17. 6. 98 Official Journal of the European Communities L 171/1 (Acts whose publication is obligatory) 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 ('), Having regard to the opinion of the European Par- liament (3, Having regard to the opinion of the Economic and Social Committee (%), (1) Whereas Articles 2 and 4 of Council Regulation (EEC) No 3760/92 of 20 December 1992 estab- lishing a Community system for fisheries and aqua- culture (*) state that the Council is to establish, in the light of available scientific opinion, conservation measures necessary to ensure rational and respons- ible 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 tishing activities by vessels flying their flag or under their jurisdiction; (3) Whereas Regulation (EC) No 894/97 (°) 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 activ- 1 () OJ C 118, 29. 4. 1994, p. 2. () OJ C 305, 31. 10. 1994, p. 83. () OJ C 393, 31. 12. 1994, p. 175. () OJ L 389, 31. 12. 1992, p. 1. Regulation as last amended by the 1994 Act of Accession. () OJ L 132, 23. 5. 1997, p. 1. ities could present a grave risk of an excessive increase in the fishing effort as regards the target species; (5) Whereas Article 1301(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 inter- national obligations to contribute towards the conser- vation 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 suffi- cient 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 (°); () OJ L 9, 15. 1. 1998, p. 1.