TED Case Studies

EC Driftnet Ban

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     CASE NUMBER:        266
     CASE MNEMONIC:      DRIFTEC
     CASE NAME:          Driftnet Fishing in Europe

A.   IDENTIFICATION 

1.   The [ssue 

     A year after the United Nations banned the use of giant
fishing nets on the high seas, UN officials have stated that
nations have apparently ended the practice in most areas of the
world's oceans. The trend toward ending the practice began in 1991
with Japan, followed by South Korea and Taiwan, which agreed to
stop deploying their 30- to 40-mile-long driftnets in the Pacific
Ocean. Italian fishing vessels are reportedly still routinely using
6- to 7-mile long driftnets in the Mediterranean Sea, defying not
only the General Assembly's global moratorium but also the
regulations of the European Union, as the 12-nation European
Community is now known.

2.        Description: 

     Although the U.N.'s moratorium carries no penalty, it is aimed
at inspiring national regulations that do. European Union
regulations regarding driftnet fishing do require European Union
members to refrain from all driftnet fishing within the territorial
waters of the 12 EU states. Nonetheless, the censuring of an EU
member states fishing fleet requires either a unanimous vote of
censure by the Commission and Council of Ministers or a prolonged
legal battle within the Union's European Court of Justice.  Thus
far, no cases involving illegal driftnet activities have been
brought before either the Commission or the Court. Furthermore, in
addition to known European driftnet violations, there is a concern
that illegally large driftnets may still be in use in the South
Atlantic and Indian Oceans, where there is less scrutiny, and that
some vessels have been reflagged to avoid national regulations. 

     The international driftnet standard, adopted by the European
Union, among others, forbids the use of driftnets that are more
than 2.5 miles long on the high seas. Recently, in a move applauded
tBy environmentalists and coastal fishing groups, European Union
fisheries officials in Brussels ordered French vessels to stop
using driftnets that exceed the limit in the northeast Atlantic.
The French albacore tuna fleet had been given special permission to
use nets as long as 3 miles over a two-year conversion period, an
action that provoked demonstrations by Spanish fishermen, who
complained that their livelihoods were at risk.

     In this instance the French had argued for an extension of the
exemption, saying that the larger nets posed no environmental
hazard. The Government of France's request for an extension
effectively provides the French fishing fleet with a one to two
year grace period while the Union's Commission prepares its
findings for the Council of Ministers. While the use of exemptions
by Member states in enforcing EU directives and regulations is
encouraged in instances where one sector of the economy will be
unfairly effected by a Union policy, this French exemption is
nothing more than the circumvention of an environmentally sound
policy by an arrogant French government fearful of provoking the
politically vocal French fishing fleet during an election year. 

     The fine-meshed plastic nets, which usually extend 30 feet
under water, tend to entangle and fatally injure all marine life in
their path, including whales, porpoises, seals and other marine
mammals, most of which are protected by international agreements.
They also sweep up a disproportionate number of fish and their
young, leaving fewer fish for fishermen using conventional
equipment, and, many experts say, ultimately depleting entire
stocks. 

     The Italian Mediterranean fleet, which consists of more than
700 vessels, has been using driftnets to snare swordfish and tuna
in both territorial and international waters. According to figures
supplied last April by the Italian Merchant Marine Ministry, only
18 percent of the 1990 and 1991 catch was swordfish -- the rest
consisted of as many as 85 other species of marine creatures that
were discarded. The Italian driftnet fleet continues to
indiscriminately threaten a wide range of species in the
Mediterranean. The environmental group Greenpeace continues to
provide lhe United Nations with videotapes and other evidence of
Mediterranean violations of the ban. The group told diplomats that
the Italian fleet sets about 4,500 miles of driftnets each night
during the fishing season -- enough to span the entire length of
the Mediterranean twice. 

     Italian fishing practices have begun to have profound impacts
upon the commercial fishing fleets of Spain, Portugal and Greece.
As three of the European Union's less developed Member states, each
of these nation's economies are heavily dependent upon the
commercial catches of their fishing fleets. As the Italian fishing
fleet has indiscriminately discarded 85 percent of their
non-swordfish and tuna catches, the Spanish, Greek and Portuguese
fleets have been plagued by dwindling catches of squid, sardines,
etc., that have largely been attributed to the driftnets deployed
by the Italian fishing fleets. In fact, it has been determined that
if the Italian fleets are permitted to continue their damaging
fishing practices, the reduced catches in Spain, Greece and
Portugal will result in reductions in their fishing fleets as catch
yields continue to dwindle.

     While each of the effected nations intends to pursue EU
sanctions against Italian driftnet fishing over the course of the
next several months, the prolonged Community legal battle that is
sure to enstle will only serve to prolong the Italian fleets
ability to deploy driftnets until a legal verdict is rendered. 

3.   Related Cases 

     GILLNET case
     DRIFTJAP case
     TEDS case
     LOBSTER case
     DONUT case
     SHRIMP case

     Keyword Clusters
     (1): Trade Product                 = FISH
     (2): Bio-geography                 = OCEAN
     (3): Environmental Problem         = Species Loss Sea [SPLS]

4.   Draft Author: Christopher C. Ashe

B.   LEGAL FILTERS

5.   Discourse and Status: DISagree and ALLEGation

     Spanish, Portuguese and Greek fishing fleets are in the
process of drafting a legal challenge to the continued use of
driftnets by the Italian fishing fleet. The case is certain to
impact upon the French Government's exemption of its fishing fleet
to continue to deploy driftnets pending the conclusion of a
scientific study aimed at determining the damage that driftnet
fishing causes to the environment. 

6.   Forum and Scope: EURCOM and REGIONal

     European Union (Commission, Council of Ministers, Parliament,
Court of Justice) and EU Member Governments (National Legislatures)

7.   Decision Breadth: 15 

     While the legal battle over driftnet fishing within the
European Union will most likely take the form of a united Greek,
Portuguese and Spanish challenge of the Italian Government, the
Union's requirement that decisions be made either unanimously or
via a qualified majority system of voting will almost guarantee
that other nation's that either encourage or permit the use of
driftnets (France) will weigh in their opinions with those Member
states that oppose the practice (Ireland, the UK, Belgium, the
Netherlands, Germany and Luxembourg). Any decision rendered will
automatically become law in all twelve Member states as well as the
EFTA members that are party to the enlarged European Economic Area,
for a total of 15 effected nations. 

8.   Legal Standing:  TREATY


Treaty on European Union (Maastricht Treaty) and Community Fishing
License Regime.  COUNCIL REGULATION (EEC, No 345/92 of 27 January
1992) amends, for the eleventh time, Regulation (EEC) No 3094/86
providing for certain technical measures for the conservation of
fishery resources.  The Council Regulation is included in Appendix
A and the U.N. declaration in Appendix B.

C.   GEOGRAPHIC FILTERS

9.   Geography 

     a.   Geographic Domain   :    EUROPE    
     b.   Geographic Site     :    MEDITerannean
     c.   Geographic Impact   :    ITALY

10.  Sub-National Factors: NO

11.  Type of Habitat:  OCEAN

D.   TRADE FILTERS

12.  Type of Measure: Regulatory Standard [REGSTD]

     The measure would limit the use of driftnets by European Union
fishing vessels to no more that 2.5km if they remain attached to
the ship deploying the nets, and at all times visible to the crew
to prevent the entrapment of endangered or threatened sealife and
mammals). 

13. Direct vs. Indirect: DIRect 

14.  Relations of Measure to Impact 

     a.   Directly Related    :    YES  FISH
     b.   Indirectly Related  :    NO
     c.   Not Related:        :    NO
     d.   Process Related     :    YES  Species Loss Sea [SPLS]

15.   Trade Product Identification: FISH

16.  Economic Data 

     Each of the Member states involved in this case have reported
the following revenues for their respective fishing fleets for
1992, the last year for which data is available. 

                           Table 266-1
                  Fishing Fleet Revenues, 1992
                       Billions of Dollars

     Spain:         $1.O
     Portugal:      $6.5
     Greece:        $8.6
     Italy:         13.6
     France: $9.2B

     The following employment figures, although gathered from a
variety of sources, accurately reflects the number of individuals
directly and indirectly employed in the fishing fleets (as well as
ancillary fishing services such as shipbuilders, canning
facilities, etc.) of each nation for 1992.

                           Table 266-2
                 Fishing Fleet Employment, 1992
                     Millions of Employees 

     Spain:         4.0
     Portugal:      1.6
     Greece:        2.1
     Italy:         6.2
     France:        3.5  

17.  Impact of Trade Restrictions: LOW

     It is difficult to ascertain the effects of the elimination of
driftnet methods in Italy (and later France) due to the ability of
the fishing fleets to resort to conventional fishing techniques.
Nonetheless, the continued use of driftnets will almost certainly
reduce the long-term catch of liurope's fishing fleets. Hence, the
continued use of driftnets will maintain the short-term employment
of French and Italian fisherman, while concurrently reducing the
fishing fleets and revenues of Spanish, Portuguese and Greek
fleets. In the long-run, though, continued driftnet fishing will
have negative effects upon ALL of Europe's fishing fleets as over
fishing leads to the destruction of the oceans ecosystems. 

18.  Industry Sector: FOOD

19.  Exporter and Importer:  ITALY and MANY

E.   ENVIRONMENT FILTERS

20.  Environment Problem Type: Species Loss-Sea (SPLS)

21.  Name and Number of Species

     Name:          MANY
     Type:          MANY
     Diversity:     MANY

     Species include whales, dolphins, seals, turtles, swordfish,
and tuna.

22.  Impact and Effect:  Medium and SCALE

23   Urgency and Lifetime: LOW and 5-10 years

24.  Substitutes: Conservation [CONSV]

F.   OTHER FACTORS

25.  Culture: YES

     Individuals have fished in Spain, Portugal, Greece, Italy and
France for over a thousand years. It is a way of life for large
portions of each respective nation's population. The reductions in
fishing yields that driftnets have caused has put immensc strain on
the socio-economic and cultural framework of millions of fisherman
throughout Southern Europe. 

26.  Human Rights: NO

27.  Trans-Boundary Issues: YES 

     The members of the European Union which are seeing their
fishing grounds depleted by other European Union members (Ireland,
the UK, Belgium, the Netherlands, Denmark, Ireland, Portugal, Spain
and Greece vs. Italy and France). 

28.       Relevant Literature

Azocar, Pablo and Kock, Eddie. "Industrial Fishing Plunders the
Seas." Inter Press Service. July lS, 1993. 

"EC: Parliament Approves License Regime for Fisheries Sector."
Agence Europe (Sourcc: Reuters Textline), December 22, 1993. 

"EP Debates Spanish, Portuguese Fishing Licenses. " The Reuter
European Community Report. December 22, 1993. 

"Fishing Issue May Go to European Court." The Irish Times. December
20, 1993, pg. 2. 

Hoch, David and Mayer, Don. "International Environmental Protection
and the GATT: l he Tuna/Dolphin Controversy; Special Issue on Legal
Issues Affecting International Business." American Business Law
Journal. September, 1993, pg. 87. 

"Ministers to Fix 1994 Catch Quotas, Spanish Terms. The Reuter
European Community Report. December 18, 1993, Saturday, BC cycle. 

Annex 1: Relevant EC Driftnet Legislation
Commission of the European Communities
PUBLICATION DATE: February 18, 1992
1992 OJ L 42
DOCUMENT DATE: January 27, 1992

TITLE: COUNCIL REGULATION (EEC) No 34S/92 of 27 January 1992
amending for the eleventh time Regulation (EEC) No 3094/86 laying
down certain technical measures for the conservation of fishery
resources 

AUTHOR: COUNCIL
TYPE: REGULATION
KEYWORDS: FISHERIES POLICY

BODY: COUNCIL REGULATION (EEC) No 345/92 of 27 January 1992
amending for the eleventh time Regulation (EEC) No 3094/86 laying
down certain technical measures for the conservation of fishery
resources 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the
Treaty establishing the European Economic Community 

Having regard to Council Regulation (EEC) No 170/83 of 25 January
1983 establishing a Community system for the conservation and
management of fishery resources (1), as amended by the Act of
Accession of Spain and Portugal, and in particular Article I I
thereof, 

Having regard to the proposal from the Commission, Having regard to
the opinion of the European Parliament,

Whereas Article 2 of Regulation (EEC) No 170/83 provides that the
conservation measures necessary to achieve the aims set out in
Article I thereof are to be formulated in the light of the
available scientific advice; 

Whereas Regulation (EEC) No 3094/86 (2), as last amended by
Regulation (EEC) No 3500/91 (3), lays down certain technical
measures for the catching and landing of fisheries resources; 

Whereas many fish stocks in Community waters are in a disturbing
situation which requires conservation measures appropriate to the
circumstances in order to safeguard the economic sector which
depends on these fishery resources, whilsttaking into account the
already precarious situation of that sector; 

Whereas developments in gear technology have had the consequence
that the selectivity of trawls, Danish seines and similar towed
nets is less than that on which the technical measures laid down in
Regulation (EEC) No 3094/86, are based; whereas, in consequence, it
is necessary to lay down certain technical specifications for such
gear in order to ensure that their selectivity corresponds to that
on which the aforementioned technical measures for conservation are
based; 

Whereas there is a need to clarify the rules governing minimum
sizes where several methods are allowed for measuring the required
sizes; 

Whereas measures for protecting juveniles and immature fish should
not only be known and implemented in the trade but should be
disseminated as widely as possible to the public; 

Whereas that information is essential if it is intended to avoid
secret and illicit trade and consumption; whereas such information
enables better compliance of the rules to be enforced; 

Whereas compliance with the rules governing minimum sizes should
not involve fishermen in needless complications; 

Whereas mackerel and anchovies meeting the minimum-size
requirements are too large for use as live bait; whereas therefore,
it is appropriate to allow fish of smaller sizes to be kept on
board for use as live bait; 

Whereas discards currently account for unacceptable wastage on a
large scale; whereas a ban on fishing using insufficiently
selective techniques or practiced in areas where juveniles are
concentrated, together with increases in mesh sizes and the
prohibition of gear conducive to discarding, constitute a first
step towards the final elimination of practices which are
incompatible with conservation and the proper use of resources;
whereas it is necessary to introduce a coherent system of
management and exploitation which reduces discards to a minimum; 

Whereas particular attention should be paid to industrial fishing,
which is an activity of economic importance to the Community, with
regard to its impact on fishery resources; whereas the Community
rules should be adapted to allow better management of this activity
and its impact on other fisheries; Whereas industrial fishing is a
continuous activity and, accordingly, the conditions governing it
should also be stable; 

Whereas in the light of the latest scientific advice it is
necessary to set seasonal restrictions in certain zones off the
Spanish and Portuguese coasts so as to limit catches of juvenile
hake;

Annex I shall be replaced by Annex I to this Regulation; 11. in
Annex II the figures for whiting (Merlangius merlangus) for Region
2 except Skagerrak and Kattegat and Region 3 shall be replaced by
the specifications in Annex III regarding horse mackerel
(Trachurus) and (Trachurus picturatus), mackerel (Scomber
scombrus), Spanish mackerel (Scomber japonicus), anchovy (Engraulis
encrasicholus), and scallop (Pecten maximus) shall be replaced by
the specifications in Annex ll hereto. 

Article 2

This Regulation shall enter into force on 1 June 1992. 

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

Done at Brussels, 27 January 1992. 

For the Council
The President
Arlindo MARQUES CUNHA
14
                           Appendix B
                         UN Declaration

Whereas on 22 December 1989 the General Assembly of thc United
Nations adopted Resolution 44/225 on large-scale pelagic driftnet
fishing and its impact on the living marine resources of the
world's oceans and seas; 

Whereas the use of such nets has been the subject of discussions
and resolutions in various international fora; 

Whereas by Decision 82/72/EEC (4) the Council approved the
Convention on the conservation of European wildlife and natural
habitats (Berne Convention); 

Whereas the Community has signed the United Nations Convention on
the Law of the Sea which requires all the members of the
international community to cooperate in the conservation and
management of the living resources of the high seas; 

Whereas the uncontrolled expansion and growth of driftnetting may
entail serious disadvantages in terms of increased fishing effort
and increased by-catches of species other than the target species;
whereas it is therefore desirable to regulate fishing with
driftnets; 

Considering the interest aroused at international level and the
concern expressed by ecological organizations and many fishermen,
including those of the Community, with regard to the use of
driftnets; 

Whereas provision should be made for phascs of adjustment for
fishermen who are economically dependent on the use of driftnets,
whilst limiting and analyzing the ecological impact of
corresponding fishing; 

Whereas decisions relating to driftnets should be capable of
adjustment, where effective conservation and management measures
are adopted on the basis of reliable statistical analyses; 

Whereas management measures concerning fishing in the Baltic Sea
should he adopted within the International Baltic Sea Fishery
Commission; 

Whereas it is necessary to provide more time in order that measures
submitted pursuant to Article 13 of Regulation (EEC) No 3094/86 may
be technically examined; 

Whereas the adjustment of technical measures applicable in the
Skagerrak and Kattegat must be made in consultation with Norway and
Sweden; 

Whereas a balance needs to be struck between adjusting technical
conservation measures to the diversity of the fisheries and the
need for homogeneous rules which are easier to apply; 

Whereas the rules governing some fisheries are obsolete and should
be updated; 

Whereas some fisheries using small mesh sizes make by-catches of
juveniles of species which should be given special attention;
whereas increasing mesh sizes in these fisheries would afford
greater protection to the said species; 

Whereby producers organizations, Member States and the Community
itself should make the necessary effort to provide information to
that end and to contribut.e to a positive and practical promotion
campaign, likely to persuade all sectors to accept the proposed
measures favorably and implement them in an appropriate fashion; 

Whereas, taking account of the latest scientific advice, the
definition of fishing for sole should be retained for large
vessels; 

Whereas with the present standard mesh size large quantities of
fish less than the minimum landing size are caught and discarded in
Regions l and 2; whereas these catches represent a waste of
resources; and could be reduced by increasing the standard mesh
size to l00 mm in Region 2, except in the Skagerrak and Kattegat
where fishery rules are decided in consultation with Norway and
Sweden; whereas such consultation on this measure has not yet taken
place; 

Whereas extensive trials have shown that the use of square mesh
panels ahead of and above the cod-end can play a significant part
in reducing the capture of undersize fish; 

Whereas such measures would increase the abundance of whiting;
whereas the latest scientific advice indicates that whiting is a
major predator of other species of fish used for human consumption
and that an increase in the abundance of whiting could therefore
have a negative impact on these other species; whereas, therefore,
measures should be implemented to limit preying by whiting; 

Whereas the minimum landing size for certain species should be
increased; whereas minimum landing sizes should be introduced for
other species to ensure better conservation of fishery resources, 

HAS ADOPTED THTS REGULATION: 

Article I

Regulation (EEC) No 3 94/86 is hereby amended as follows: 

1.   The following paragraph shall be added to Article 2:11.  It
shall be prohibit.ed to have on board or to use any trawl, Danish
seine or similar towed net of which the minimum mesh size is equal
to or greater than 90 mm having more than 100 meshes in the
circumference at least of the cod-end sensu stricto, excluding the
joinings and selvedges. Any trawl, Danish seine or similar towed
net of which the mesh size is equal to or greater than 100 mm may
be equipped, in the upper part of the cod-end, with a section
(panel or window) of square-meshed netting attached to the joinings
or selvedges, having a mesh size equal to or greater than 90 mm. 

"Square-meshed netting" shall mean netting which is mounted so that
the two AB directions of the meshes forming the panel are in one
direction, parallel to the longitudinal axis of the cod-end and, in
the other direction, at right angles to its longitudinal axis. The
AB direction is the direction parallel to a rectilinear sequence of
mesh bars, each from adjacent meshes.'; 

2. Article 5

(I) shall be replaced by the following: 

1.   A fish, crustacean or mollusk is undersized, if its dimensions
are smaller than the minimum dimensions specified in Annexes II or
III for the relevant species and region or particular geographical
area, if specified. Where more than one method of measuring the
minimum size is provided for, the fish, crustacean or mollusc is
deemed to be of the minimum size if at least one of the dimensions
found is greater than the corresponding minimum dimension.'; 

2.   Article 5 / (2) (b) and (c) shall be replaced by the
following:  The size of Norway lobster and lobsters shall be
measured, as shown in the length of the carapace, parallel to the
mid-line from the back of either eye socket to the distal edgc of
the carapace, as the total length, from the tip of the rostrum to
the rear end of the telson, not including the setae.  Detached
Norway lobster tails shall be measured from the front edge of the
first segment present of the tail to the rear end of the telson,
not including the setae. The tail shall be measured flat and
unstretched.

(c)  The size of edible crabs shall be measured, as shown in Annex
IV: - as the length of the carapace measured along the mid-line
from the interorbital space to the rear edge of the carapace, - as
the maximum width of the carapace measured perpendicular to the
mid-line of the carapace, - as the maximum length of the last two
segments of any of the pincer legs.'; 

4. point (c) of the second subparagraph of Article 5 (3) shall be
replaced by the following: 

'horse mackerel (Trachurus spp.), mackerel (Scomber spp.) and
anchovies (Engraulis encrasicholus) intended for use as live
bait.'; 

5. the following subparagraph shall be added to Article 5 (4):
'Only whole scallops (Pecten spp.) may be landed.'; 

6. the following Article shall be inserted: 

Article 7a
Sprats

1. Trawling for sprat using a mesh size less lhan 32 mm shall be
prohibited all year round in the Skaggerak and Kattegat. 

2. Fishing for sprat shall be prohibited: (a) from I July to 31
October in an area bounded by the following points:

      - the west coast of Denmark at 55030mN, - latitude
     55030mN, longitude 7000mE, - latitude 57000mN, longitude
     7000mE, - the west coast of Denmark at 57000mN; (b) in
     ICES statistical area 39E8, from I January to 31 March
     and from I October to 31 December. For the purpose of
     this Regulation, this ICES area shall be that bounded by
     a line due east from the United Kingdom east coast along
     latitude 55000mN to a point at longitude loOOmW, from
     there due north to a point at latitude 55030mN and from
     there due west to the United Kingdom coast; 

(c) in the inner waters of the Moray Firth west of longitude 3030mW
and in the inner waters of the Firth of Forth west of longitude
3000mW, from 1 January to 31 March and from I October to 31
December.'; 

7. the following paragraphs shall be added to Article 9: 

15. (a) From 1 September to 31 December, it shall be prohibited to
fish with any trawl, Danish seine or similar towed net in the
geographical areas bounded by a line joining the following
coordinates: 

     - the point on the north coast of Spain called Cabo Prior
     (latitude 43034mN, longitude 8019mW), - latitude 43050mN,
     longitude 8019mW, - latitude 43025mN, longitude 9012mW,
     - the point on the west coast of Spain called Cabo
     Villano (latitude 43010mN, longitude 9012mW) . 

(b)  From 1 October to 31 December, it shall be prohibited to fish
with any trawl, Danish seine or similar towed net in the
geographical areas bounded by a line joining the following
coordinates:

     - the point on the west coast of Spain called Cabo
     Corrubedo (latitude 42035mN, longitude 9oOSmW~ - latitude
     42035mN, longitude 9025mW, - latitude 43000mN, longitude
     9030mW, - the point on the west coast of Spain at
     latitude 43000mN. 


(c)  From 1 December to the last day of February in the ensuing
year, it shall be prohibited to fish with any trawl, Danish seine
or similar towed net in the geographical areas bounded by a line
joining the following coordinates:

     - a point on the west coast of Portugal at latitude
     37050mN, - latitude 37050mN, longitude 9003mW, - latitude
     37000mN, longitude 9006mW, - a point on the west coast of
     Portugal at latitude 37000mN. 

16. It shall be prohibited for vessels using purse seines or towed
gear with a mesh size permitted exceptionally for fishing mackerel,
herring and horse mackerel, to carry automatic sorting equipment on
board. Notwithstanding the preceding subparagraph, freezer vessels
shall be authorized to carry automatic sorting equipment on board,
provided that its sole function is commercial grading of all the
fish caught and intended for freezing. Automatic sorting equipment
must be installed in such a way that the catch resulting from the
grading is immediately frozen for marketing and cannot easily be
thrown back into the sea.'; 

8. the following Article shall be inserted: 

Article 9a

1. No vessel may keep on board, or use for fishing, one or more
driftnets whose individual or total length is more than 2,5
kilometers. 

2. A derogation shall be granted until 31 December 1993 to vessels
that have fished for long finned albacore tuna with driftnets in
the north east Atlantic during at least the two years immediately
preceding the entry into forcc of this Regulation. These vessels
shall be entered in a Community register and may use driftnets
whose length may attain 2,5 kilometers, but whose total resulting
length may not exceed 5 kilometers. The headline shall be submerged
at a minimum depth of two meters. 'I his derogation shall expire on
the abovementiotled date, unless the Council, acting by a qualified
majority on a proposal from the Commission, decides to extend it in
the light of scientific evidence showing the absence of any
ecological risk linked thereto. 

3. Throughout the fishing referred to in paragraph 1, the net must,
if it is longer than one kilometer, remain attached to the vessel.
However, within the 12 mile coastal band, a vessel may detach
itself from the net, provided it keeps it under constant
observation. 

4. Notwithstanding Article I (1), this Article shall apply in all
waters, with the exception of the Baltic Sea, the Belts and the
Sound, under the sovereignty or jurisdiction of the Member States
and, outside those waters, to all fishing vessels flying the flag
of a Member State or registered in a Member State.'; 

9. in Article 13 (4) and (5) the expression '10 calendar days'
shall be replaced by '10 working days'.