31.12.2005 Official Journal of the European Union L 3491 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission (%), Having regard to the opinion of the European Parliament (), Whereas: (1) Pursuant to Articles 2 and 4 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conser- vation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (%), the Council is to establish, taking into account available scientific, technical and economic advice, Community measures necessary to ensure exploitation of living aquatic resources that provides sustainable economic, environ- mental and social conditions. To that end, the Council may adopt technical measures to limit fishing mortality and the environmental impact of fishing activities. 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 (hereinafter referred to as the Gdansk Convention) was approved by Decision 83/414/EEC (4). Since it was established by the Gdansk Convention, the International Baltic Sea Fishery Commission (IBSFC) has adopted a body of measures for the conservation and management of fishery resources in the Baltic Sea. It notified the Contracting Parties of certain recommen- dations to modify those technical measures. It is appropriate for the Community to give effect to such recommendations. However, since the IBSFC may be superseded by bilateral cooperation with the Russian () O] C 125, 24.5.2005, p. 12. (%) Opinion delivered on 13 October 2005 (not yet published in the Official Journal). () O L 358, 31.12.2002, p. 59. () O] L 237, 26.8.1983, p. 4. Federation, the Community rules should not follow strictly those recommendations but should rather seek to establish a comprehensive and consistent system of technical measures for Community waters, based on the existing rules. There is scope for simplification in some cases where the existing rules are unnecessarily detailed andfor cannot be justified for the conservation of resources. Regulation (EC) No 88/98 (°) laid down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound. The application of Regulation (EC) No 88/98 has brought to light certain deficiencies in that Regulation which have resulted in problems of application and enforcement and which should be rectified, notably by defining target species and required catch percentages applicable for different mesh size ranges and geographical areas when fishing with certain gears. The manner in which the percentages of target species and of other species are to be calculated should be defined. The minimum size of each species should be fixed taking into account the selectivity of the mesh size of the fishing gear which can be used for that species. Scientific information indicates that there are large by- catches of juvenile cod in eel fishery with trawls. The fishing of eel with active gear should therefore be prohibited. The Gulf of Riga is a unique and rather sensitive marine ecosystem which requires special measures to ensure sustainable exploitation of its resources and to minimise the impact of fishing activities. Article 21 of the 2003 Act of Accession, therefore, provides that the Council is to amend Regulation (EC) No 88/98 before the date of accession with a view to adopting the necessary conservation measures in the Gulf of Riga. () OJ L9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) No 289/2005 (O] L 49, 22.2.2005, p. 1).