15. 1. 98 Official Journal of the European Communities L 9/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the proposal from the Commission, Having regard to the opinion of the European Par- liament ('), Having regard to the opinion of the Economic and Social Committee (%), (1) Whereas Council Regulation (EEC) No 1866/86 of 12 June 1986 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (®) has been frequently and substantially amended; whereas for reasons of clarity and rationality the said Regulation should be consolidated; (2) Whereas, pursuant to Articles 2 and 4 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (*), the Council is responsible for adopt- ing, in the light of the available scientific advice, the conservation measures necessary to ensure the rational and responsible exploitation of living marine aquatic resources on a sustainable basis; whereas, to that end, the Council may lay down technical measures con- cerning fishing gear and the ways in which it is used; (3) Whereas it is necessary to establish the principles and certain procedures for laying down the said technical measures at Community level so that each Member State can manage the fishing activities carried on in 1 () OJ C 304, 6. 10. 1997, p. 32. () OJ C 296, 29. 9. 1997, p. 31. () OJ L 162, 18.6.1986, p. 1. Regulation as last amended by Re- gulation (EC) No 1821/96 (O] L 241, 21.9.1996, p. 8). () OJ L 389, 31. 12. 1992, p. 1. Regulation as amended by the 1994 Act of Accession. the maritime waters within its jurisdiction or under its sovereignty; (4) Whereas the accession of the Community to the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts, as amended by the Protocol to the Conference of the representatives of the States Parties to the Convention and hereinafter referred to as ‘the Gdansk Conven- tion’, was approved by Council Decision 83/414/ EEC () (5) Whereas the Gdansk Convention entered into force in respect of the Community on 18 March 1984 and the Community accepted all the rights and obligations of Denmark and the Federal Republic of Germany as laid down by the Gdansk Convention; (6) Whereas the International Baltic Sea Fishery Commis- sion, set up by the Gdansk Convention, has adopted, since it was established, a body of measures for the conservation and management of fishery resources in the Baltic Sea and has, by its letters of 20 September 1985, 8 December 1986, 21 December 1987, 29 October 1988, 20 September 1993, 20 September 1994 and 11 September 1995, notified the Contracting Parties of certain recommendations to modify those technical measures; (7) Whereas the Gdansk Convention provides that the Community must give effect to the said recommenda- tions in the waters of the Baltic Sea, the Belts and the Sound, subject to the objection procedure laid down in Article XI of the Convention; (8) Whereas the most effective means of minimising catches of small fish is to prohibit fishing in those areas where they are heavily concentrated, () OJ L 237, 26. 8. 1983, p. 4.