31977R0350

No L 48 /28 19 . 2. 77 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 350/77 of 18 February 1977 laying down certain interim measures for the conservation and management of fishery resources

THE COUNCIL OF THE EUROPEAN over-exploitation of fishery resources holds for COMMUNITIES, Community supplies of certain species ; whereas, as an interim step, such measures should be laid down forthwith on the basis of Article 103 of the Treaty, Having regard to the Treaty establishing the European subject to their being included at a later date in the Economic Community, and in particular Article 103 common agricultural policy, thereof,

Having regard to the Act of Accession, and in parti­ cular Article 102 thereof, HAS ADOPTED THIS REGULATION :

Having regard to the proposal from the Commission, Article 1 Whereas a Community system for the conservation and management of fishery resources has not yet been 1 . Fishing for North Sea herring shall be prohi­ laid down ; bited from 28 February 1977 until 30 April 1977 in sub-area IV and division VII-d defined by the Interna­ Whereas Member States apply conservation measures tional Council for the Exploration of the Sea. in the fishing zones off their North Sea and North Atlantic coasts pusuant, in particular, to international 2. The Council , acting by a qualified majority on a commitments ; proposal from the Commission, shall adopt, before 1 May 1 977, the measures to be applied for the remainder of 1977. In determining these measures, Whereas in view of the precarious situation of some account shall be taken of the results of the latest avail­ stocks it is important that certain particularly urgent measures should be taken in the immediate future in able scientific estimates of the North Sea herring stock for 1977 . order to protect, in the said zones, marine resources and potential catches for future years, without preju­ 3 . The Member States shall be authorized to catch dice to the adoption of such other measures as may prove necessary ; North Sea herring as by-catches in the course of direct fishing for other species, up to a limit of 10 % by weight of catches of sprat and 5 % by weight of Whereas special provisions should be made with catches of Norway pout and of sand eels during each regard to certain operations at sea in order to facilitate voyage . the supervision of conservation measures ;

The permitted by-catches calculated on an annual Whereas pending the establishment of a Community basis, may not however, exceed 1 5 000 tonnes for regime for the conservation and management of Denmark, 1 650 tonnes for the United Kingdom, 410 resources, and notwithstanding the provisions of the tonnes for the Federal Republic of Germany and 275 present Regulation, Member States may, in accordance tonnes for the other Member States . with the procedure and conditions set out in Annex VI to the Council resolution of 3 November 1976, adopt, in a form which avoids discrimination, appro­ Article 2 priate further measures to ensure the protection of resources situated in the fishing zones off their coasts ; Fishing for herring in the Celtic Sea shall be prohi­ bited from 1 March 1977 until 31 December 1977 in Whereas, however, Member States shall not adopt divisions VII g-h as defined by the International such further measures in the fields covered by the Council for the Exploration of the Sea, plus the zone present Regulation so long as the specific measures delimited : introduced under the present Regulation are in force in the fishing zones off their coasts ; — to the north by 52° 30' latitude North, — to the south by 52° 00' latitude North, Whereas the measures in question must be taken — to the west by the Irish coast, without delay in view of the danger which the current — to the east by the coast of the United Kingdom .

19 . 2 . 77 No L 48 /29 Official Journal of the European Communities

Article3¶

The Council , acting by a qualified majority on a pro­ 1 . The percentage of by-catches of demersal species posal from the Commission , shall adopt provisions authorized in fishing for industrial purposes by the concerning the compulsory use, when fishing for laws or regulations of the Member States adopted in certain species, of nets of larger mesh sizes than those accordance with the North-East Atlantic Fisheries permitted in the Member States at the time when this Commission Recommendation No 5 is reduced from Regulation enters into force, and provisions 25 to 20 % as from 1 April 1977. concerning the carrying of nets of different mesh sizes on board . 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt before 1 Article 4 August 1977 further measures with regard to the percentage of authorized by-catches referred to in para­ The use of vessels which carry out processing opera­ graph 1 . tions additional to salting, boiling of shrimps, filleting, freezing, reducing offal and reducing unavoidable by-catches subject to the permitted maximum shall be Article 7 prohibited within the maritime waters under the Member States' sovereignty or juridiction , and covered Member States shall take, as far as is possible, all neces­ by Community rules on fisheries. sary steps to ensure compliance with the provisions of this Regulation within the maritime waters under Article 5 their sovereignty or jurisdiction, and covered by Community rules on fisheries. 1 . Fishing for Norway pout shall be prohibited from 21 February 1977 to 31 March 1977 in that part The checks carried out by the Member States shall be of the North Sea delimited by a line joining the reported at regular intervals to the Commission . following points : In each case they shall mention the type and the — east coast of the United Kingdom at 56° 00' lati­ nationality of the vessel, any infringements recorded tude North , and measures taken as a result . — 56° 00' latitude North — 00° 00 longitude, — 60° 00 ' latitude North — 00° 00' longitude, — 60° 00' latitude North — 04° 00 longitude West, Article 8 — coast of the United Kingdom at 04° 00' longitude West . This Regulation shall enter into force on 21 February 1977 . 2. The Council, acting by a qualified majority on a proposal from the Commission , shall lay down, before It shall apply until the entry into force of the Commu­ 1 August 1 977, measures to be applied from that date . nity regime for the conservation and management of These measures shall be determined taking account of fishery resources or, at the latest, until 31 December the results of the latest available scientific evidence . 1977.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 18 February 1977. For the Council The President

J. SILKIN