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REPORT     
PDF 53k
7 April 1997
PE 220.878/end A4-0122/97
on the proposal for a Council Regulation laying down certain technical measures for the conservation of fishery resources (COM(96)0296 - C4-0388/96 -
96/0160(CNS))
Committee on Fisheries
Rapporteur: Mr Gordon Adam
By letter of 9 July 1996 the Council consulted Parliament, pursuant to Article 43 of the EC Treaty, on the proposal for a Council Regulation laying down certain technical measures for the conservation of fishery resources.
 A LEGISLATIVE PROPOSAL DRAFT LEGISLATIVE RESOLUTION
 B EXPLANATORY STATEMENT
 Annex

 By letter of 9 July 1996 the Council consulted Parliament, pursuant to Article 43 of the EC Treaty, on the proposal for a Council Regulation laying down certain technical measures for the conservation of fishery resources.

At the sitting of 15 July 1996 the President of Parliament announced that he had referred this proposal to the Committee on Fisheries as the committee responsible.

At its meeting of 22 and 23 July 1996 the Committee on Fisheries appointed Mrs María Izquierdo Rojo rapporteur.

It considered the Commission proposal and the draft report at its meetings of 9 and 10 September 1996, 18 and 19 November, 25 and 26 November and 9 December 1996 .

At the last meeting it adopted the draft legislative resolution by 15 votes to 1, with 1 abstention.

The following took part in the vote: Mr Arias Cañete, chairman; Mr Kindermann, vice-chairman; Mrs Izquierdo Rojo, rapporteur; Mr d'Aboville, Mr Adam, Mr Apolinário (for Mrs Pery), Mr Baldarelli, Mrs Fraga Estévez, Mrs Frutos Gama (for Mr Perez Royo pursuant to Rule 138(2)), Mrs Langenhagen, Mr Macartney, Mrs McKenna, Mr Olsson, Mr Souchet, Mr Teverson, Mr Vallvé (for Mr Kofoed) and Mr Varela Suanzes-Carpegna.

The report was tabled on 9 December 1996 (A4-0409/96).

At the sitting of 13 December 1996, the report was referred back to the Committee pursuant to Rule 59(3) of the Rules of Procedure. At the sitting of 17 February 1997, at the request of the Committee, the report was referred back, pursuant to Rule 129 of the Rules of Procedure.

At its meeting of 20 and 21 January 1997 the Committee on Fisheries appointed Mr Adam rapporteur.

At its meetings of 25 and 26 February 1997, 11 March 1997 and 7 April 1997, it considered the Commission proposal and the draft second report.

At the last meeting the Committee adopted the draft legislative resolution by 16 votes to 2.

The following took part in the vote Mrs Fraga Estévez, chairman; Mr Kindermann, Mr Macartney, vice-chairmen; Mr Adam, rapporteur; Mr d'Aboville, Mr Apólinario, Mr Arias Cañete (for Mr Provan), Mr Baldarelli, Mr Cunha, Mrs Dührkop Dührkop, Mrs Hardstaff (for Mr Crampton), Mr Imaz San Miguel (for Mr Bébéar), Mr Kofoed, Mrs Langenhagen, Mr McMahon (for Mrs Pery), Mr Medina Ortega, Mr Pérez Royo (for Mr Roubatis) and Mr Varela Suanzes-Carpegna.

The second report was tabled on 7 April 1997.

The deadline for tabling amendments .is Tuesday, 8 April 1997 at 4 P.M.


 A LEGISLATIVE PROPOSAL DRAFT LEGISLATIVE RESOLUTION

Proposal for a Council Regulation laying down certain technical measures for the conservation of fishery resources (COM(96)0296 - C4-0388/96 - 96/0160(CNS))

The proposal is approved with the following amendments:

Text proposed by the Commission(1)

Amendments

( Amendment 1)
Third indent a (new)

- having regard to the European Parliament"s resolution of 25 October 19962 on the Communication from the Commission on the implementation of technical measures in the Common Fisheries Policy, 2 OJ C ...

( Amendment 2)
Recital 7a (new)

Whereas the successful introduction of any modifications or innovations as regards technical measures (mesh sizes, types of net, minimum sizes, restricted fishing areas) will be dependent on parallel policies related to:

- scientific validation of both technical and commercial aspects;- research programmes within the Community Framework Programme;- compensation provisions where the application of technical measures results in a reduction of fishermen's income;

and whereas these investigations and measures should take into account the diversity of species composition in different areas and involve active participation and consultation with local fishermen wherever possible;

( Amendment 3)
Recital 7b (new)

Whereas discarding is an unproductive waste of renewable marine resources and Community policy should be aimed at reducing discards to a minimum;

( Amendment 4)
Recital 8

Whereas in the light of scientific advice, provision should be made for increases in mesh sizes of towed gears when fishing for certain species of marine organisms, and provision should be made for the mandatory use of square-meshed netting, as this can play a significant role in reducing the capture of juveniles of marine organisms;

Whereas in the light of scientific advice and in consultation with fishermen, mesh sizes of towed gears should be reviewed from time to time and provision should be made for the mandatory use of selective measures, such as square-mesh netting or other measures likely to play a significant part in reducing the capture of juvenile fish, and whereas the Commission and the Member States should intensify their studies of such measures;

( Amendment 5)
Recital 23a (new)

Whereas, in order to safeguard resources and improve the operation of fisheries undertakings, both at Community and at international level, it would be desirable for technical measures governing the management of world resources to correspond as closely as possible; whereas the Commission will urge, within the international fisheries bodies to which it belongs, that such standardization be carried out wherever possible, particularly with regard to minimum sizes for the same species and the type and characteristics of the gear with which they may be fished;

( Amendment 6)
Article 1a (new)

1a. This Regulation shall apply on the basis of a three-year transition period, at the end of which the Commission shall draw up a final report on its implementation and on the scientific and technical validity of the measures proposed.

(Amendment 7)
Article 7

1. It is prohibited to have on board or to use any trawl, Danish seine or similar towed net having more than 100 meshes in the circumference of the cod-end, excluding the joinings and selvedges.

1. It is prohibited to have on board or to use any trawl, Danish seine or similar towed net having more than 100 meshes in the circumference of the cod-end, excluding the joinings and selvedges. An exemption shall apply to vessels using a mesh size of lesss than 80mm, permitting the use of cod-ends with a circumference of not more than 120 meshes, excluding the joinings and selvedges.

(Amendment 8)
Article 8 (1)

1. Any towed net of which the mesh size is equal to or greater than 70 millimetres shall be equipped, in the upper part of the net, with a section (panel or window) of square meshed netting having a mesh size equal to or greater than that of the cod-end.

1. Any towed net of which the mesh size is equal to or greater than 70 millimetres shall be equipped, in the upper part of the net, with a section (panel or window) of square meshed netting having a mesh size equal to or greater than 80 mm.

1a. Without prejudice to the provisions of paragraph 1, towed nets of which the mesh size falls within the range of 70 through 110 mm shall be granted a transitional period to adjust to the provisions of paragraph 1, which shall in no case be longer than five years from the entry into force of the present Regulation. To this end, the Commission and the Member States shall introduce measures for the progressive encouragement of the use of square-meshed netting for those cases and species for which it has been sufficiently shown that it provides a greater degree of selectivity.

1b.Bearing in mind the scientific doubts which remain with regard to the effectiveness of square-meshed netting in the case of certain species, the Commission, acting on its own initiative or at the request of a Member State affected, may review the gradual introduction of mandatory measures as referred to in paragraph 1a, provided that sufficient and validated scientific reports are supplied.

(Amendment 9)
Article 8 (2)

2. The following conditions shall apply to any section of square-meshed netting as referred to in paragraph 1:

2. The following conditions shall apply to any section of square-meshed netting as referred to in paragraph 1:

(a) it shall be at least 3 metres in length;

(a) it shall be at least 3 metres in length;

(b) it shall be attached along each lengthwise edge to the net in such a way that the stretched length of that part of the net to which the section of square-meshed netting is attached is the same as the stretched length of the section of square-meshed netting along that lengthwise edge;

(b) it shall be attached along each lengthwise edge to the net in such a way that the stretched length of that part of the net to which the section of square-meshed netting is attached is the same as the stretched length of the section of square-meshed netting along that lengthwise edge;

(c) it shall cover at least 90% of the width of that part of the net into which it is inserted.

(c) it shall cover at least 90% of the width of that part of the net into which it is inserted.

Notwithstanding the above and taking account of the different types of fleet fishing in Community waters, in certain cases and subject to a reasoned justification of their case by the Member States concerned, Member States may, pursuant to the principle of subsidiarity, lay down by law the most appropriate part of the net for the square meshed netting to be placed. This legislative facility shall under no circumstances serve to justify non-compliance with the compulsory use of square meshed netting, as laid down throughout this Regulation.

(Amendment 10)
Article 8 (2) , point (d) (new):

(d) the square meshed netting shall be constructed of knotless or other material with non-slip knots and inserted in such a way that the meshes remain fully open whilst fishing at all times;

(Amendment 11)
Article 9

1. It is prohibited for vessels which carry on board or use any towed net with a minimum mesh size equal to or greater than 110 millimetres simultaneously to carry on board or to use any other towed net with a minimum mesh size less than 110 millimetres.2. Vessels may carry on board or use towed nets of two different minimum mesh sizes provided that one of these minimum mesh sizes falls within the range of 0 through 60 millimetres, and the other of these minimum mesh sizes falls within the range of 70 through 109 millimetres. In this case, and derogating from the provisions of Article 5, the minimum percentage of target species that must be retained on board shall be 85 %. This percentage shall apply to the target species as defined for the net or nets with the larger of the two mesh sizes that are being kept aboard.

1. It is prohibited for vessels which carry on board or use any towed net with a minimum mesh size equal to or greater than 110 millimetres simultaneously to carry on board or to use any other towed net with a minimum mesh size less than 110 millimetres. 2. Without prejudice to the provisions of paragraph 1, vessels may carry on board or use towed nets of two different mesh sizes;In this case, and derogating from the provisions of Article 5, the minimum percentage of target species that must be retained on board shall be 90%. This percentage shall apply to the target species as defined for the net or nets with the larger of the two mesh sizes that are being kept aboard.

3. It is prohibited for vessels not complying with the conditions of paragraphs 1 and 2 to use any trawl, Danish seine or similar towed net.

3. It is prohibited for vessels not complying with the conditions of paragraphs 1 and 2 to use any trawl, Danish seine or similar towed net.

(Amendment 12)
Article 10

1. It is prohibited to carry on board or to use any towed nets constructed wholly or in part of netting materials having a twine diameter of more than 8 mm.

1. From 31 December 1999 it shall be prohibited to carry on board or to use any demersal towed nets whose cod-end is constructed wholly or in part of netting materials having a twine diameter of more than 8 mm. This provision shall not apply to pelagic fishing with towed nets where authorization has been granted to fish with nets up to 80 millimetres.

2. It is prohibited to carry on board or to use any towed nets constructed wholly or in part of netting materials consisting of multiple twine.

2. From 31 December 1999 it shall be prohibited to carry on board or to use any towed nets constructed wholly or in part of netting materials consisting of multiple twine.

(Amendment 13)
Article 11(1)

1. It is prohibited to carry on board or to use any towed net constructed wholly or in part of any type of mesh other than square mesh or diamond mesh.

1. It is prohibited to carry on board or to use any towed net whose meshes in the cod-end consist of any type of mesh other than square mesh or diamond mesh.

(Amendment 14)
Article 16

Sorting shall be carried out immediately after hauling.

Sorting shall be carried out immediately after catches have been removed from the nets.

(Amendment 15)
Article 17(1)

1. Quantities of marine organisms retained on board in excess of permitted percentages according to Annexes II through VI shall be discarded into the sea at any time prior to return to port.

1. Quantities of marine organisms retained on board in excess of permitted percentages according to Annexes II through VI shall be discarded into the sea at any time prior to return to port except that, when using gill nets, entangling nets or longlines, no discards shall be made when the gear is either being deployed or retrieved.

(Amendment 16)
Article 21(2)

2. Paragraph 1 shall not apply to:

2. Paragraph 1 shall not apply to:

(a) herring, horse mackerel and mackerel, within a limit of 10% by weight of the total catches retained on board of these species;

(a) herring, horse mackerel, sardine, anchovy and mackerel, within a limit of 10% by weight of the total catches retained on board of these species;

(Amendment 17)
Article 21(3)

3. However, undersized anchovy, horse mackerel or mackerel caught for use as live bait may be retained on board, provided they are retained alive.

3. However, undersized anchovy, sardine, horse mackerel or mackerel caught for use as live bait may be retained on board, provided they are retained alive.

(Amendment 18)
Article 27(2)

2. It is prohibited to retain on board tuna which are caught using drift nets in waters under the sovereignty or jurisdiction of Spain or Portugal in ICES sub-areas VIII, IX or X, or, in CECAF areas around the Canary Islands.

2. It is prohibited to retain on board tuna which are caught using drift nets in waters under the sovereignty or jurisdiction of Spain or Portugal in ICES sub-areas VIII, IX or X, or, in CECAF areas around the Canary Islands and the Madeira Archipelago

(Amendment 19)
Article 31(1)

Restrictions on fishing for hake

1. It is prohibited to fish with any trawl, Danish seine or similar towed net in the geographical areas and during the periods mentioned below:

(a) from 1 April to 31 July, within the geographical areas bounded by a line joining the following coordinates:

- latitude 51Ί35' N, longitude 11Ί40' W,

- latitude 51Ί35' N, longitude 11Ί25' W,

- latitude 51Ί25' N, longitude 11Ί25' w,

- latitude 51Ί25' N, longitude 11Ί40' W;

(b) from 1 May to 31 July, within the geographical areas bounded by a line joining the following coordinates:

- latitude 51Ί00' N, longitude 11Ί35' W,

- latitude 51Ί00' N, longitude 11Ί25' W,

- latitude 49Ί40' N, longitude 11Ί25' W,

- latitude 49Ί40' N, longitude 11Ί35' W,

and

- latitude 50Ί30' N, longitude 10Ί30' W,

- latitude 50Ί30' N, longitude 9Ί20' W,

- latitude 50Ί45' N, longitude 9Ί20' W,

- latitude 52Ί45' N, longitude 10Ί30' W,

and

- latitude 51Ί45' N, longitude 14Ί30' W,

- latitude 51Ί45' N, longitude 13Ί00' W,

- latitude 52Ί30' N, longitude 13Ί00' W,

- latitude 52Ί30' N, longitude 14Ί30' W,

and

- latitude 48Ί10 N, longitude 9Ί40' W,

- latitude 48Ί10 N, longitude 9Ί10' W,

- latitude 48Ί40' N, longitude 9Ί10' W,

- latitude 48Ί40' N, longitude 9Ί40' W,

Restrictions on fishing for hake

1. It is prohibited to fish with any trawl, Danish seine or similar towed net in the geographical areas and during the periodes mentioned below:

deleted

deleted

(Amendment 20)
Article 31 (1) (e)

e) from 1 December to the last day of February in the following year, within the geographical area bounded by the following coordinates:

e) from 1 December to the last day of February in the following year, within the geographical area bounded by the following coordinates:

- a point on the west coast of Portugal at latitude 37o50' N,

- a point on the west coast of Portugal at latitude 37o50' N,

- latitude 37o50' N, longitude 9o03' W,

- latitude 37o50' N, longitude 9o08' W,

- latitude 37o00' N, longitude 9o06' W,

- latitude 37o00' N, longitude 9o07' W,

- a point on the west coast of Portugal at latitude 37o00' N.

- a point on the west coast of Portugal at latitude 37o00' N.

(Amendment 21)
Article 31(3)

3. Within the zones and outside of the periods referred to in paragraph 1, it is prohibited to carry on board or use any towed net with a minimum mesh size of less than 80 milimetres.

3. Within the zones and outside of the periods referred to in paragraph 1, it is prohibited to carry on board or use any towed net with a minimum mesh size of less than 70 milimeters.

(Amendment 22)
Article 31(3a) (new)

3a. A New The Commission shall examine the need for additional measures to protect the hake adult spawning stock off the South and West Coasts of Ireland and report on its findings within 12 months of the coming into force of this regulation.

(Amendment 23)
Article 34

Restrictions on fishing demersal fishFrom 1 March to 30 April it is prohibited to fish with any demersal towed gear in the geographical area bounded by a line joining the following coordinates:- a point on the west coast of the United Kingdom at latitude 50Ί15' N,- latitude 50Ί15' N, longitude 06Ί00' W,- latitude 51Ί00' N, longitude 06Ί00' W,- latitude 51Ί00' N, longitude 04Ί40' W,- a point on the west coast of the United Kingdom at longitude 04Ί40' W.

deleted

(Amendment 24)
(Annex I)

(Annex 1 to include the following)

Scientific name NameAtherina spp. Silverside pejeryTrisopterus minutus Poor codGadiculus argenteus Silvery poutCepolidae Scabbard fishNezumia spp., Trachyrhyncus spp.,Malacocephalus spp. StargazersMora moro Poor codBrama brama Ray's breamBeryx spp. Red breamZeus faber John DoryAristaeomorpha foliacea Prawn Rajidae SkateScyliorhinidae DogfishGaleidae, Squalidae Dogfish sharks

(Amendment 25)
(Annex II)

Target species

Mesh size range 16-31 mm - second species group:

- Common prawn - Palaemon spp

Mesh size range 55-60 mm - fifth species group:

- Bib - Trisopteros luscus

- Cuttlefish - Sepia officinalis (moved from seventh species group)

Mesh size range 70-79 mm - sixth species group:

- Big-eyed shrimp - Penaeopsis serrata

- Scarlet shrimp - Plesiopenaeus edwardsianus

- European deep-water crab - Geryon longipes

(Amendment 26)
(Annex II (target species))

Insert the following species in the group with a mesh size range of 32-54 mm:Wedge sole (Dicologoglossa cuneata)

(Amendment 27)
(Annex II)

(after 'anchovy')

Add the following species:

Silverside (Atherina spp.)Poor cod (Trisopterus minutus)Silvery pout (Gadiculus argenteus)Scabbard fish (Cepolidae)Stargazers (Nezumia spp., Trachyrhyncus spp., Malacocephalus spp.)

(Amendment 28)
(Annex II)

(after 'pelagic cephalopods')

Add the following species:

Garfish (Belone belone)Bib (Trisopterus luscus)Mullets (Mugil spp.)

(Amendment 29)
(Annex II)

(after 'octopus')

Add the following species:

Poor cod (Mora moro)Wedge sole (Discologoglossa cuneata)Rays (Brama brama)Red bream (Beryx spp.)John Dory (Zeus faber)Wrasses (Labridae)

(Amendment 30)
( Annex II (target species))
To be added to the last group:

Dogfish (Scyliorhinus) spp.)Common pout (Trisopterus luscus)Mullet (Liza haematochila)Wedge sole (Dicologoglossa cuneata)Redfish (Sebastes spp.)

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation laying down certain technical measures for the conservation of fishery resources (COM(96)0296 - C4-0388/96 - 96/0160(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(96)0296 - 96/0160(CNS)(2),

- having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0388/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Fisheries (A4-0409/96),

- having regard to the second report of the Committee on Fisheries (A4-0122/97),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.

(1)() OJ C 292, 4.10.1996, p. 1
(2) OJ C 292, 4.10.1996, p. 1


 B EXPLANATORY STATEMENT

The purpose of the Commission's draft regulation is to modify existing technical measures taking into account recent scientific evidence, so as to reduce the mortality rate of immature fish. In simple language: to enable more fish to live longer and to grow bigger. The ultimate aim is the biological security of all the fish species which are fished in the waters under the jurisdiction of the European Union.

The measures available are:

a) the number of nets, of different mesh size, allowed on board a fishing vessel at any one time (ideally the Commission would prefer a one net rule, but accepts that this is politically impossible at the present time);

b) improved selectivity by:

i) increased mesh size;

ii) the use of square mesh panels in front of the cod-end;

iii) the use of separator panels;

c) closed seasons and closed areas;

d) adjustment of minimum landing sizes to the selectivity of the nets.

Discussions in committee showed a general acceptance to reduce the mortality of immature fish and the number of discards. However, differences in national and local fishing customs were reflected in the large number of amendments which were proposed to the Commission's draft.

Whilst it is not possible to accommodate all points of view, your rapporteur has sought to produce a set of compromise amendments which would:

a) be considered seriously by the Commission, Council and fishermen's organisations;

b) not relax any of the technical measures currently in force;

c) improve and strengthen the technical measures;

d) be easier to monitor and control.

Members of the committee were agreed on the need for a reasonable transition period before full implementation of the regulation.

It was also agreed that the successful operation of the regulation required other policies to be followed in parallel, with the involvement, wherever possible, of fishermen's organisations. These were identified as:

a) socio-economic effects;

b) scientific assessment of stocks;

c) scientific validation of the effectiveness of the technical measures.

These views are reflected in a proposed addition to the preamble of the text of the regulation. The Committee on Fisheries expects the Commission to bring forward proposals to respond to these points.


 Annex

COMMISSION DECLARATION

(Pursuant to Rule 56, paragraph 4 of the Rules of Procedure)

Pursuant to Rule 56.1 of the Rules of Procedure and following a request from the committee, the Commission representative stated that for the time being, the Commission services were not working on any new proposal for technical measures.

Last updated: 27 March 1999Legal notice