CELEX: 51993PC0615
Language: en
Date: 1993-11-26
Title: Proposal for a COUNCIL REGULATION (EC) AMENDING, FOR THE FIFTEENTH TIME, REGULATION (EEC) No 3094/86 LAYING DOWN CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      C0M(93) 615 final
                                      Brussels, 26 November 1993
                         Proposal for a
                    COUNCIL REGULATION (EC)
                          AMENPING.
    FOR THE FIFTEENTH TIME. REGULATION (EEO No 3094/86
       LAYING DOWN CERTAIN TECHNICAL MEASURES
      FOR THE CONSERVATION OF FISHERY RESOURCES
                 (presented by the Commission)
 ---pagebreak---                                                   -MfMpMNOiiM                          4
This proposed regulation is intended to modify Regulation (EEC) No 3094/86 of the Council
of 7 October 19861, laying down certain technical measures for the conservation of fishery
resources, last modified by Regulation (EEC) No 3034/922.
The proposed modifications consist of a simple transfer, with no fundamental kiodification,
of certain technical measures already in existence but incorporated into the annuel TAC and
Quota regulation, from the latter regulation to Regulation (EEC) No 3094/86 which contains
all other technical measures.
The measures to be transferred deal with closed areas and/or closed seasons and with certain
limitations applicable to certain types of fishing gear. Two advantages should be noted :
        the measures transferred from the TAC and Quota regulation would become stable
        within Regulation (EEC) No 3094/86 which contains the whole family of technical
        measures in contrast to their provisional nature within the TAC and Quota regulation
        which has an annual validity and which must be proposed each year,
        it would be possible thereby to have a TAC and Quota regulation referring exclusively
        to annual fishing opportunities.
        1
                O.J. n° L 288 of 11.10.1986, p. 1
               O.J. n° L 307 of 23.10.1992, p.l
 ---pagebreak---                                       Proposal for a                                        ^
                                 ÇQUNÇII REGULATION (EC)
                                     AMENDING.
         FOR THE FIFTEENTH TIME. REGULATION (TOO NO WMM
               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                       Community, and in
particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas, according to Article 2 of Council Regulation (EEC) No 3760/92 of
20 December 1992 establishing a Community system for fisheries and aquaculture1, it is
incumbent on the Council to define, in the light of available scientific advice, the conservation
measures required for the realisation of the objectives indicated in Article 1 of the said
regulation;
Whereas it is therefore necessary to establish principles and certain procedures at Community
level so that each Member State can assure the management of the fishing activities of vessels
flying its flag;
Whereas, according to Article 4 of Council Regulation n° 3760/92, the Council shall establish
Community measures laying down the conditions of access to waters and resources and of the
pursuit of exploitation activities and, in particular, lay down technical measures regarding
fishing gear and its method of use;
1
     O.J. N° L 389, 31.12.1992, p.l
 ---pagebreak---                                                                                               V
Whereas, Council Regulation (EEC) n° 3094/862, as modified by Council Regulation
n° 3034/923, defines the general technical rules for the capture and landing of biological
resources to be found in the areas which it delimits;
Whereas, taking account of the latest scientific advice, it is necessary to establish seasonal
limitations on fishing activities in the Firth of Clyde and the Irish Sea in order to limit
fishing for herring;
Whereas, taking account of the scientific advice, it is necessary to establish seasonal
limitations on fishing activities in the Skagerrak and the Kattegat;
Whereas, the catching of certain species to be transformed into fish-meal of oil can be carried
out with a derogatory mesh size provided that such catching operations do not have a negative
influence on other demersal stocks, in particular cod and haddock;
Whereas, these restrictions on fishing activities should be considered as technical measures
and should be incorporated into Council Regulation (EEC) n° 3094/86 by means of a
modification of the latter;
HAS ADOPTED THIS REGULATION:
2
     O.J. n° L288, 11.10.1986, p.l
3
     O.J. n° L 307, 23.10.1992, p. 1
                                             I
 ---pagebreak---                                           Article 1
Regulation (EEC) No 3094/86 is hereby amended as follows:
1. Article 7:
   i.    paragraph 2 is cancelled and paragraph 3 becomes paragraph 2;
   ii.   the following paragraphs are added:
    "3. Fishing for herring shall be prohibited from 1 July to 31 October within the area
         bounded by the following coordinates :
         - the west coast of Denmark at 55° 30'N,
         - latitude 55°30'N longitude 07° 00'E,
         - latitude 57°00'N longitude 07° 00'E,
         - the west coast of Denmark at 57° 00*N,
   4.    Fishing for herring shall be prohibited in the zone extending from six to 12 miles
         off the east coast of the United Kingdom as measured from the baselines between
         latitudes 54° 10'N and 54° 45'N for the period 15 August to 30 September and
         between latitudes 55° 30'N and 55° 45'N for the period 15 August to
          15 September.
   5.    Fishing for herring shall be prohibited throughout the year in the Irish Sea (ICES
         Division Vila) in the maritime area between the west coasts of Scotland, England
         and Wales and a line drawn 12 miles from the baselines of these coasts bounded to
         the south by latitude 53° 20'N and to the north-west by a line drawn between the
         Mull of Galloway (Scotland) and the Point of Ayre (Isle of Man).
   6.    Fishing for herring shall be prohibited from 21 September to 31 December in the
         parts of the Irish Sea (ICES division VII a) bounded by the following coordinates:
 ---pagebreak---                                                                                        c
    a)   - the east coast of the Isle of Man at latitude 54° 20'N,
         - latitude 54° 20'N, longitude 3° 40'W,
         - latitude 53° 50'N, longitude 3° 50'W,
         - latitude 53° 50'N, longitude 4° 50'W,
         - the south-west coast of the Isle of Man at longitude 4° 50'W;
   ,b)   - the east coast of Northern Ireland at latitude 54° 15'N,
         - latitude 54° 15'N, longitude 5° 15'W,
         - latitude 53° 50'N, longitude 5° 50'W,
         - the east coast of Ireland at latitude 53° 50'N.
    Fishing for herring shall be prohibited throughout all the year in Logan Bay, defined
    as being the waters east of a line drawn from the Mull of Logan, situated at latitude
    54° 44'N and longitude 4° 59'W, to Laggantalluch Head, situated at latitude 54°
    41'N and longitude 4° 58'W.
7.  Notwithstanding paragraph 6, vessels with a length not exceeding 12.2 metres based
    in ports situated on the east coast of Ireland and Northern Ireland between latitudes
    53° 00'N and 55° 00'N may fish for herring in the prohibited area described in
    paragraph 6(b). The only method of fishing authorized shall be drift netting with
    nets of a minimum mesh size of 54 mm.
8.  Fishing for herring shall be prohibited in the maritime area situated to the north-east
    of a line drawn between Mull of Kintyre and Corsewall Point from 1 January to
    30 April.
9.  The areas and periods described in this Article may be altered in accordance with
    the procedure laid down in Article 17.
                                         I
 ---pagebreak--- 2.  The following paragraph is added to Article 10:
    "17. Trawling and purse seining for mackerel, sprat and herring shall be prohibited in
         the Skagerrak from Saturday midnight to Sunday midnight and in the Kattegat from
         Friday midnight to Sunday midnight."
3.  In Annex I, under the heading "Regions 1 and 2", geographical zone "entire region
    except Norway pout box(5)", the data concerning the "maximum percentage of protected
    species" are replaced by "15 of which not more than 5 % of cod and haddock".
                                           Article 2
This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities.
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
                                                               COM(93) 615 final
                                                          DOCUMENTS
EN                                                                               03
                                 Catalogue number : CB-CO-93-656-EN-C
                                                              ISBN 92-77-61905-8
Office for Official Publications of the EuroDetvn Ov-pr^ini"^