCLUDING LOCHS TORRIDON. .CAKRON.
    KISHOR.N'. DUICH, ALSH AND HOURN
                  Being the area of waters lyinr within a straifht line drawn frorn a
                  p-'ir.t on the mainland at 57*38.4' North latitude and 5*'4fe.S' West
       .          longitude ( Red Point) at 230° True to a point on Island, of Rona
                  57*34.5' North latitude and 5*57.5' West lcr.ritude ( Rona 'Lirht ).
     - , ' Following the eastern coast of Rona and Raasay to a point 5.7 * 19.S'
                'North latitude and 6*2.8' West longitude (Rudh- na Cloiche): fr&a
   • ' - there a straight line draws at 1£0 * True to mret the mainland of
                  SLye at a point- 57*18.7' North latitude - and 6*2.8' .West 'Ictrituds
                  thence along the eastern - coast . of. Sfcye to- a . point 57*8.6' - Ncrth
                  latitude and 5*46.7' West longitude (Oronsay Light ); from there a
               . straight line drawn at 129 * True to a. point (Rudh crd Sliuneach) oa
                  the mainland at 57*7' North latitude and 5*43.3' West lonntudc .