Proposal for a Council Regulation amending for the fourth time Regulation (EC) No 1626/94 laying down certain technical measures for the conservation of fishery resources in the Mediterranean and for the fourth time Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms
29. 2. 2000 EN Official Journal of the European Communities C 56 E/7 Proposal for a Council Regulation amending for the fourth time Regulation (EC) No 1626/94 laying down certain technical measures for the conservation of fishery resources in the Mediterranean and for the fourth time Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (2000/C 56 E/04) (Text with EEA relevance) COM(1999) 552 final - 1999/0222(CNS) (Submitted by the Commission on 4 November 1999) THE COUNCIL OF THE EUROPEAN UNION, Council Regulation (EC) No 1626/94 set out seasonal closures these Regulations should consequently be amended, in the Mediterranean Sea; Having regard to the Treaty establishing the European Community and, in particular, Article 37 thereof, HAS ADOPTED THIS REGULATION: Having regard to the proposal from the Commission, Article 1 Having regard to the opinion of the European Parliament, Council Regulation (EC) No 1626/94 is modified as follows: Having regard to the opinion of Committee, the Economic and Social text: 1. In Article 3a, paragraph 1 shall be replaced by the following Whereas: (1) According to Article 2 of Council Regulation (EEC) No the 3760/92 of general objectives of the common fisheries policy shall be to protect and conserve living marine aquatic resources; the Council of 20 December 1992 (1), (2) The International Commission for the Conservation of Atlantic Tuna (ICCAT), at its 11th extraordinary session from 16 to 23 held in Santiago de Compostela, Spain, November 1998, recommended certain specific rules on seasonal closures and on minimum landing sizes of bluefin tuna; whereas these rules are drawn up on scientific advice; this recommendation entered into force on 21 June 1999; (3) The Community is a member of it is therefore necessary to implement those recommendations, in order to avoid an excessive fishing pressure on bluefin tuna; ICCAT; (4) Council Regulation (EC) No. 1626/94 of 27 June 1994 (2) and Council Regulation (EC) No 850/98 of 30 March 1998 (3) set out minimum sizes for bluefin tuna in, respect- ively, the Mediterranean Sea and in regions 1 to 5, except Skagerrak and Kattegat, of the Atlantic and Indian Oceans; (1) OJ L 389, 31. 12. 1992, p. 1. (2) OJ L 171, 6. 7. 1994, p. 1. Regulation as amended by Council Regu- lation (EC) No 782/98 (OJ L 113, 15. 4. 1998, p. 6). (3) OJ L 125, 27. 4. 1998, p. 1. Regulation as amended by Council Regulation (EC) No 308/1999 (OJ L 38, 12. 2. 1999, p. 6). It shall be forbidden to take bluefin tuna with an 1. encircling net: - For vessels whose exclusive or predominant area of operation is the Adriatic, from 1 to 31 May in the whole Mediterranean Sea and from 16 July to 15 August in the Mediterranean Sea excluding the Adriatic; - For vessels whose exclusive or predominant area of operation is the Mediterranean, excluding the Adriatic, from 16 July to 15 August in the whole Mediterranean Sea and from 1 to 31 May in the Adriatic; Member States shall ensure that all vessels flying their flag or registered in them are affected by the above-mentioned rules For the purposes of this Regulation, the southern limit of the Adriatic Sea shall be a line drawn between the Albanian-Greek border and Cape Santa Maria-Leuca. í 2. The following text shall replace the corresponding entries of Annex IV to Regulation (EC) No 1626/94: Species Minimum size Thunnus thynnus 70 cm or 6,4 kg (1) (1) However, the rules set out in Article 8, paragraph 3, shall not apply to fish, up to 15 % in number of individuals, weighing between 3,2 kg and 6,4 kg, and caught accidentally. í C 56 E/8 EN Official Journal of the European Communities 29. 2. 2000 Article 2 Article 3 The following text shall replace the corresponding entries of Annex XII to Council Regulation (EC) No 850/98: Species Minimum size Bluefin tuna (Thunnus thynnus) (1) 6,4 kg or 70 cm This regulation shall enter into force the day following that of its publication in the Official Journal of the European Commun- ities. (1) However, the rules set out in Article 19, paragraph 1, shall not apply to fish, up to 15 % in number of individuals, weighing between 3,2 kg and 6,4 kg, and caught accidentally. í This regulation shall be binding in its entirety and directly applicable in all Member States