Regulation 1998/850 - Council Regulation 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 1998/850
Original proposal	COM(1996)296
CELEX number i	31998R0850

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Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

Official Journal L 125 , 27/04/1998 P. 0001 - 0036

COUNCIL REGULATION (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

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 from the European Parliament (2),

Having regard to the opinion from the Economic and Social Committee (3),

• (1) 

  Whereas Regulation (EC) No 894/97 (4) constitutes the consolidated version of Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources, which Regulation has been frequently and substantially amended;

• (2) 

  Whereas experience in the application of Regulation (EEC) No 3094/86 has brought to light certain deficiencies which result in problems of application and enforcement and which should be rectified, notably by reducing the number of different specifications concerning mesh-sizes, by deleting the concept of protected species and by restricting the number of different mesh-sizes that may be kept on board; whereas it is therefore appropriate to replace Regulation (EC) No 894/97 by a new text with the exception of Articles 11, 18, 19 and 20 thereof;

• (3) 

  Whereas it is necessary to define certain principles and procedures for establishing technical conservation measures at Community level, so that each Member State can manage fishing activities in the maritime waters under its jurisdiction or sovereignty;

• (4) 

  Whereas a balance needs to be established between adapting technical conservation measures to the diversity of the fisheries and the need for homogeneous rules which are easy to apply;

• (5) 

  Whereas Article 130r(2) of the Treaty establishes the principle that all Community measures must integrate environmental protection requirements notably in the light of the precautionary principle;

• (6) 

  Whereas the practice of returning marine organisms to the sea should be reduced as much as possible;

• (7) 

  Whereas protection of nursery areas should be provided for, taking into account the specific biological conditions in the various zones concerned;

• (8) 

  Whereas in Directive 92/43/EEC (5), the Council laid down measures for conservation of natural habitats and of wildlife and fauna; whereas the list of marine organisms that fall within the scope of this Regulation contains names of species protected by the requirements of that Directive;

• (9) 

  Whereas the European Parliament on 25 October 1996 adopted its resolution on the communication from the Commission on the implementation of technical measures in the common fisheries policy;

• (10) 

  Whereas to ensure the protection of marine biological resources and the balanced exploitation of fishery resources in the interests of both fishermen and consumers, technical conservation measures should be laid down, specifying inter alia the mesh sizes and combinations thereof appropriate for the capture of certain species and other characteristics of fishing gear, and the minimum sizes of marine organisms, as well as limitations of fishing within certain areas and time-periods and with certain gears and equipment;

• (11) 

  Whereas, in the light of scientific advice, provisions should be laid down for increases in mesh sizes of towed gears when fishing for certain species of marine organisms, and provisions should be laid down for the mandatory use of square-meshed netting, as this can play a significant role in reducing the...

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