Committee Reports > List of Committees > Joint > 1978 > Committee on the Secondary Legislation of the European Communities > Report No. 20 - Statutory Instruments [53]

APPENDIX V

Sea Fisheries (Conservation and Rational Exploitation) (Nos. 5, 6, 7, 8 and 9) Orders, 1977 [S.I. Nos. 259, 260, 312, 402 and 403 of 1977]

An Rúnaí,

An Roinn Iascaigh.

I am directed by Mr. Mark Clinton, T.D., Chairman of the Joint Committee on the Secondary Legislation of the European Communities, to refer to the Sea Fisheries (Conservation and Rational Exploitation) (Nos. 5, 6, 7, 8 and 9) Orders, 1977 [S.I. Nos. 259, 260, 312, 402 and 403 of 1977].

I am to request you to furnish for the information of the Joint Committee a memorandum explaining (a) why it was considered necessary to ban fishing for herring in the specified areas as defined by Orders Nos. 5 and 6 with effect from 4th August, 1977 in view of the fact that the ban would appear to have been in operation from 27th July, 1977 by virtue of Council Regulation (EEC) No. 1672/77, (b) why it was necessary to make Order No. 8 on 30th December, 1977 in view of the fact that Council Regulation (EEC) No. 2899/77 was to come into operation on 1st January, 1978 and (c) to what extent the making of Orders Nos. 7 and 9 was necessitated by the provisions of Council Regulation (EEC) No. 1779/77 as extended by Council Regulation (EEC) No. 2899/77.

Cléireach an Chomhchoiste.

19 Eanáir, 1978.

Cléireach an Chomhchoiste

faoi Reachtaíocht Thánaisteach na

gComhphobal Eorpach.

With reference to your minute of 19 Eanáir, 1978 No. EC4/55, about the Sea Fisheries (Conservation and Rational Exploitation) (Nos. 5, 6, 7, 8 and 9) Orders, 1977 (S.I. Nos. 259, 260, 312, 402 and 403 of 1977), I enclose a memorandum setting out the position in each case for the information of the Joint Committee.

31 Márta, 1978.

Prohibitions on herring fishing in 1977.

1. Sea Fisheries (Conservation and Rational Exploitation) (Nos. 5 and 6) Orders, 1977.

The provisions of these Orders were directed solely to the implementation of Article 3 (in the case of the No. 6 Order) and Article 4 (in the case of the No. 5 Order) of Council Regulation (EEC) No. 1672/77 of 25 July, 1977. It must be emphasised that while all EEC Council Regulations are directly applicable in each Member State, it is necessary in certain cases to supplement these in national legislation in the interest of their effective enforcement. Furthermore, Article 7 of Regulation 1672/77 expressly contemplates the taking by Member States of such further steps as are necessary to ensure compliance with its provisions. This is a common provision of Council Regulations generally but it must be regarded as having particular significance in Regulation 1672/77 in view of the articles of that Regulation which, with reference to fishing for herring, provide that “direct fishing for herring shall be prohibited .....”. The provisions of the two Orders are largely devoted to measures which are designed to facilitate the enforcement of the prohibitions on fishing for herring to which Articles 4 and 5 of Regulation 1672/77 refer. Thus clause 4 of the No. 5 Order and clause 4 of the No. 6 Order are concerned in effect, with preventing evasion of the prohibition on herring fishing in cases in which such fishing within the prohibited area cannot be positively proved.

2. Sea Fisheries (Conservation and Rational Exploitation) (No. 8) Order, 1977

The prohibition on herring fishing provided for in Article 3 of 1672/77 as implemented by the Sea Fisheries (Conservation and Rational Exploitation) (No. 6) Order, 1977, expired on 31 December, 1977. The No. 6 Order therefore ceased to have effect on the same date. This prohibition was however extended to 31 January, 1978 by Council Regulation (EEC) No. 2899/77 and for the same reasons at 1 above, it was necessary to make the No. 8 Order to also extend the application of the No. 6 Order to 31 January, 1978.

3. Sea Fisheries (Conservation and Rational Exploitation) (Nos. 7 and 9) Orders, 1977

Article 2 of Council Regulation (EEC) No. 1779/77 prescribed a quota of 1,000 tonnes for herring fishing by Irish fishermen in the Irish Sea in respect of 1977. In accordance with Article 4 of the same Regulation, the Sea Fisheries (Conservation and Rational Exploitation) (No. 7) Order, 1977 prohibited fishing for herring by our fishermen in the Irish Sea with effect from 7 October, 1977 and up to 31 December, 1977. At the time of the making of the No. 7 Order, the Irish Sea herring quota for Ireland was practically exhausted and to permit our fishermen to continue fishing in the area would have resulted in the EEC quota being exceeded.

The period of validity of Regulation 1779/77 was extended to 31 January 1978, again by Regulation 2899/77. Consequently it was necessary to extend the application of the No. 7 Order and this was effected by the Sea Fisheries (Conservation and Rational Exploitation) (No. 9) Order, 1977.

Note: Council Regulation (EEC) No. 2899/77 was made as a result of the decision by the Council of Fisheries Ministers on 5-7 December, 1977 to extend all Community rules on fisheries which had applied up to the end of 1977, up to 31 January, 1978.