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 of the European Parliament(2),
Whereas Council Regulation (EEC) No 2115/77 of 27 September 1977 prohibiting the direct fishing and landing of herring for industrial purposes other than human consumption(3) is founded upon a situation of over-exploitation which no longer exists in many geographical areas;
Whereas stocks of herring in the Baltic Sea, the Belts and the Sound are currently not threatened; whereas improved economical utilisation of these stocks allows them to be fished for purposes other than direct human consumption; whereas restriction on the industrial purpose for which landings from these stocks are made is not required;
Whereas industrial fishing for herring in the Baltic Sea may induce significant by-catches of young cod; whereas therefore such fishing should not be permitted in areas where young cod are abundant;
Whereas the state of the stock of herring in the North Sea, Skagerrak and Kattegat gives rise to serious concern;
Whereas for other stocks of herring in the North-East Atlantic, current fishing practice i.e. fishing for human consumption, gives rise to sufficiently high rates of exploitation; whereas, therefore, changes in the fishing practice for these stocks is undesirable;
Whereas the level of by-catches of herring should be limited in industrial fisheries targeted at other species; whereas by-catches taken under such limitations may be used for industrial purposes;
Whereas Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(4) provides for satellite monitoring of vessels engaged in fishing for industrial purposes from 1 July 1998 onwards;
Whereas Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound(5) stipulates conditions for fishing for herring in these waters;
Whereas Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources(6) stipulates conditions for retention on board and landing of herring caught in Regions 1 and 2 with fishing gears currently used for fishing for industrial purposes other than human consumption,
HAS ADOPTED THIS REGULATION:
Opinion delivered on 19 June 1998 (not yet published in the Official Journal).
OJ L 261, 20. 10. 1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7. 11. 1997, p. 1.)