CELEX: 31977R0350
Language: en
Date: 1977-02-18 00:00:00
Title: Council Regulation (EEC) No 350/77 of 18 February 1977 laying down certain interim measures for the conservation and management of fishery resources

No L 48 /28                        Official Journal of the European Communities                               19 . 2. 77
                                  COUNCIL REGULATION (EEC) No 350/77
                                                 of 18 February 1977
              laying down certain interim measures for the conservation and management of
                                                   fishery resources
THE COUNCIL OF THE EUROPEAN                                    over-exploitation of fishery resources holds for
COMMUNITIES,                                                   Community supplies of certain species ; whereas, as
                                                               an interim step, such measures should be laid down
Having regard to the Treaty establishing the European          forthwith on the basis of Article 103 of the Treaty,
Economic Community, and in particular Article 103              subject to their being included at a later date in the
thereof,                                                       common agricultural policy,
Having regard to the Act of Accession, and in parti­
cular Article 102 thereof,
                                                               HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission,
                                                                                       Article 1
Whereas a Community system for the conservation
and management of fishery resources has not yet been           1 . Fishing for North Sea herring shall be prohi­
laid down ;                                                    bited from 28 February 1977 until 30 April 1977 in
                                                               sub-area IV and division VII-d defined by the Interna­
Whereas Member States apply conservation measures              tional Council for the Exploration of the Sea.
in the fishing zones off their North Sea and North
Atlantic coasts pusuant, in particular, to international       2. The Council , acting by a qualified majority on a
commitments ;                                                  proposal from the Commission, shall adopt, before 1
                                                               May 1 977, the measures to be applied for the
Whereas in view of the precarious situation of some            remainder of 1977. In determining these measures,
                                                               account shall be taken of the results of the latest avail­
stocks it is important that certain particularly urgent
measures should be taken in the immediate future in            able scientific estimates of the North Sea herring
                                                               stock for 1977 .
order to protect, in the said zones, marine resources
and potential catches for future years, without preju­
dice to the adoption of such other measures as may             3.    The Member States shall be authorized to catch
prove necessary ;                                              North Sea herring as by-catches in the course of
                                                               direct fishing for other species, up to a limit of 10 %
Whereas special provisions should be made with                 by weight of catches of sprat and 5 % by weight of
regard to certain operations at sea in order to facilitate     catches of Norway pout and of sand eels during each
                                                               voyage .
the supervision of conservation measures ;
                                                               The permitted by-catches calculated on an annual
Whereas pending the establishment of a Community               basis, may not however, exceed 1 5 000 tonnes for
regime for the conservation and management of                  Denmark, 1 650 tonnes for the United Kingdom, 410
resources, and notwithstanding the provisions of the           tonnes for the Federal Republic of Germany and 275
present Regulation, Member States may, in accordance           tonnes for the other Member States .
with the procedure and conditions set out in Annex
VI to the Council resolution of 3 November 1976,
adopt, in a form which avoids discrimination, appro­
                                                                                       Article 2
priate further measures to ensure the protection of
resources situated in the fishing zones off their coasts ;
                                                               Fishing for herring in the Celtic Sea shall be prohi­
                                                               bited from 1 March 1977 until 31 December 1977 in
Whereas, however, Member States shall not adopt
such further measures in the fields covered by the             divisions VII g-h as defined by the International
present Regulation so long as the specific measures            Council for the Exploration of the Sea, plus the zone
                                                               delimited :
introduced under the present Regulation are in force
in the fishing zones off their coasts ;                        —   to the  north by 52° 30'   latitude North,
                                                               —   to the  south by 52° 00'   latitude North,
Whereas the measures in question must be taken                 —   to the  west by the Irish  coast,
without delay in view of the danger which the current          —   to the  east by the coast  of the United Kingdom .
 ---pagebreak--- 19 . 2. 77                          Official Journal of the European Communities                            No L 48/29
                         Article 3                                                      Article 6
The Council , acting by a qualified majority on a pro­         1 . The percentage of by-catches of demersal species
posal from the Commission , shall adopt provisions             authorized in fishing for industrial purposes by the
concerning the compulsory use, when fishing for                laws or regulations of the Member States adopted in
certain species, of nets of larger mesh sizes than those       accordance with the North-East Atlantic Fisheries
permitted in the Member States at the time when this           Commission Recommendation No 5 is reduced from
Regulation enters into force, and provisions                   25 to 20 % as from 1 April 1977.
concerning the carrying of nets of different mesh sizes
on board .                                                     2. The Council, acting by a qualified majority on a
                                                               proposal from the Commission, shall adopt before 1
                         Article 4                             August 1977 further measures with regard to the
                                                               percentage of authorized by-catches referred to in para­
The use of vessels which carry out processing opera­           graph 1 .
tions additional to salting, boiling of shrimps, filleting,
freezing, reducing offal and reducing unavoidable
by-catches subject to the permitted maximum shall be                                    Article 7
prohibited within the maritime waters under the
Member States' sovereignty or juridiction , and covered        Member States shall take, as far as is possible, all neces­
by Community rules on fisheries.                               sary steps to ensure compliance with the provisions of
                                                               this Regulation within the maritime waters under
                         Article 5                             their sovereignty or jurisdiction, and covered by
                                                               Community rules on fisheries.
1.     Fishing for Norway pout shall be prohibited
from 21 February 1977 to 31 March 1977 in that part            The checks carried out by the Member States shall be
of the North Sea delimited by a line joining the               reported at regular intervals to the Commission .
following points :
— east coast of the United Kingdom at 56° 00' lati­            In each case they shall mention the type and the
     tude North ,                                              nationality of the vessel, any infringements recorded
                                                               and measures taken as a result.
—    56° 00'   latitude North — 00° 00 longitude,
—    60° 00 '  latitude North — 00° 00' longitude,
—    60° 00'  latitude North — 04° 00 longitude West,                                   Article 8
—    coast of the United Kingdom at 04° 00' longitude
     West .
                                                               This Regulation shall enter into force on 21 February
                                                               1977 .
2. The Council, acting by a qualified majority on a
proposal from the Commission , shall lay down, before
1 August 1 977, measures to be applied from that date .        It shall apply until the entry into force of the Commu­
                                                               nity regime for the conservation and management of
These measures shall be determined taking account of           fishery resources or, at the latest, until 31 December
the results of the latest available scientific evidence .      1977.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 18 February 1977.
                                                                           For the Council
                                                                             The President
                                                                              J. SILKIN