Council Regulation (EC) No 1239/98 of 8 June 1998 amending Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources

COUNCIL REGULATION (EC) No 1239/98 of 8 June 1998 amending Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
(1) Whereas Articles 2 and 4 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (4) state that the Council is to establish, in the light of available scientific opinion, conservation measures necessary to ensure rational and responsible exploitation, on a sustainable basis, of living marine resources, taking account, inter alia, of the impact of fishing on the marine ecosystem; whereas for that purpose the Council may adopt technical measures regarding fishing gear and its method of use;
(2) Whereas it is necessary to establish the principles and certain rules at Community level so that Member States may ensure the management of fishing activities by vessels flying their flag or under their jurisdiction;
(3) Whereas Regulation (EC) No 894/97 (5) regulates fishing with drift-nets;
(4) Whereas fishing activities using drift-nets have in the past undergone a rapid increase in terms of fishing effort; whereas uncontrolled expansion of these activities could present a grave risk of an excessive increase in the fishing effort as regards the target species;
(5) Whereas Article 130r(2) of the Treaty establishes the principle that all Community measures must take account of the requirements of environmental protection in a precautionary spirit;
(6) Whereas, in accordance with the Community's international obligations to contribute towards the conservation and management of the biological resources of the oceans, it is necessary to regulate strictly any expansion of drift-net fishing by Community vessels;
(7) Whereas restrictions on the length of drift-nets are required;
(8) Whereas drift-net fishing for tuna, swordfish and certain other species gives rise to by-catches and a risk for the populations of species other than the target species;
(9) Whereas, in view of the risk of an uncontrolled expansion of the fishing effort and the lack of sufficient selectivity of drift-nets, their use should be prohibited in fisheries for tuna, swordfish and certain other species; whereas the transition should be made rapidly to avoid any ecological risks;
(10) Whereas Community vessels which have fished with drift-nets for those species are subject to economic constraints necessitating a phasing-out period; whereas the continuation of fishing with drift-nets by these vessels should be authorised until 31 December 2001;
(11) Whereas technical conservation measures for fishing in the Baltic Sea are laid down in Regulation (EC) No 88/98 (6);
(12) Whereas fishing using drift-nets should take place only under conditions where such use can be, and actually is, controlled;
(13) Whereas Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish (7) does not cover all fisheries concerned by the use of drift-nets; whereas the general provisions of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (8) concerning logbooks and landing declarations will not apply to the Mediterranean until 1 January 1999;
(14) Whereas, therefore, the control of fishing using drift-nets poses special difficulties; whereas specific provisions for that activity should be defined;
(15) Whereas the consequences of fishing using drift-nets must be subject to constant assessment; whereas, therefore, the necessary data must be collected;
(16) Whereas the logbook data must be verified against the volume of landings, on which effective checks must be possible;
(17) Whereas the Member States must supply the Commission with certain information necessary for the supervision at Community level of the checks they carry out;
(18) Whereas any failure to comply with the provisions of this Regulation should be subject to sanctions by Member States in accordance with Regulation (EC) No 2847/93,