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Conservation of fishery resources
of which is likely to prejudice his commercial interests; (c) the forecast, by type and quantity, of liquid, solid and gaseous waste and nuisances such as noise and vibration, together w i t h the proposed measures for reducing or eliminating them; (d) the land-use requirements during the preparatory, construction, equipping and operational phases; (e} any development ancillary to the main project such as water and electricity supply, the treatment and disposal of waste, transport infrastructures, leisure facilities and housing; (f) for public developments, the total cost of equipping and operating both the main and the ancillary developments; (g) the number of permanent and temporary jobs created locally by the construction and operation of the proposed development and, where appropriate, the improvement of regional structures, the increased income for the region involved. 2. The description o f the environment which shall comprise a description in their present state of the following factors and the way they will probably evolve, if the proposed projects are not carried out: (a) the features in the water, air, soil, flora and fauna and the built-up environment which are likely to be affected; (b) the relationships between these environments; (c) the degree to which these environments are used as resources, including the levels of pollution in them; (d) economic activities and the demographic situation• 3. The assessment o f significant types o f environmental impact - direct and indirect, cumulative, short-, medium- and Iong4erm, lasting and temporary, positive and negative (a) resulting from the physical presence of the development projects and their operation in normal or abnormal circumstances, especially if there is a likelihood of accident; (b) resulting f r o m the resources of the environment being used, i,e., water, soil, habitats, built-up environment; (e) resulting f r o m the disposal of wastes and surplus energy from the development: water, air and land pollution, noise and vibration, smells; (d) of the type described under (a), (b) and (c) and attributable to developments associated with the proposed develop* ment. 4. A review o f the compatibility o f the proposed projects with approved environmental and land.use objectives, plans and standards for the areas likely to be affected. Compatibility shall not necessarily mean that the environmental impacts are acceptable. 5. The reasons f o r choosing the particular project from among possible alternatives. The reasons should be given in detail f r o m (i) the environmental point of view, with reference to (a) the specifications of the main and subsidiary projects proposed: production technologies, physical characteristics, protective measures, processing plant; (b) the proposed location; (ii) the point of view of the economic consequences. 6. A non-technical summary o f headings 1--5. 46
ANNEX 3 Criteria for the selection of projects other than those included in Annex 1 In deciding whether and under what circumstances development projects other than those listed in Annex 1 shall require a mandatory impact study and prior consultation of the public, the competent authorities shall consider the following aspects: (1) The environmental sensitivity o f project site The environmental sensitivity of sites should be judged on the basis of - the quality of resources: water, air, soil, landscape, flora, fauna, built-up environment - the relative abundance of resources - t h e variation in the absorption and dissemination capacity - the variation in the production capacity The following site types are in particular to be considered environmentally sensitive: (a) water related resource areas (b) coastal zones (c) forest areas (d) natural reserves and parks (e) areas already classified/or protected under existing legislation (2) Impact o f the project and induced developments during site preparation, construction and operation - emissions • solid, liquid, gaseous emissions • radioactivity - use of natural resources: water, soil, landscape, flora, fauna, built-up - accident risks - visual intrusion
International Convention on the North-West Atlantic Fisheries ( I C N A F ) or parts thereof.
Article 2 * 1. No vessel shall use or t o w any trawl, Danish seine or similar net, gill net or purse seine which has in any part meshes smaller than those specified in Annex 1 for the relevant region and type of net. These provisions shall apply from 1 January 1981 in the North Sea section of Region 2, 2. Mesh sizes smaller than those fixed for these zones in Annex 1 may be used in the North Sea Section of Region 2 as follows: - until 31 December 1978: any part of any net in single twine: 70 mm, any part of any net in double twine: 75 mm, - from 1 January 1979 until 31 December 1980: any part of any net in single twine: 75 ram, any part of any net in double twine: 80 mm. 3. The Council shall, in the light o f the relevant available scientific information, re-examine before 1 November 1978 the mesh dimension fixed in Annex I for regions and types of net and, acting by a qualified majority on a proposal from the Commission, take suitable measures, in particular as regards the mesh dimensions for trawls to be used for catching whiting in the North Sea and the mesh dimensions used for fishing in ICS Divisions Ilia, Via, b and V l l a , b, c, d , e , f, g, h, i (or j), k.
Article 3 CONSERVATION RESOURCES
OF FISHERY
(Proposal submitted by the Commission to the Council on 21 September 1978) THE C O U N C I L OF THE E U R O P E A N C O M M U N I T I E S HAS A D O P T E D T H I S R E G U L A TION:
Article I 1. This Regulation applies to the taking and landing of biological resources arising in all maritime waters under the sovereignty or jurisdiction of the Member States and subjject to C o m m u n i t y fisheries legislation which are situated in the areas defined by Article 1 of the North East Atlantic Fisheries Conven tion of 24 January 1959 and Article 1 of the International Convention for the North-West Atlantic Fisheries o f 8 February 1949. 2. These areas shall be subdivided into four regions, defined as follows: (a). 1 (all waters o f f the coasts of Greenland and St Pierre et Miquelon); (b) 2 (all waters north of 48 ° latitude North except those defined under subparagraph (a)) ; (c) 3 (all waters south of 48 ° latitude North); (d) 4 (all waters off the coast of the French department of Guyana). 3. The regions may be divided according to statistical sub-areas or divisions of the International Council for the Exploration of the Sea (ICES) or sub-areas or divisions of the
1. Vessels may use trawls, Danish seines or similar nets having mesh sizes smaller than those specified in Annex I but no smaller than those specified in Annex II when fishing in certain regions f o r the species listed in Annex II. These provisions do not apply to vessels trawling in certain areas for the species listed in Annex III. 2. In Region 2, no vessel shall use any net having in the cod-end meshes of dimensions between 50 mm and those specified in Annex I for that region, except in waters east of a line drawn f r o m Hanstholm to Lindesnes. 3. Nets used in accordance with paragraph 1 shall not be used for catching other species• If vessels are fishing for certain species, in certain zones, or during certain periods for which the utilization of nets with meshes smaller than those specified in this Regulation is not authorized, such nets must be stowed in accordance with the conditions set out in Annex V I I in order that they may not be readily used.
Article 4 1. Notwithstanding Article 3 (3) and Article 10: -- on any voyage on which only nets not complying with Article 2 (1) are carried, not more than 10% by weight of all fish on board or of any representative sample
*Article 1 would be accompanied by the following statement: 'The Council considers that the phrase "biological resources" refers only to fishery resources at this stage.'
Environmental Policy and Law, 5 (1979)
thereof of at least 100 kg after sorting, in the hold or on landing, may consist of such species of fish as are listed in Annex V l , except salmon and t r o u t , by-catches of which shall be prohibited; however, in the fishery for sandeel with nets of mesh dimensions of less than 16 ram, not more than 10% by weight of the fish, or any part thereof exceeding 100 kg, on board ship at any time or on landing may consist of other species, - catches taken during a voyage by a vessel using both nets complying with Article 2 (1) and others not complying with this paragraph must respect the percentage fixed in the preceding indent as to the quantities taken with nets not complying with Article 2 (1). 2. Paragraph 1 shall apply from 1 January 1981 to prawn and shrimp fishing within a 12-mile limit calculated from Member States' baselines**. 3. Paragraph 1 shall apply from 1 January 1981 to the Kattegat (ICES Division Ilia south of a line drawn from Skagen to Pater Noster lighthouse). In the interval before Article 1 becomes applicable the percentage referred to in this paragraph shall be: -- 20% until 31 December 1978, - 15% f r o m 1 January 1979 to 31 December 1980.
Article 5 1. The appropriate minimum mesh size shall be measured in accordance with Annex IV. 2. No device shall be used on a vessel by means of which the mesh in any part of a fishing net is obstructed or otherwise effectively diminished. This provision does not exclude the use of the devices referred t o in Annex V .
Lindesnes provided that landings thereof do not include o t h e r species of fish listed in Annex VI.
Article 11 Article 8 1. Except in ICES Division Ilia east of a line drawn from Skagen to Pater Noster lighthouse fishing for herring of a size smaller than 20 cm measured from the tip of the snout to the end of the tail fin or catching a number of herring per unit weight greater than a number to be determined shall be prohibited. Article 6 (1) shall apply. 2. Notwithstanding paragraph 1, landings of herring may consist of up to 10% by weight o f herring which are undersized or underweight expressed as a maximum number of herring per unit of weight. 3. Mackerel smaller than 30 cm measured f r o m the tip of the snout to the end of the tail fin may not be caught for industrial purposes other than human consumption. Article 6 (1) shall apply. 4. Notwithstanding paragraph 3, landings of mackerel f o r industrial purposes other than human consumption may consist of up to 20% by weight of undersized mackerel.
Article 9 Fishing for salmon in that part of Region 1 east of 44 ° W and in Regions 2 and 3 shall be prohibited outside the waters situated w i t h i n a limit o f 12 miles, measured from the base lines of the Member States.
Article 10 For the protection of spawning grounds and growing areas, fishing for the following species shall be prohibited in the following areas and periods:
Article 6 1. Undersized fish shall not be retained on board any vessel but shall be returned immediately to the sea and shall not be landed, transported, sold, displayed or offered for sale. 2. Fish shall be regarded as undersized if its size, measured from the tip of the snout to the end of the tail fin, is smaller than the minimum size specified in Annex V I for the various species and regions. 3. Notwithstanding paragraph 1, on any voyage on which any net not complying w i t h Article 2 (1) is carried, not more than 10% by weight of all fish or of any representative sample thereof of at least 100 kg on board, after sorting, in the hold or on landing, may at any times consist of undersized fish as specified in paragraph 2.
Article 7 Article 2 (1) and Article 6 shall not apply to whiting fished by vessels not exceeding 150 bhp east of a line drawn from Hanstholm to
**This provision would be accompanied by the following statement: "The Council notes that the Commission intends to carry out a detailed scientific study of the problem of by-catches in the course of shrimp fishing'.
Environmental Policy and Law, 5 (1979)
- to the south, at latitude 57040 , N and longitude 08020 , W.
1. Redfish (a) northern area from the coast of Greenland at latitude 67°00 N to: latitude 67000 ' N, longitude 30030 ' W latitude 65040 , N, longitude 30030 ' W, latitude 65040 , N, longitude 31 ° 50' W, latitude 65030 , N, longitude 33°10' W, latitude 65 ° 10' N, longitude 34000 ' W, latitude 65010 ' N, longitude 35000 , W, latitude 64045 , N, longitude 35°20 ' W as far as the coast of Greenland at latitude 64035 , N; (b) southern area from the coast of Greenland at latitude 64°20 ' N to: latitude 64 ° 20' N, longitude 36 ° 20' W, latitude 63050 , N, longitude 36050 , W, latitude 63 ° 15' N, longitude 39030 , W, latitude 63045 , N, longitude 39o30 ' W, as far as the coast of Greenland at latitude 63045 , N. 2. Fishing for herring in ICES Division Vl(a) shall be prohibited every year from 15 August to 30 September in the maritime area bounded by a line joining the following points: -- the Butt of Lewis, -- Cape Wrath, - - t o the north, at latitude 58055 ' N and longitude 05000 ' W, -- to the w e s t , a t latitude 58~'55 ' N and Iongi tude 07o10 , W, -- to the south-west, at latitude 58020 , N and longitude 08 ° 20' W, -
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- -
- -
1. The use of vessels which carry out processing operations other than the salting, boiling and shelling of prawns and shrimps, or filleting, freezing and the reduction of offal and unavoidable by-catches taken within the authorized maximum limit shall be prohibited*. 2. Inside an area within 12 miles of the mainland coasts of Belgium, Germany, France, Ireland, the Netherlands, the United Kingdom, and the west coast o f Denmark as far as Hirtshals f y r , measured f r o m the base lines from which the territorial waters are measured, no vessels exceeding 50 GRT or 300 bhp shall trawl for sole or plaice w i t h any beam or other trawl specifically arranged for catching f l a t fish. Nor shall vessels carry such beams or trawls within the aforementioned areas unless these are properly lashed and stowed in such a way that they may not be readily used**. Notwithstanding the first subparagraph, vessels fishing for other species in the area shall not retain on board sole and plaice in an amount exceeding 10% by weight of the entire catch on board.
Article 12 The use of purse seines for herring fishing within the area bounded by latitudes 49 ° and 52°30 ' N and longitudes 5° and 9 ° W (Celtic Sea) shall be prohibited.
Article 13 This Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigation, artificial restock ing or transplantation by vessels authorized by a Member State for that purpose, or to fish caught in the course o f such operations. The Member States concerned shall inform the Commission that authorization for such operations has been granted. Fish caught for the purposes set out in the first subparagraph may not be sold, displayed or offered for sale.
-
-
Article 14
-
-
This Regulation shall enter into force on 1 October 1978. This Regulation shall be binding in its entirety and directly applicable in all Member Sta tes.
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-
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*The adoption of paragraph 1 would be accompanied by the following statement: 'The Council, on a proposal from the Commission, will if necessary supplement this provision to take account of technological developments which may occur in processing on board vessels'. * * T h e adoption of paragraph 2 of Article 11 would be accompanied by the following statement: 'On a proposal by the Commission, the Council will consider in due course whether on the basis of available scientific data the ban on the use of beam trawls should be extended beyond the 12-mile areas'. 47
ANNEX I I I
ANNEX I Minimum mesh size referred to in Article 2 Region
Type of net
Minimum mesh size (in mm) 120
All
1
2 outside North Sea (a)
Any part of any net made of single twine Any part of any net made of double twine
70 76
2 North Sea (a)
Any part of any net made of single twine Any part of any net made of double twine
80 90
3
Any part of any net made of single twine Any part of any net made of double twine
60 65
All
45
(a) For the purpose of the Regulation, the North Sea shall be regarded as being ICES --Division VII (d), ICES Sub-Area IV and the adjoining part of Division II (a) in so far as they are subject to the sovereignty or jurisdiction of a Member State.
Species and areas for which small mesh nets are not authorized 1. Blue whiting, in that part of Region 2 to the south of latitude 52 ° 30' N and west of longitude 7o00 ' W. 2. Bastard sole (Dicologlossa cuneata), in all parts of Region 3 outside a line connecting the following points, where the first sentence of Article 3 (1) applies f o r vessels not exceeding 150 bhp: 46 ° 16' latitude North, 01°36 ' longitude West (Phare des baleines), 46°05 ' latitude North, 01°44 ' longitude West 45°40 ' latitude North, 01 °34' longitude West 44°40 , latitude North, 01°34 ' longitude West, and then due east to the coast. 3. Shrimp and prawn, outside the 12-mile limit measured from the baselines of the territorial waters in Region 3.
ANNEX I V ANNEX I I Species
REGION 1 Polar cod (Boreogadus saida) Capelin (Mallotus villosus) Blue whiting (Micromesistius poutassou) Argentine (Argentina spp) Herring (Clupea harengus) Molluscs Silver pout (Gadiculus thorii) Nephrops (Nephrops) Norway pout (Trisopterus esmarkii) Prawns (Pandalus spp) except as specified below: Prawns in ICNAF Sub-area 1 (offshore) Redfish in ICNAF Division 3P Ctupeoid fish other than herring Eels Great weevers (Trachinus draco) Horse mackerel (Trachurus trachurus) Mackerel (Scomber scombrus) Sandeels (Ammodytidae) Saury (Scomberesox saurus) Shrimps (Crangon spp) Smelts (Osmerus spp) REGION 2 Herring (Clupea harengus) Mackerel (Scomber scombrus) Horse mackerel (Trachurus trachurus) Sprat (Clupea sprattus) Norway pout (Trisopterus esmarkii) Blue whiting (Micromesistius poutassou) Argentine (Argentina spp) Prawns (Pandalus spp) Shrimps (Crangon spp) except as specified below: Shrimps within 12 miles of the mainland coast of the Member States Eels (adults) Great weevers (Trachinus draco) Molluscs Sandeels (Ammodytidae) except as specified below: Sandeels in ICES Sub-area IV in the period between 1 November and the last day of February inclusive Capelin (Mallotus villosus)
48
Uin. mesh size (mm}
16 16 16 16 16 16 16 16 16
Saury (Scomberesox saurus) Smelts (Osmerus spp)
16 16
REGION 3 Bastard sole (Dicologlossa cuneata) Sardine (Sardina pilchardus) Prawns (Pandalus spp} Shrimps (Crangon spp) Eels (adults) Sprat (Clupea sprattus) Anchovy (Engraulis encrassicholus) Sandeel (Ammodytidae) Herring (Clupea harengus} Horse mackerel (Trachurus trachurus) Mackerel (Scomber scombrus)
40 20 20 20 20 16 16 16 40 40 40
Method of measuring mesh sizes The minimum mesh size shall be such that when the mesh is stretched diagonally lengthwise of the net a flat gauge 2 mm thick of the appropriate width passes through it easily when the net is wet. The mesh size of a net shall be determined by the average of the measurements of any series of 20 consecutive meshes, at least 10 meshes from the lacings, measured in the codend of the net beginning at the aft end and running parallel to the long axis.
ANNEX V Provisions referred to in Article 5 (2) 1. Any canvas, netting, or other material attached to the underside of the cod-end of
ANNEX VI Minimum fish size (cm) referred to in Article 6
40 none none none none none none none none none none
That part of Region 1 inside ICES sub-areas I I , V, X l l a n d X l V
Region 2
Region 3
34 (a) 31 30 25 28 25 24 30 30 25 23 15 35
30 27 30 25 28 25 24 3O 30 25 23 16 30 (b)
30 27 30 25 28 25 24 30 30 25 23 15 30
none
Cod (Gadus morhua) Haddock (Melanogrammis aeglefinus) Hake (Merluccius merluccius) Plaice (Pleuronectes platesse) Witch (Glyptocephalus cynoglossus) Lemon sole (Microstomus kitt) Sole (Solea solea) Turbot (Scophthalmus maximus) Brill (Scophthatmus rhombus) Megrim (Lepidorhombus spp} Whiting (Merlangius merlangus) Dab (Limanda limanda) Saithe (Pollachius virens) Common sea bream (Pagellus cantabrichus) Red mullet (Mutlus surmuletus) Bass (Dicentrarchus labrax) Conger eel (Conger conger) Pollack (Pollachius pollachius) Ling (Molva molva) Shad (Alosa spp) Sturgeon (Acipenser sturio) Grey mullet (Mugil spp) Salmon (Salmo salar) Trout (Salmo trutta)
16 16
(a) The minimum size in sub-area ICNAF 1 shall be 40 cm. (b) Except landings of saithe caught in the area east of a line drawn from Hanstholm to Lindesnes.
16 16 16 16 16 16 16 16
none 16 16 16
12 15 25 58 22 63 30 145 20 48 23
E n v i r o n m e n t a l Policy a n d L a w , 5 (1979)
a trawl net for the purpose of preventing wear or tear, fastened to the cod-end only along the forward and lateral edges of the device. 2+ A strengthening bag made of heavier material than the cod-end and having a minimum mesh size of 80 mm, attached to trawl nets with meshes of dimensions smaller than those specified in Annex I. 3. Notwithstanding paragraph 2, a chafer or a cover made of a piece of netting consisting of the same material as the cod-end, having in all its parts a mesh twice the mesh size of the cod-and and fastened to the cod-end along the forward, lateral and rear edges only of the netting in such a way that each mesh of the netting coincides with f o u r meshes o f the cod end, may be attached to trawl nets with meshes of dimensions smaller than those specified in Annex I in Regions 2 and 3 and t o all trawl nets on Region 1.
A N N E X VII
Article 3
Conditions referred to in Article '3 (3) In the case o f a trawl or of a Danish seine, the cod-end should be dismantled; in other words, it should no longer be joined to the other components of the trawl. In the case o f a purse seine or gill net, the net may not be on deck but must be stowed dry in a place set aside for this purpose.
PROCEDURES FOR SHIP INSPECTION
(Proposal for a
States, set o u t in paragraph 12 of Resolution A 391 (X) on the procedures for inspecting discharges in accordance with the 1954 Convention f o r the prevention of pollution of the sea by oil (including the amendments adopted in 1962 and 1969), which was adopted on 14 November 1977 by the Assembly of IMCO, in all cases in which they receive information about a flagrant contravention of the abovementioned Convention or an alleged contravention of the Convention. 2. They shall also ensure that, in accordance with the Appendix to the abovementioned resolution, procedures are implemented in the oil-loading terminals located on their territory so that every ship presented f o r loading is subjected to an inspection by the staff of the said oil terminal in respect of the tank-cleaning procedure on its ballast voyage and the consequent retention of residues in its slop tank(s}.
1. On a proposal by the Commission, the Council shall adopt, by a qualified majority, the Decisions necessary for the effective application by the Member States of the resolutions or recommendations that are still to be adopted by IMCO concerning the implementation of international maritime agreements. 2, Within one year following the adoption of this Decision, the Council shall act by a qualified majority on a Commission proposal regarding measures relating to the frequency of and procedures for inspections.
Council Decision)
THE C O U N C I L OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic C o m m u n i t y , and in particular Article 84 (2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, HAS A D O P T E D THIS DECISION:
Article I 1. The Member States shall take all measures necessary to ensure the effective application of the procedures f o r inspecting ships set out in the Annex to resolution A 321 (IX) on the procedures for inspecting ships adopted on 12 November 1975 by the Assembly of the InterGovernmental Maritime Consultative Organization (IMCO) in respect of ships putting into their ports and subject to the provisions of the International Convention of 1960 for the safety of life at sea and the International Convention of 1966 on load lines. 2. However, in matters covered by paragraphs 5, 9, 10 and 22 of the abovementioned Annex, the Member States shall retain a discretionary power in respect of the application of appropriate procedures in particular cases that may arise.
Article 2 1. The Member States shall take all measures necessary to ensure effective application of the procedures to be implemented by port
Environmental Policy and Law, 5 (1979)
Article 4 As soon as possible and by not later than .... the Member States, having consulted the Commission, shall adopt the laws, regulations and administrative provisions necessary for the implementation of this Decision,
Article 5 This Decision is addressed to the Member States.
MIN IMUM CONDITIONS R EQUI R ED OF CERTAIN TANKERS ENTERING OR LEAVING COMMUNITY SEAPORTS (Proposal for a Council Directive) THE C O U N C I L OF THE EUROPEAN COMM U N I T I E S , HAS A D O P T E D THIS DIRECTIVE:
Article I t. Member States shall take all necessary and appropriate measures to ensure that oil, gas and chemical tankers of 1 600 gross registered tons and over, whether fully or partly laden, and including those empty but not yet purged of hazardous gas residues, entering or leaving the seaports of their territory shall, as a minimum: A. in good time before entering: (i) n o t i f y the competent authority of the Member State in which the port is situated of the following information ('notification'): (a) name and call sign of the vessel, (b) nationality of the vessel, {c} length and draught of the vessel,
(d) port of destination, (e) estimated time of arrival at the port of destination or the pilot station, as required by the competent authority, (f) general information on the nature and quantity of cargo, (g) where chemicals are being transported, information on whether or not the vessel is in possession of a certificate verifying that it is a 'new vessel' in the terms of the IMCO code f o r the construction and equipment o f ships carrying dangerous chemicals in bulk, (h) whether or not there are any deficiencies and incidents which will decrease the normal safe manoeuvrability of the ship or which may affect the safety and easy f l o w or traffic, or may constitute a hazard to the marine environment and adjacent areas; (ii) complete truly and accurately a tanker check list as reproduced in the Annex to this Directive, and make it available to the pilot f o r his information, and, if it so requests, to the competent authority, B. while sailing in the territorial waters adjacent to the port of entry or departure: (i) inform the competent authorities of any deficiencies and incidents which will decrease the normal safe manoeuvrability of the ship or which may affect the safety and easy f l o w of traffic, or may constitute a hazard to the marine environment and adjacent areas; (ii) as soon as possible establish ratio-telephone communication w i t h the designated shore stations, preferably on VH F, in partic + ular with the nearest radar station, if available, and maintain such communication; (iii) make use, as far as possible, especially in conditions of restricted visibility, of the services provided by radar stations; (iv) make use of pilots, in accordance with the practice and regulations determined by the competent authority. 2. If the pilot learns from the tanker check list or in some other way that there are any deficiencies which may prejudice the safe navigation of the vessel, he shall immediately report these to the competent authority. 3. Member States may derogate from paragraphs 1 and 2 where the state of the aids to navigation, the local situation or the traffic conditions so require or permit.
Article 2 Any Member State whose competent authorities have been informed, in accordance with Article 1 or in some other way, of facts which involve or increase for another Member State the risk of posing a hazard to certain maritime and coastal zones shall take whatever measures are appropriate to inform the Member State concerned thereof as soon as possible. Article 3 Before 1 July 1979 Member States shall, after consulting the Commission, adopt the laws, regulations and administrative provisions necessary to implement this Directive. They shall inform the Commission and the other Member States of the measures taken as well as of any provisions providing for derogations under Article 1 (3). Article 4 This Directive is addressed to the Member States. 49
ANNEX 3 Criteria for the selection of projects other than those included in Annex 1 In deciding whether and under what circumstances development projects other than those listed in Annex 1 shall require a mandatory impact study and prior consultation of the public, the competent authorities shall consider the following aspects: (1) The environmental sensitivity o f project site The environmental sensitivity of sites should be judged on the basis of - the quality of resources: water, air, soil, landscape, flora, fauna, built-up environment - the relative abundance of resources - t h e variation in the absorption and dissemination capacity - the variation in the production capacity The following site types are in particular to be considered environmentally sensitive: (a) water related resource areas (b) coastal zones (c) forest areas (d) natural reserves and parks (e) areas already classified/or protected under existing legislation (2) Impact o f the project and induced developments during site preparation, construction and operation - emissions • solid, liquid, gaseous emissions • radioactivity - use of natural resources: water, soil, landscape, flora, fauna, built-up - accident risks - visual intrusion
International Convention on the North-West Atlantic Fisheries ( I C N A F ) or parts thereof.
Article 2 * 1. No vessel shall use or t o w any trawl, Danish seine or similar net, gill net or purse seine which has in any part meshes smaller than those specified in Annex 1 for the relevant region and type of net. These provisions shall apply from 1 January 1981 in the North Sea section of Region 2, 2. Mesh sizes smaller than those fixed for these zones in Annex 1 may be used in the North Sea Section of Region 2 as follows: - until 31 December 1978: any part of any net in single twine: 70 mm, any part of any net in double twine: 75 mm, - from 1 January 1979 until 31 December 1980: any part of any net in single twine: 75 ram, any part of any net in double twine: 80 mm. 3. The Council shall, in the light o f the relevant available scientific information, re-examine before 1 November 1978 the mesh dimension fixed in Annex I for regions and types of net and, acting by a qualified majority on a proposal from the Commission, take suitable measures, in particular as regards the mesh dimensions for trawls to be used for catching whiting in the North Sea and the mesh dimensions used for fishing in ICS Divisions Ilia, Via, b and V l l a , b, c, d , e , f, g, h, i (or j), k.
Article 3 CONSERVATION RESOURCES
OF FISHERY
(Proposal submitted by the Commission to the Council on 21 September 1978) THE C O U N C I L OF THE E U R O P E A N C O M M U N I T I E S HAS A D O P T E D T H I S R E G U L A TION:
Article I 1. This Regulation applies to the taking and landing of biological resources arising in all maritime waters under the sovereignty or jurisdiction of the Member States and subjject to C o m m u n i t y fisheries legislation which are situated in the areas defined by Article 1 of the North East Atlantic Fisheries Conven tion of 24 January 1959 and Article 1 of the International Convention for the North-West Atlantic Fisheries o f 8 February 1949. 2. These areas shall be subdivided into four regions, defined as follows: (a). 1 (all waters o f f the coasts of Greenland and St Pierre et Miquelon); (b) 2 (all waters north of 48 ° latitude North except those defined under subparagraph (a)) ; (c) 3 (all waters south of 48 ° latitude North); (d) 4 (all waters off the coast of the French department of Guyana). 3. The regions may be divided according to statistical sub-areas or divisions of the International Council for the Exploration of the Sea (ICES) or sub-areas or divisions of the
1. Vessels may use trawls, Danish seines or similar nets having mesh sizes smaller than those specified in Annex I but no smaller than those specified in Annex II when fishing in certain regions f o r the species listed in Annex II. These provisions do not apply to vessels trawling in certain areas for the species listed in Annex III. 2. In Region 2, no vessel shall use any net having in the cod-end meshes of dimensions between 50 mm and those specified in Annex I for that region, except in waters east of a line drawn f r o m Hanstholm to Lindesnes. 3. Nets used in accordance with paragraph 1 shall not be used for catching other species• If vessels are fishing for certain species, in certain zones, or during certain periods for which the utilization of nets with meshes smaller than those specified in this Regulation is not authorized, such nets must be stowed in accordance with the conditions set out in Annex V I I in order that they may not be readily used.
Article 4 1. Notwithstanding Article 3 (3) and Article 10: -- on any voyage on which only nets not complying with Article 2 (1) are carried, not more than 10% by weight of all fish on board or of any representative sample
*Article 1 would be accompanied by the following statement: 'The Council considers that the phrase "biological resources" refers only to fishery resources at this stage.'
Environmental Policy and Law, 5 (1979)
thereof of at least 100 kg after sorting, in the hold or on landing, may consist of such species of fish as are listed in Annex V l , except salmon and t r o u t , by-catches of which shall be prohibited; however, in the fishery for sandeel with nets of mesh dimensions of less than 16 ram, not more than 10% by weight of the fish, or any part thereof exceeding 100 kg, on board ship at any time or on landing may consist of other species, - catches taken during a voyage by a vessel using both nets complying with Article 2 (1) and others not complying with this paragraph must respect the percentage fixed in the preceding indent as to the quantities taken with nets not complying with Article 2 (1). 2. Paragraph 1 shall apply from 1 January 1981 to prawn and shrimp fishing within a 12-mile limit calculated from Member States' baselines**. 3. Paragraph 1 shall apply from 1 January 1981 to the Kattegat (ICES Division Ilia south of a line drawn from Skagen to Pater Noster lighthouse). In the interval before Article 1 becomes applicable the percentage referred to in this paragraph shall be: -- 20% until 31 December 1978, - 15% f r o m 1 January 1979 to 31 December 1980.
Article 5 1. The appropriate minimum mesh size shall be measured in accordance with Annex IV. 2. No device shall be used on a vessel by means of which the mesh in any part of a fishing net is obstructed or otherwise effectively diminished. This provision does not exclude the use of the devices referred t o in Annex V .
Lindesnes provided that landings thereof do not include o t h e r species of fish listed in Annex VI.
Article 11 Article 8 1. Except in ICES Division Ilia east of a line drawn from Skagen to Pater Noster lighthouse fishing for herring of a size smaller than 20 cm measured from the tip of the snout to the end of the tail fin or catching a number of herring per unit weight greater than a number to be determined shall be prohibited. Article 6 (1) shall apply. 2. Notwithstanding paragraph 1, landings of herring may consist of up to 10% by weight o f herring which are undersized or underweight expressed as a maximum number of herring per unit of weight. 3. Mackerel smaller than 30 cm measured f r o m the tip of the snout to the end of the tail fin may not be caught for industrial purposes other than human consumption. Article 6 (1) shall apply. 4. Notwithstanding paragraph 3, landings of mackerel f o r industrial purposes other than human consumption may consist of up to 20% by weight of undersized mackerel.
Article 9 Fishing for salmon in that part of Region 1 east of 44 ° W and in Regions 2 and 3 shall be prohibited outside the waters situated w i t h i n a limit o f 12 miles, measured from the base lines of the Member States.
Article 10 For the protection of spawning grounds and growing areas, fishing for the following species shall be prohibited in the following areas and periods:
Article 6 1. Undersized fish shall not be retained on board any vessel but shall be returned immediately to the sea and shall not be landed, transported, sold, displayed or offered for sale. 2. Fish shall be regarded as undersized if its size, measured from the tip of the snout to the end of the tail fin, is smaller than the minimum size specified in Annex V I for the various species and regions. 3. Notwithstanding paragraph 1, on any voyage on which any net not complying w i t h Article 2 (1) is carried, not more than 10% by weight of all fish or of any representative sample thereof of at least 100 kg on board, after sorting, in the hold or on landing, may at any times consist of undersized fish as specified in paragraph 2.
Article 7 Article 2 (1) and Article 6 shall not apply to whiting fished by vessels not exceeding 150 bhp east of a line drawn from Hanstholm to
**This provision would be accompanied by the following statement: "The Council notes that the Commission intends to carry out a detailed scientific study of the problem of by-catches in the course of shrimp fishing'.
Environmental Policy and Law, 5 (1979)
- to the south, at latitude 57040 , N and longitude 08020 , W.
1. Redfish (a) northern area from the coast of Greenland at latitude 67°00 N to: latitude 67000 ' N, longitude 30030 ' W latitude 65040 , N, longitude 30030 ' W, latitude 65040 , N, longitude 31 ° 50' W, latitude 65030 , N, longitude 33°10' W, latitude 65 ° 10' N, longitude 34000 ' W, latitude 65010 ' N, longitude 35000 , W, latitude 64045 , N, longitude 35°20 ' W as far as the coast of Greenland at latitude 64035 , N; (b) southern area from the coast of Greenland at latitude 64°20 ' N to: latitude 64 ° 20' N, longitude 36 ° 20' W, latitude 63050 , N, longitude 36050 , W, latitude 63 ° 15' N, longitude 39030 , W, latitude 63045 , N, longitude 39o30 ' W, as far as the coast of Greenland at latitude 63045 , N. 2. Fishing for herring in ICES Division Vl(a) shall be prohibited every year from 15 August to 30 September in the maritime area bounded by a line joining the following points: -- the Butt of Lewis, -- Cape Wrath, - - t o the north, at latitude 58055 ' N and longitude 05000 ' W, -- to the w e s t , a t latitude 58~'55 ' N and Iongi tude 07o10 , W, -- to the south-west, at latitude 58020 , N and longitude 08 ° 20' W, -
- -
- -
- -
1. The use of vessels which carry out processing operations other than the salting, boiling and shelling of prawns and shrimps, or filleting, freezing and the reduction of offal and unavoidable by-catches taken within the authorized maximum limit shall be prohibited*. 2. Inside an area within 12 miles of the mainland coasts of Belgium, Germany, France, Ireland, the Netherlands, the United Kingdom, and the west coast o f Denmark as far as Hirtshals f y r , measured f r o m the base lines from which the territorial waters are measured, no vessels exceeding 50 GRT or 300 bhp shall trawl for sole or plaice w i t h any beam or other trawl specifically arranged for catching f l a t fish. Nor shall vessels carry such beams or trawls within the aforementioned areas unless these are properly lashed and stowed in such a way that they may not be readily used**. Notwithstanding the first subparagraph, vessels fishing for other species in the area shall not retain on board sole and plaice in an amount exceeding 10% by weight of the entire catch on board.
Article 12 The use of purse seines for herring fishing within the area bounded by latitudes 49 ° and 52°30 ' N and longitudes 5° and 9 ° W (Celtic Sea) shall be prohibited.
Article 13 This Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigation, artificial restock ing or transplantation by vessels authorized by a Member State for that purpose, or to fish caught in the course o f such operations. The Member States concerned shall inform the Commission that authorization for such operations has been granted. Fish caught for the purposes set out in the first subparagraph may not be sold, displayed or offered for sale.
-
-
Article 14
-
-
This Regulation shall enter into force on 1 October 1978. This Regulation shall be binding in its entirety and directly applicable in all Member Sta tes.
- -
-
- -
*The adoption of paragraph 1 would be accompanied by the following statement: 'The Council, on a proposal from the Commission, will if necessary supplement this provision to take account of technological developments which may occur in processing on board vessels'. * * T h e adoption of paragraph 2 of Article 11 would be accompanied by the following statement: 'On a proposal by the Commission, the Council will consider in due course whether on the basis of available scientific data the ban on the use of beam trawls should be extended beyond the 12-mile areas'. 47
ANNEX I I I
ANNEX I Minimum mesh size referred to in Article 2 Region
Type of net
Minimum mesh size (in mm) 120
All
1
2 outside North Sea (a)
Any part of any net made of single twine Any part of any net made of double twine
70 76
2 North Sea (a)
Any part of any net made of single twine Any part of any net made of double twine
80 90
3
Any part of any net made of single twine Any part of any net made of double twine
60 65
All
45
(a) For the purpose of the Regulation, the North Sea shall be regarded as being ICES --Division VII (d), ICES Sub-Area IV and the adjoining part of Division II (a) in so far as they are subject to the sovereignty or jurisdiction of a Member State.
Species and areas for which small mesh nets are not authorized 1. Blue whiting, in that part of Region 2 to the south of latitude 52 ° 30' N and west of longitude 7o00 ' W. 2. Bastard sole (Dicologlossa cuneata), in all parts of Region 3 outside a line connecting the following points, where the first sentence of Article 3 (1) applies f o r vessels not exceeding 150 bhp: 46 ° 16' latitude North, 01°36 ' longitude West (Phare des baleines), 46°05 ' latitude North, 01°44 ' longitude West 45°40 ' latitude North, 01 °34' longitude West 44°40 , latitude North, 01°34 ' longitude West, and then due east to the coast. 3. Shrimp and prawn, outside the 12-mile limit measured from the baselines of the territorial waters in Region 3.
ANNEX I V ANNEX I I Species
REGION 1 Polar cod (Boreogadus saida) Capelin (Mallotus villosus) Blue whiting (Micromesistius poutassou) Argentine (Argentina spp) Herring (Clupea harengus) Molluscs Silver pout (Gadiculus thorii) Nephrops (Nephrops) Norway pout (Trisopterus esmarkii) Prawns (Pandalus spp) except as specified below: Prawns in ICNAF Sub-area 1 (offshore) Redfish in ICNAF Division 3P Ctupeoid fish other than herring Eels Great weevers (Trachinus draco) Horse mackerel (Trachurus trachurus) Mackerel (Scomber scombrus) Sandeels (Ammodytidae) Saury (Scomberesox saurus) Shrimps (Crangon spp) Smelts (Osmerus spp) REGION 2 Herring (Clupea harengus) Mackerel (Scomber scombrus) Horse mackerel (Trachurus trachurus) Sprat (Clupea sprattus) Norway pout (Trisopterus esmarkii) Blue whiting (Micromesistius poutassou) Argentine (Argentina spp) Prawns (Pandalus spp) Shrimps (Crangon spp) except as specified below: Shrimps within 12 miles of the mainland coast of the Member States Eels (adults) Great weevers (Trachinus draco) Molluscs Sandeels (Ammodytidae) except as specified below: Sandeels in ICES Sub-area IV in the period between 1 November and the last day of February inclusive Capelin (Mallotus villosus)
48
Uin. mesh size (mm}
16 16 16 16 16 16 16 16 16
Saury (Scomberesox saurus) Smelts (Osmerus spp)
16 16
REGION 3 Bastard sole (Dicologlossa cuneata) Sardine (Sardina pilchardus) Prawns (Pandalus spp} Shrimps (Crangon spp) Eels (adults) Sprat (Clupea sprattus) Anchovy (Engraulis encrassicholus) Sandeel (Ammodytidae) Herring (Clupea harengus} Horse mackerel (Trachurus trachurus) Mackerel (Scomber scombrus)
40 20 20 20 20 16 16 16 40 40 40
Method of measuring mesh sizes The minimum mesh size shall be such that when the mesh is stretched diagonally lengthwise of the net a flat gauge 2 mm thick of the appropriate width passes through it easily when the net is wet. The mesh size of a net shall be determined by the average of the measurements of any series of 20 consecutive meshes, at least 10 meshes from the lacings, measured in the codend of the net beginning at the aft end and running parallel to the long axis.
ANNEX V Provisions referred to in Article 5 (2) 1. Any canvas, netting, or other material attached to the underside of the cod-end of
ANNEX VI Minimum fish size (cm) referred to in Article 6
40 none none none none none none none none none none
That part of Region 1 inside ICES sub-areas I I , V, X l l a n d X l V
Region 2
Region 3
34 (a) 31 30 25 28 25 24 30 30 25 23 15 35
30 27 30 25 28 25 24 3O 30 25 23 16 30 (b)
30 27 30 25 28 25 24 30 30 25 23 15 30
none
Cod (Gadus morhua) Haddock (Melanogrammis aeglefinus) Hake (Merluccius merluccius) Plaice (Pleuronectes platesse) Witch (Glyptocephalus cynoglossus) Lemon sole (Microstomus kitt) Sole (Solea solea) Turbot (Scophthalmus maximus) Brill (Scophthatmus rhombus) Megrim (Lepidorhombus spp} Whiting (Merlangius merlangus) Dab (Limanda limanda) Saithe (Pollachius virens) Common sea bream (Pagellus cantabrichus) Red mullet (Mutlus surmuletus) Bass (Dicentrarchus labrax) Conger eel (Conger conger) Pollack (Pollachius pollachius) Ling (Molva molva) Shad (Alosa spp) Sturgeon (Acipenser sturio) Grey mullet (Mugil spp) Salmon (Salmo salar) Trout (Salmo trutta)
16 16
(a) The minimum size in sub-area ICNAF 1 shall be 40 cm. (b) Except landings of saithe caught in the area east of a line drawn from Hanstholm to Lindesnes.
16 16 16 16 16 16 16 16
none 16 16 16
12 15 25 58 22 63 30 145 20 48 23
E n v i r o n m e n t a l Policy a n d L a w , 5 (1979)
a trawl net for the purpose of preventing wear or tear, fastened to the cod-end only along the forward and lateral edges of the device. 2+ A strengthening bag made of heavier material than the cod-end and having a minimum mesh size of 80 mm, attached to trawl nets with meshes of dimensions smaller than those specified in Annex I. 3. Notwithstanding paragraph 2, a chafer or a cover made of a piece of netting consisting of the same material as the cod-end, having in all its parts a mesh twice the mesh size of the cod-and and fastened to the cod-end along the forward, lateral and rear edges only of the netting in such a way that each mesh of the netting coincides with f o u r meshes o f the cod end, may be attached to trawl nets with meshes of dimensions smaller than those specified in Annex I in Regions 2 and 3 and t o all trawl nets on Region 1.
A N N E X VII
Article 3
Conditions referred to in Article '3 (3) In the case o f a trawl or of a Danish seine, the cod-end should be dismantled; in other words, it should no longer be joined to the other components of the trawl. In the case o f a purse seine or gill net, the net may not be on deck but must be stowed dry in a place set aside for this purpose.
PROCEDURES FOR SHIP INSPECTION
(Proposal for a
States, set o u t in paragraph 12 of Resolution A 391 (X) on the procedures for inspecting discharges in accordance with the 1954 Convention f o r the prevention of pollution of the sea by oil (including the amendments adopted in 1962 and 1969), which was adopted on 14 November 1977 by the Assembly of IMCO, in all cases in which they receive information about a flagrant contravention of the abovementioned Convention or an alleged contravention of the Convention. 2. They shall also ensure that, in accordance with the Appendix to the abovementioned resolution, procedures are implemented in the oil-loading terminals located on their territory so that every ship presented f o r loading is subjected to an inspection by the staff of the said oil terminal in respect of the tank-cleaning procedure on its ballast voyage and the consequent retention of residues in its slop tank(s}.
1. On a proposal by the Commission, the Council shall adopt, by a qualified majority, the Decisions necessary for the effective application by the Member States of the resolutions or recommendations that are still to be adopted by IMCO concerning the implementation of international maritime agreements. 2, Within one year following the adoption of this Decision, the Council shall act by a qualified majority on a Commission proposal regarding measures relating to the frequency of and procedures for inspections.
Council Decision)
THE C O U N C I L OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic C o m m u n i t y , and in particular Article 84 (2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, HAS A D O P T E D THIS DECISION:
Article I 1. The Member States shall take all measures necessary to ensure the effective application of the procedures f o r inspecting ships set out in the Annex to resolution A 321 (IX) on the procedures for inspecting ships adopted on 12 November 1975 by the Assembly of the InterGovernmental Maritime Consultative Organization (IMCO) in respect of ships putting into their ports and subject to the provisions of the International Convention of 1960 for the safety of life at sea and the International Convention of 1966 on load lines. 2. However, in matters covered by paragraphs 5, 9, 10 and 22 of the abovementioned Annex, the Member States shall retain a discretionary power in respect of the application of appropriate procedures in particular cases that may arise.
Article 2 1. The Member States shall take all measures necessary to ensure effective application of the procedures to be implemented by port
Environmental Policy and Law, 5 (1979)
Article 4 As soon as possible and by not later than .... the Member States, having consulted the Commission, shall adopt the laws, regulations and administrative provisions necessary for the implementation of this Decision,
Article 5 This Decision is addressed to the Member States.
MIN IMUM CONDITIONS R EQUI R ED OF CERTAIN TANKERS ENTERING OR LEAVING COMMUNITY SEAPORTS (Proposal for a Council Directive) THE C O U N C I L OF THE EUROPEAN COMM U N I T I E S , HAS A D O P T E D THIS DIRECTIVE:
Article I t. Member States shall take all necessary and appropriate measures to ensure that oil, gas and chemical tankers of 1 600 gross registered tons and over, whether fully or partly laden, and including those empty but not yet purged of hazardous gas residues, entering or leaving the seaports of their territory shall, as a minimum: A. in good time before entering: (i) n o t i f y the competent authority of the Member State in which the port is situated of the following information ('notification'): (a) name and call sign of the vessel, (b) nationality of the vessel, {c} length and draught of the vessel,
(d) port of destination, (e) estimated time of arrival at the port of destination or the pilot station, as required by the competent authority, (f) general information on the nature and quantity of cargo, (g) where chemicals are being transported, information on whether or not the vessel is in possession of a certificate verifying that it is a 'new vessel' in the terms of the IMCO code f o r the construction and equipment o f ships carrying dangerous chemicals in bulk, (h) whether or not there are any deficiencies and incidents which will decrease the normal safe manoeuvrability of the ship or which may affect the safety and easy f l o w or traffic, or may constitute a hazard to the marine environment and adjacent areas; (ii) complete truly and accurately a tanker check list as reproduced in the Annex to this Directive, and make it available to the pilot f o r his information, and, if it so requests, to the competent authority, B. while sailing in the territorial waters adjacent to the port of entry or departure: (i) inform the competent authorities of any deficiencies and incidents which will decrease the normal safe manoeuvrability of the ship or which may affect the safety and easy f l o w of traffic, or may constitute a hazard to the marine environment and adjacent areas; (ii) as soon as possible establish ratio-telephone communication w i t h the designated shore stations, preferably on VH F, in partic + ular with the nearest radar station, if available, and maintain such communication; (iii) make use, as far as possible, especially in conditions of restricted visibility, of the services provided by radar stations; (iv) make use of pilots, in accordance with the practice and regulations determined by the competent authority. 2. If the pilot learns from the tanker check list or in some other way that there are any deficiencies which may prejudice the safe navigation of the vessel, he shall immediately report these to the competent authority. 3. Member States may derogate from paragraphs 1 and 2 where the state of the aids to navigation, the local situation or the traffic conditions so require or permit.
Article 2 Any Member State whose competent authorities have been informed, in accordance with Article 1 or in some other way, of facts which involve or increase for another Member State the risk of posing a hazard to certain maritime and coastal zones shall take whatever measures are appropriate to inform the Member State concerned thereof as soon as possible. Article 3 Before 1 July 1979 Member States shall, after consulting the Commission, adopt the laws, regulations and administrative provisions necessary to implement this Directive. They shall inform the Commission and the other Member States of the measures taken as well as of any provisions providing for derogations under Article 1 (3). Article 4 This Directive is addressed to the Member States. 49