Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean

COUNCIL REGULATION (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean
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),
Whereas there has been no regulation at Community level of the conservation and management of fishery resources in the Mediterranean during the first 10 years of the common fisheries policy because the particular circumstances there lend themselves less easily to the application of rules analogous to those applying in the Atlantic and North Sea since 1983;
Whereas, however, the time has now come to remedy the problems currently affecting resources in the Mediterranean by introducing a harmonized management system suited to the circumstances there, while taking into account existing national regulations and making adjustment to the latter, as required to protect stocks, in a balanced and, where appropriate progressive manner;
Whereas the Community must also seek, in cooperation with all the coastal States concerned, to establish a common policy for the management and exploitation of Mediterranean fish stocks; whereas, furthermore, the management system introduced by this Regulation covers operations relating to the fishing of Mediterranean stocks carried out by vessels flying the flag of a third country in Community ports;
Whereas gear which, when used in the Mediterranean, contributes excessively to the degradation of the marine environment or to the running-down of certain stocks should be prohibited; whereas part of the coastal zone should be reserved for the most selective gear used by small-scale fishermen, whereas, notwithstanding the geographical scope of Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (4), the provisions of that Regulation concerning drifting gill nets and purse seines are already applicable in the Mediterranean;
Whereas it is appropriate to define the characteristics of the main types of fishing gear used in the Mediterranean, in particular minimum mesh sizes, as well as minimum sizes for certain species of fish, crustaceans, molluscs and other fishery products specific to the Mediterranean in order to prevent their over-exploitation;
Whereas, likewise, in order to avoid situations in which large numbers of undersized individuals are caught, it is necessary to protect certain zones where juveniles congregate, taking account of the local biological conditions in these various zones; whereas it is furthermore appropriate that, when regulating fisheries in the Mediterranean, both Community and national legislation should take into account the special needs of particular species and environments recognized to be fragile or endangered;
Whereas, in order not to impede scientific research, this Regulation should not apply to any operations required for the purposes of such research;
Whereas national measures supplementary to, or going beyond the minimum requirements of, the system established by this Regulation or measures regulating the relationships between those engaged in fishing activities should remain possible; whereas such measures may be maintained or introduced, subject to review by the Commission as regards their compatibility with Community law and their conformity with the common fisheries policy;
Whereas, for a limited period and according to a procedure which ensures a minimum negative effect on resources and on the activities of Community fishermen, national measures authorized by the provisions of this Regulation should be accepted;
Whereas Article 2 (2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (5), obliges Member States to ensure that non-commercial fisheries activities do not jeopardize the conservation and management of resources covered by the common fisheries policy; whereas this obligation is of particular importance in the Mediterranean owning to the considerable extent of such activities in that sea and whereas it is important to limit any negative affects thereof on the state of stocks;
Whereas the Community is a signatory to the United Nations Convention on the Law of the Sea, which contains principles and rules governing the conservation and management of marine biological resources,