CELEX: 51977PC0003
Language: en
Date: 1977-01-14
Title: PROPOSAL FOR COUNCIL REGULATION (EEC) defining certain interim fisheries resource conservation measures relating to the activity of vessels, use of fishing gear as well as to the exploitation of certain defined fish stocks (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 3
Vol. 1977/0001
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(77)3 final.
                                           Brussels , 14 January 1977*
                    PROPOSAL FOR COUNCIL REGULATION (EEC )
      defining certain interim fisheries resource conservation measures
    relating to the activity of vessels , use of fishing gear as well as
              to the exploitation of certain defined fish stocks
              ( submitted to- the Council toy the Commission)
 COM ( 77) 3 final.
 ---pagebreak---             PROPOSAL FOR COUNCIL REGULATION ( EEC )
defining certain interim fisheries resource conservation measures
relating to the activity of vessels , u.3e of fishing gear as well as
to the exploitation of certain defined fish stocks *
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,'                               \
Having re^ara to the Treaty establishing the European Economic Community , \
Having regard1, to regulation ( CEE) n°     /77 of                    1977
defining the interim fisheries conservation and resource management
measures ( l ), and especially articles 2, par. 2, and 5 , par. 4 .
Whereas the conservation measures envisaged in article 2 must contribute
towards regulating fishing activity "by adopting particular measures relating
to vessels , fishing gear , and certain stocks ; and whereas in establishing
them , account must bo taken of the pertinent scientific , sociological , and
economic elements ;
Whereas , in order to ensure the protection of marine resources and catch
possibilities in future years , certain conservation measures must be defined
which take into consideration the capacity and utilization of fishing vessels ;
( 1 ) OJ No L
 ---pagebreak--- Whereas , it will -then be necessary to limit the right to fish of vessels
having a certain size and power to zones located at a greater distance
from the coast ;
Wherea3 it is opportune to envisage that the transfer from one vessel to
another used for transport purposes may be controlled in such a way
as to guarantee that the quotas be respected in this particular case :
                                                                   I
Wheras the respect of certain technical norms relating to fishing gear
is equally necessary to ensure stock conservation ; whereas , to this
end , it is moreover necessary to envisage special conservation zones
as well as the temporary suspension of fishing for particularly endangered
stocks ;                                                                   '
Whereas fishing activity must "be subordinated to the respect of minimum
sizes ;
Whereas to achieve the envisaged aim , control over the conservation
measures is essential ;
Whereas , in order to facilitate the bringing into effect of the proposed
measures , it is advisable to provide for a procedure establishing a close
cooperation between the Member States and the Commission within an interim
fisheries resource management committee ;
Whereas , these measures must bo applied until the Community fisheries
resource conservation and management regime comes into force , which
should not be later than 31 December 1977 *
HAS ADOPTED THIS EEGrUI.ATIOE' :
 ---pagebreak---                            Article 1
                         Pishing vessels
1.   The right to fish in certain zones located "beyond
12 nautical miles from the base lines of the Member States
may be limited to vessels not exceeding 85 feet in length
   between perpendiculars , or an engine power of 1.000 h.p .
2.   However vessels having characteristics in excess of
those defined in paragraph 1 and which have traditionally-
carried on fishing activities in the zones affected beyond
the 12 nautical miles may be admitted into the zone under
conditions to be defined .
3.    The Council , acting by a qualified majority on a proposal
from the Commission , shall determine the zones provided for in
paragraph 1 and the admission conditions envisaged in paragraph s .
 ---pagebreak---                          Article 2
1.   The transhipment at sea into other fishing vessels , collection, transport
or processing vessels , of catches made while fishing in the Community
zone shall be permitted on^y in esses to be defined which are necessary
to allow ncrraal fishing activity to take place .
 ---pagebreak---                          TITLE II
                       Fishing gear
                       Article 3
1.   Pishing activities shall "be subject to observance cf
the technical rules concerning the mesh of nets as defined
in Annex I of this Reflation .
                                                           ■
 ---pagebreak---                       Article 4
1.  The uc-3 of a seine or trawling may tie prohibited in respect
of certain species and certain zones .
2.  The Council , acting "by e qualified majority on a proposal
from the Commission , shall determine the species and zones to
which the prohibition referred to in paragraph 1 shall apply .
 ---pagebreak---                          TITLE II
                      Certain fish stocks
                        Article 5
1.       To protect certain fish stocks that are particularly endangered ,
uro^inion ma;/ be mado to establish special conservation zones and to
prohibit fishing of these stocks on a temporary basis .
?.       The Council , acting by a qualified majority on a proposal from
tho Commission , shall define the special conservation zones referred
to in paragraph 1 .
 ---pagebreak---                             Article 6
1.      Pishing activities in zones falling within the sovereignty or
jurisdiction of Member States shall "he subject to observance of the
minimum sizes listed in Annex II of this Regulation .
2.      However , in the case of species not intended for human
consumption , catching of fish tinder the minimum sizes laid down
in Annex II shall be authorized up to a limit of 10$ of the weight
of the landed catch .
 ---pagebreak---                         TITT^ TV
                     General provisions
                        Article 7
1.     "ember Str.tes shall take all the measures necessary to
ensure observance of the provisions of this Regulation and of
the provisions laid down for its implementation# The Commission
shall take the necessary steps , including, where appropriate , on-
the-spot checks to ascertain that the measures of control adopted
by Member States are duly applied .
 ---pagebreak---                    Article 8
     The detailed rules for application of Articles 2 and 8
shall be adopted in accordance with the procedure provided for
                                                Λ
in Article 32 of Regulation ( EEC ) No 100/76 .   They may include
provisions adapting or amplifying those in Article 3 » the protection
periods referred to in Article 5 » minimum sizes for species not
referred to in Article 6 , and control measures additional to those
provided for in Article 7 .
 0J No L 20 , 28 January 1976 , p. 1 .
 ---pagebreak---                          Article 9
 x.     s-Jhere the procedure laid ^ otm in this Article is to be followed ,
the Chairman 3hall refer tho matter to the Committee either on his
own initiative or at the request of the representative of a Member
State .
 2.     The representative of the Commission shall submit a draft of
the measures to be taken#       The Committee shall deliver its Opinion
on such measures within a tine-.liir.it to be set by the Chairman
according to the urgency of the questions under consideration#
.An Opinion shall be adopted by a majority of forty-one votes .
3#      The Comma si on shall adopt measures which shall apply immediately .
However , if these measures arr net ir accordance with the Opinion of
the Committee , they shall forthwith be communicated by the Commission
to the Covncil#      In that e-'or.t ths Commission may defer application
of the measures which it has adopted for not more than one month
from the date of such communication#
The Council , acting       a qvaj i.fird majority , nay take a different
decision within one mnth#
 ---pagebreak---                        Article 10
The Committee may consider any other question referred to it by-
its Chairman either on his own initiative or at the request of
the representative of a Member State .
 ---pagebreak---                          Article 11
This Regulation shall enter into force on
It shall be applicable until the entry into force of the Community
system for the conservation and management of fishery resources
and , at the latest , until 31 December 1977 •
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels                          For the Commission
                                          The President
 ---pagebreak---                   AIJNEX I
                                                      *
Taking over EEAPC recommendations 1 and 2 , in so far
 as   their dispositions may be applied to the
maritime waters under the sovereignty or
jurisdiction of the Member States ,
 ---pagebreak---               ÂNK3X II
The taking over of NEAPC recommendation
N° 4 in so far as the species mentioned evolve
in the maritime waters under the sovereignty
or jurisdiction of the Mcriter States#