27.4.98 Official Journal of the European Communities L 125/1 (Acts whose publication is obligatory) 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) (3) 1 4 ( ( (3 ( Whereas Regulation (EC) No 894/97 (*) 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; 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; Whereas it is necessary to define certain principles and procedures for establishing technical 292 4.10.1996, p. 1, and 245 12.8.1997, p. 10. 30 30.1.1997, p. 26. 132 23.5.1997, p. 1. ) O] C o] C 2) O] C 132 28.4.1997, p. 235. ) O] C ) O] L conservation measures at Community level, so that each Member State can manage fishing activities in the maritime waters under its jurisdiction or sovereignty; 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; 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; Whereas the practice of returning marine organisms to the sea should be reduced as much as possible; Whereas protection of nursery areas should be provided for, taking into account the specific biological conditions in the various zones concerned; Whereas in Directive 92/43/EEC (°), 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; 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; (’) OJ L 206 22.7.1992, p. 7. Directive as amended by the 1994 Act of Accession.