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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 850/98
of 30 March 1998
for the conservation of fishery resources through technical measures for the protection of juveniles
of marine organisms
(OJ L 125, 27.4.1998, p. 1)
Corrected by:
►C1Corrigendum, OJ L 318, 27.11.1998, p. 63 (850/98)
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COUNCIL REGULATION (EC)No 850/98
of 30 March 1998
for the conservation of fishery resources through technical meas-
ures for the protection of juveniles of marine organisms
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 43 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion from the European Parliament(2),
Having regard to the opinion from the Economic and Social
Committee(3),
(1)Whereas Regulation (EC) No 894/97 (4) constitutes the consol-
idated version of Regulation (EEC) No 3094/86laying downcertain technical measures for the conservation of fisheryresources, which Regulation has been frequently and substantiallyamended;
(2)Whereas experience in the application of Regulation (EEC) No3094/86has brought to light certain deficiencies which result inproblems of application and enforcement and which should berectified, notably by reducing the number of different specifica-tions concerning mesh-sizes, by deleting the concept of protectedspecies and by restricting the number of different mesh-sizes thatmay be kept on board; whereas it is therefore appropriate toreplace Regulation (EC) No 894/97 by a new text with theexception of Articles 11, 18, 19 and 20 thereof;
(3)Whereas it is necessary to define certain principles and proced-ures for establishing technical conservation measures atCommunity level, so that each Member State can manage fishingactivities in the maritime waters under its jurisdiction or sover-eignty;
(4)Whereas a balance needs to be established between adaptingtechnical conservation measures to the diversity of the fisheriesand the need for homogeneous rules which are easy to apply;
(5)Whereas Article 130r(2) of the Treaty establishes the principlethat all Community measures must integrate environmentalprotection requirements notably in the light of the precautionaryprinciple;
(6)Whereas the practice of returning marine organisms to the seashould be reduced as much as possible;
(7)Whereas protection of nursery areas should be provided for,taking into account the specific biological conditions in thevarious zones concerned;
(8)Whereas in Directive 92/43/EEC (5), the Council laid down meas-
ures for conservation of natural habitats and of wildlife andfauna; whereas the list of marine organisms that fall within thescope of this Regulation contains names of species protected bythe requirements of that Directive;
(1) OJ C 292 4.10.1996, p. 1, andOJ C 245 12.8.1997, p. 10.
(2) OJ C 132 28.4.1997, p. 235.
(3) OJ C 30 30.1.1997, p. 26.
(4) OJ L 132 23.5.1997, p. 1.
(5) OJ L 20622.7.1992, p. 7. Directive as amended by the 1994 Act of
Accession.
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(9)Whereas the European Parliament on 25 October 1996adopted
its resolution on the communication from the Commission on theimplementation of technical measures in the common fisheriespolicy;
(10)Whereas to ensure the protection of marine biological resourcesand the balanced exploitation of fishery resources in the interestsof both fishermen and consumers, technical conservation meas-ures should be laid down, specifying inter alia the mesh sizes andcombinations thereof appropriate for the capture of certainspecies and other characteristics of fishing gear, and theminimum sizes of marine organisms, as well as limitations offishing within certain areas and time-periods and with certaingears and equipment;
(11)Whereas, in the light of scientific advice, provisions should belaid down for increases in mesh sizes of towed gears whenfishing for certain species of marine organisms, and provisionsshould be laid down for the mandatory use of square-meshednetting, as this can play a significant role in reducing the captureof juveniles of marine organisms;
(12)Whereas, to avoid the possibility of using ever smaller mesh sizesfor fixed gears, which is resulting in increasing mortality rates forjuveniles of the target species of the fisheries concerned, meshsizes for fixed gears need to be established;
(13)Whereas the species composition of catches and the associatedfishing practices differ between geographical areas; whereasthese differences justify the application of different measures inthose areas;
(14)Whereas the catching of certain species to be transformed intofish-meal or fish-oil may be carried out with small mesh sizes,provided that such catching operations do not have a negativeinfluence on other species;
(15)Whereas minimum sizes need to be applied with respect tospecies that constitute a major proportion of the landings byCommunity fleets and to those species which survive beingreturned to the sea;
(16)Whereas the minimum size of a species should be in accordancewith selectivity of the mesh size applicable to that species;
(17)Whereas the manner in which the size of marine organisms is tobe measured should be defined;
(18)Whereas, in order to protect juvenile herring, specific provisionsregarding the catching and retaining on board of sprat should beadopted;
(19)Whereas, to take into account traditional fishing practice incertain areas, specific provisions regarding the catching andretaining on board of anchovy and tuna should be adopted;
(20)Whereas, in order to ensure control of fishing activities in certainareas by vessels complying with specific conditions, access tosuch areas shall be subject to special fishing permits as referredto in Council Regulation (EC) No 1627/94 of 27 June 1994laying down general provisions concerning special fishingrights(
1);
(21)Whereas the use of purse seines on schools of fish found inassociation with marine mammals may result in the catching andkilling of such mammals; whereas however, when properlyconducted, the use of purse seines is an effective method offishing solely for the desired target species; whereas the encircle-
(1) OJ L 171, 6.7.1994, p. 7.
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ment of marine mammals with purse seines must therefore be
prohibited;
(22)Whereas, in order not to hinder scientific research, artificialrestocking or transplantation, this Regulation should not apply tooperations which may be necessitated by the conduct of suchactivities;
(23)Whereas certain measures, necessary in the context of conserva-tion, are contained in Council Regulation (EEC) No 2930/86of22 September 1986defining characteristics for fishing vessels(
1)
and Council Regulation (EEC) No 2847/93 of 12 October 1993establishing a control system applicable to the common fisheriespolicy (
2), and therefore need not be reiterated;
(24)Whereas, where conservation is seriously threatened, theCommission and Member States should be authorised to takeappropriate provisional measures;
(25)Whereas additional national measures of a strictly local charactermay be maintained or adopted, subject to examination by theCommission of their compatibility with Community law andconformity with the common fisheries policy;
(26)Whereas, where detailed rules on the implementation of thisRegulation may be necessary, such rules should be adopted inaccordance with the procedure laid down in Article 18 of Regula-tion (EEC) No 3760/92 (
3),
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation, laying down technical conservation measures, shall
apply to the taking and landing of fishery resources occurring in themaritime waters under the sovereignty or jurisdiction of the MemberStates and situated in one of the regions specified in Article 2, except asotherwise provided in Articles 26and 33.
TITLE I
DEFINITIONS
Article 2
1. For the purposes of this Regulation, the following definitions of
maritime waters shall apply:
(a)Region 1
All waters which lie to the north and west of a line running from a
point at latitude 48 °N, longitude 18 °W, thence due north to
latitude 60 °N, thence due east to latitude 5 °W, thence due north to
latitude 60 °30/prime1N, thence due east to longitude 4 °W, thence due
north to latitude 64 °N, thence due east to the coast of Norway.
(b)Region 2
All waters situated north of latitude 48 °N, but excluding the waters
in Region 1 and ICES divisions IIIb, IIIc, and IIId.
(1) OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No
3259/94 (OJ L 339, 29.12.1994, p. 11).
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation
(EC) No 686/97 (OJ L 102, 19.4.1997, p. 1).
(3) OJ L 389 31.12.1992, p. 1. Regulation as amended by the 1994 Act of
Accession.
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(c)Region 3
All waters corresponding to ICES sub-areas VIII and IX.
(d)Region 4
All waters corresponding to ICES sub-area X.
(e)Region 5
All waters in that part of the east central Atlantic comprising
divisions 34.1.1, 34.1.2 and 34.1.3 and sub-area 34.2.0 of fishingzone 34 of the CECAF region.
(f)Region 6
All waters off the coasts of the French department of Guyana that
come under the sovereignty or jurisdiction of France.
(g)Region 7
All waters off the coasts of the French departments of Martinique
and Guadeloupe that come under the sovereignty or jurisdiction ofFrance.
(h)Region 8
All waters off the coasts of the French department of Réunion that
come under the sovereignty or jurisdiction of France.
2. The geographical areas designated in this Regulation by the letters
‘ICES'and ‘CECAF'shall be those defined by the International Councilfor the Exploration of the Sea and the Fishery Committee for theEastern Central Atlantic, respectively. They are described, subject toany subsequent amendments, in Commission communications No85/C 335/02 (
1) and No 85/C 347/05 (2).
3. The regions referred to in paragraph 1 may be divided into
geographical areas, in particular on the basis of the definitions referredto in paragraph 2, in accordance with the procedure referred to inArticle 48.
4. Notwithstanding paragraph 2, for the purposes of this Regulation:
— the Kattegat is limited in the north by a line drawn from Skagen
Lighthouse to the lighthouse in Tistlarna, and from there to thenearest point on the Swedish coast, and in the south by a line drawnfrom Hasenøre Head to Gniben Point, from Korshage to Spodsbjerg,and from Gilbjerg Head to the Kullen,
— the Skagerrak is limited in the west by a line drawn form the
lighthouse of Hanstholm to the lighthouse of Lindesnes, and in thesouth by a line drawn form Skagen Lighthouse to the lighthouse ofTistlarna, and from there to the nearest point on the Swedish coast,
— the North Sea shall comprise ICES sub-area IV, the adjacent part of
ICES Division IIa lying south of latitude 64 °N, and that part of
ICES Division IIIa which is not covered by the definition of theSkagerrak given in the second indent.
Article 3
For the purposes of this Regulation:
(a) marine organisms shall mean all marine fish, including anadromous
and catadromous species during their marine life, crustaceans andmolluscs and parts thereof;
(b) mesh size of a towed net shall mean the mesh size of any cod-end
or extension piece found on board a fishing vessel and attached toor suitable for attachment to any towed net. The mesh size shall be
(1) OJ C 335, 24.12.1985, p. 2.
(2) OJ C 347, 31.12.1985, p. 14.
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determined by procedures specified in Regulation (EEC) No 2108/
84 (1). This definition of mesh size shall not be applied to mesh
size of square-meshed netting;
(c) multiple twine netting shall mean netting constructed of two or
more twines, where the twines can be separated between the knotswithout damage to the twine structure;
(d) square-meshed netting shall mean a construction of netting
mounted so that of the two sets of parallel lines formed by the meshbars, one set is parallel to, and the other at right angles to, the longaxis of the net;
(e) mesh size of a square-meshed panel or window shall mean the
largest determinable mesh size of such a panel or window insertedinto a towed net. The mesh size shall be determined by proceduresin Regulation (EEC) No 2108/84;
(f) knotless netting shall mean netting which is composed of meshes
of four sides of approximately equal length in which the corners ofthe meshes are formed by the interweaving of the twines of twoadjacent sides of the mesh;
(g) bottom set gill nets orentangling nets shall mean any fixed gear
made up of a single piece of net, fixed, or capable of being fixed,by any means to the bottom of the sea;
(h) trammel nets shall mean any fixed gear made up of two or more
pieces of net hung jointly in parallel on a single headline, fixed, orcapable of being fixed, by any means to the bottom of the sea.
TITLE II
NETS AND CONDITIONS FOR THEIR USE
CHAPTER I
PROVISIONS FOR TOWED GEARS
Article 4
1. For each of the regions or geographical areas mentioned in
Annexes I to V, and depending where applicable on the time-period, thetarget species for each range of mesh size are as defined in the relevantAnnex.
2. Within each region or geographical area mentioned in Annexes I
to V, the use or carrying on board, during any fishing voyage, of towednets of mesh sizes other than those referred to in the relevant Annexshall be prohibited.
3. (a) For each of the regions or geographical areas mentioned in
Annexes VIII and IX, and depending where applicable on thetime-period, the use or carrying on board, during any fishingvoyage, of any trawl, Danish seine or similar towed net shall beprohibited, unless the mesh sizes of the gears carried on boardare in compliance with conditions laid down in the relevantAnnex.
(b) However, Community vessels may carry on board within
Community fishing waters and during any fishing voyage, netsof mesh sizes less than 120 millimetres which do not complywith the conditions laid down in Annexes VIII and IX providedthat:
— authorisation can be presented to fish outside Community
waters on that voyage, and
— while within Community waters, all nets of mesh sizes
which do not comply with the conditions laid down inAnnexes VIII and IX are lashed and stowed in accordance
(1) OJ L 194 24.7.1984, p. 22.
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with the provisions of Article 20(1) of Regulation (EEC) No2847/93.
4. Catches retained on board and taken in each of the regions or
geographical areas mentioned in Annexes I to V, X and XI may not belanded unless their percentage composition complies with conditionslaid down in the relevant Annex.
5. The percentage of target species and of other species shall be
obtained by aggregating all quantities retained on board, or transhipped,of target species and other species as set out in Annexes I to V.
Article 5
1. The percentages referred to in Annexes I to V, X and XI shall be
calculated as the proportion by live weight of all marine organisms onboard after sorting or on landing.
2. However, when calculating the percentages referred to in para-
graph 1 for a fishing vessel from which quantities of marine organismshave been transhipped, these quantities shall be taken into account.
3. Masters of fishing vessels who do not complete a logbook in
accordance with the provisions of Article 6of Regulation (EEC) No2847/93 shall not tranship marine organisms to any other vessel, orreceive transhipments of marine organisms from any other vessel.
4. The percentages referred to in paragraph 1 may be calculated on
the basis of one or more representative samples.
5. Notwithstanding paragraph 1, in the case of catches of sand eel
retained on board and caught with nets having mesh sizes smaller than16millimetres, the percentage may be calculated before sorting.
6. For the purpose of this Article, the equivalent weight of whole
Norway lobster shall be obtained by multiplying the weight of Norwaylobster tails by three.
Article 6
1.(a) The carrying on board or the use of any demersal trawl, Danish
seine or similar towed net having more than 100 meshes in anycircumference of the cod-end, excluding the joinings and selvedgesshall be prohibited. This provision shall apply to demersal trawls,Danish seines or similar towed nets of which the mesh size lieswithin the range 90 to 119 millimetres.
(b) The first subparagraph shall not apply to beam trawls.
2. Within any single cod-end stricto sensu , the number of meshes
around any circumference of the cod-end must not increase from thefront end to the rear end. This provision shall apply to all towed nets ofwhich the mesh size is equal to, or greater than, 55 millimetres.
3. The number of meshes, excluding those in the selvedges, at any
point on any circumference of any extension or lengthening piece shallnot be less than the maximum number of meshes on the circumferenceof the front-end of the cod-end stricto sensu excluding meshes in the
selvedges. This provision shall apply to all towed nets of which themesh size is equal to, or greater than, 55 millimetres.
Article 7
1. (a) Square-meshed panels of a mesh size of at least 80 millimetres
may be inserted into any towed net.
(b) Alternatively, any demersal trawl, Danish seine or similar towed
net of which the mesh size is equal to, or greater than, 100 milli-metres may be equipped with panels authorised in accordancewith Council Regulation (EEC) No 1866/86 of 12 June 1986laying down certain technical measures for the conservation of
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fishery resources in the waters of the Baltic Sea, the Belts and
the Sound (1).
2. Any square-meshed panel:
(a) shall be placed in the top half or top sheet of a net in front of any
extension piece or at any point between the front of any extensionpiece and the posterior of the cod-end;
(b) shall not be obstructed in any way by either internal or external
attachments;
(c) shall be at least three metres in length except when incorporated
into nets towed by vessels of less than 112 kilowatts, when it mustbe of at least two metres in length;
(d) shall be constructed of knotless netting or of netting constructed
with non-slip knots, and shall be inserted in such a way that themeshes remain fully open at all times while fishing;
(e) shall be constructed so that the number of meshes in the anterior
row of meshes of the panel is equal to or greater than the number ofmeshes in the posterior row of meshes in the panel.
3. In any net in which a square-meshed panel is inserted in an
untapered portion of the net, there shall be at most five open diamondmeshes between each panel side and the adjacent selvedges of the net.
In any net in which a square-meshed panel is inserted, wholly or
partially, into a tapered portion of the net there shall be at most fiveopen diamond meshes between the posterior row of meshes in thesquare-meshed panel and the adjacent selvedges of the net.
4. Nothwithstanding paragraphs 1(a) and 2(a), any demersal trawl,
Danish seine or similar towed net of which the mesh size lies in therange 70 to 79 millimetres shall be equipped with a square-meshedpanel positioned anterior to the cod-end and having a mesh size equalto, or greater than, 80 millimetres.
5. Notwithstanding paragraph 1(a), the retention on board of any
quantity of crustaceans of the genus Pandalus caught with any demersal
towed net having a mesh size lying in the range 32 to 54 millimetresshall be prohibited, unless the net is equipped with a square-meshedpanel or window having a mesh size equal to, or greater than, 70 milli-metres.
6. The conditions of paragraphs 4 and 5 shall apply only within
Regions 1 and 2.
7. Measurements of the mesh size of any square-meshed netting
inserted into any part of a net shall not be taken into consideration whenassessing the mesh size of a towed net.
Article 8
1. The carrying on board or the use of any towed nets constructed
wholly or in part in the cod-end of single twine netting materials havinga twine thickness of more than eight millimetres shall be prohibited.
2. The carrying on board or the use of any towed nets constructed
wholly or in part in the cod-end of netting materials consisting ofmultiple twine shall be prohibited, unless the multiple twines are ofapproximately equal thickness and unless the sum of the thicknesses ofthe multiple twines on any side of any mesh is no more than 12 milli-metres.
(1) OJ L 162, 18.6.1986, p. 1. Regulation as last amended by Regulation (EC)
No 1821/96(OJ L 241, 21.9.1996 , p. 8).
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3. Paragraphs 1 and 2 shall not apply to pelagic trawls.
Article 9
1. The carrying on board or the use of any towed net the cod-end of
which is constructed wholly or in part of any type of netting materialmade of meshes other than square mesh or diamond mesh shall beprohibited.
2. Paragraph 1 shall not apply to any towed net the cod-end of which
has a mesh size of 31 millimetres or less.
Article 10
Dredges are exempted from the provisions of Article 4, provided that
the quantities of marine organisms retained on board and caught withthese nets, other than bivalve molluscs, do not exceed 5 % of the totalweight of the marine organisms on board.
CHAPTER II
PROVISIONS FOR FIXED GEARS
Article 11
1. For each of the regions or geographical areas mentioned in
Annexes VI and VII, and depending where applicable on the time-period, the use or keeping on board of any bottom set gillnet, entanglingnet or trammel net shall be prohibited, unless:
(a) the catch taken with that net and retained on board includes a
percentage of target species no less than 70 %; and
(b) — in the case of bottom set gillnets and entangling nets, its mesh
size corresponds to one of the categories set out in the relevantAnnex,
— in the case of trammel nets, its mesh size in that part of the net
having the smallest meshes corresponds to one of the categoriesset out in the relevant Annex.
2. The minimum percentage of target species may be obtained by
aggregating the quantities of all the target species caught.
Article 12
1. The percentage referred to in Article 11(1) shall be calculated as
the proportion by live weight of all marine organisms on board aftersorting or on landing.
2. The percentage referred to in paragraph 1 may be calculated on
the basis of one or more representative samples.
Article 13
Articles 11 and 12 shall not apply to catches of salmonids, lampreys or
hagfish.
CHAPTER III
GENERAL PROVISIONS ON NETS AND CONDITIONS FOR THEIR
USE
Article 14
Sorting shall be carried out immediately after catches have been
removed from the net or nets.
Article 15
1. Quantities of marine organisms caught in excess of permitted
percentages specified in Annexes I to VII, X and XI shall be returned tothe sea prior to return to port.
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2. At all times prior to return to port, the percentage of target speciesas defined in Annexes I to VII, X and XI retained on board shall be atleast half of the minimum percentages of the target species referred toin the said Annexes.
3. After the first 24 hours of a fishing voyage has expired, the
minimum percentage of target species as set out in Annexes I to VII, Xand XI shall be met at the time of the daily completion of the logbookin accordance with conditions laid out in Article 6of Regulation (EEC)No 2847/93.
Article 16
No device shall be used by means of which the mesh in any part of the
fishing net is obstructed or otherwise effectively diminished.
This provision shall not exclude the use of certain devices of which a
list and technical descriptions shall be drawn up in accordance with theprocedure referred to in Article 48.
TITLE III
MINIMUM SIZE OF MARINE ORGANISMS
Article 17
A marine organism is undersized if its dimensions are smaller than the
minimum dimensions specified in Annex XII for the relevant speciesand the relevant geographical area.
Article 18
1. The measurement of the size of a marine organism shall take place
in accordance with the provisions laid down in Annex XIII.
2. Where more than one method of measuring the size of a marine
organism is provided for, the organism is considered to be of theminimum size if the application of any one of these methods results in asize equal to, or greater than, the corresponding minimum size.
3. Lobsters, crawfish, and bivalve and gastropod molluscs belonging
to any such species for which a minimum size is set in Annex XII mayonly be retained on board whole and may only be landed whole.
4. (a) Edible crabs may only be retained on board whole and may only
be landed whole.
(b) However, a maximum of 5 % by weight of the total catch of
edible crabs or parts thereof retained on board or landed mayconsist of detached claws.
Article 19
1. Undersized marine organisms shall not be retained on board or be
transhipped, landed, transported, stored, sold, displayed or offered forsale, but shall be returned immediately to the sea.
2. Paragraph 1 shall not apply to:
(a) sardine, anchovy, herring, horse mackerel and mackerel, within a
limit of 10 % by live weight of the total catches retained on boardof each of these species. The percentage of undersized sardine,anchovy, herring, horse mackerel or mackerel shall be calculated asthe proportion by live weight of all marine organisms on board aftersorting or on landing. The percentage may be calculated on thebasis of one or more representative samples. The limit of 10 % shallnot be exceeded during transhipment, landing, transportation,storage, display or sale;
(b) marine organisms other than those defined in Annexes I to V as
target species for the mesh size categories smaller than 16milli-metres or than 16to 31 millimetres, and caught with towed gear ofa mesh size less than 32 millimetres, provided that said organisms
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are not sorted and are not sold, displayed or offered for sale for
human consumption.
3. However, undersized sardine, anchovy, horse mackerel or mack-
erel caught for use as live bait may be retained on board, provided theyare retained alive.
TITLE IV
SPECIAL PROVISIONS RELATING TO FISHING FOR CERTAIN
MARINE ORGANISMS
Article 20
Restrictions on fishing for herring
1. The retention on board of herring which are caught within the
geographical areas and during the periods mentioned below shall beprohibited:
(a) from 1 January to 30 April, within the geographical area situated to
the north-east of a line drawn between Mull of Kintyre and Corse-wall Point;
(b) from 1 July to 31 October, within the geographical area bounded by
the following coordinates:
— the west coast of Denmark at latitude 55 °30/prime1N,
— latitude 55 °30/prime1N, longitude 7 °00/prime1E,
— latitude 57 °00/prime1N, longitude 7 °00/prime1E,
— the west coast of Denmark at latitude 57 °00/prime1N;
(c) from 15 August to 15 September, within the zone extending from
six to 12 miles off the east coast of the United Kingdom as meas-ured from the baselines between latitudes 55 °30/prime1N and 55 °45/prime1N;
(d) from 15 August to 30 September, within the geographical area
bounded by a line joining the following points:
— the Butt of Lewis,
— Cape Wrath,— latitude 58 °55/prime1N, longitude 5 °00/prime1W,
— latitude 58 °55/prime1N, longitude 7 °10/prime1W,
— latitude 58 °20/prime1N, longitude 8 °20/prime1W,
— latitude 57 °40/prime1N, longitude 8 °20/prime1W,
— the west coast of North Uist at latitude 57 °40/prime1N, then along the
north coast of the island as far as latitude 57 °40/prime136/primedbl1N,
longitude 7 °20/prime139/primedbl1W,
— latitude 57 °50/prime13/primedbl1N, longitude 7 °8/prime16/primedbl1W,
— north-east along the west coast of Lewis as far as the point of
departure (Butt of Lewis);
(e) from 15 August to 30 September, within the zone extending from
six to 12 miles off the east coast of the United Kingdom as meas-ured from the baselines between latitudes 54 °10/prime1N and 54 °45/prime1N;
(f) from 21 September to 31 December, within the parts of ICES
Division VIIa bounded by the following coordinates:
(i) — the east coast of the Isle of Man at latitude 54 °20/prime1N,
— latitude 54 °20/prime1N, longitude 3 °40/prime1W,
— latitude 53 °50/prime1N, longitude 3 °50/prime1W,
— latitude 53 °50/prime1N, longitude 4 °50/prime1W,
— the south-west coast of the Isle of Man at longitude 4 °50/prime1
W,
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and
(ii) — the east coast of Northern Ireland at latitude 54 °15/prime1N,
— latitude 54 °15/prime1N, longitude 5 °15/prime1W,
— latitude 53 °50/prime1N, longitude 5 °50/prime1W,
— the east coast of Ireland at latitude 53 °50/prime1N;
(g) throughout the year within ICES Division VIIa, in the geographical
area between the west coasts of Scotland, England and Wales, and aline drawn 12 miles from the baselines of the coasts bounded to thesouth by latitude 53 °20/prime1N and to the north-west by a line drawn
between the Mull of Galloway (Scotland) and the Point of Ayre(Isle of Man);
(h) throughout the year within Logan Bay, defined as the waters east of
a line drawn from the Mull of Logan situated at latitude 54 °44/prime1N
and longitude 4 °59/prime1W, to Laggantalluch Head, situated at latitude
54°41/prime1N and longitude 4 °58/prime1W;
(i) in 1997, and every third year thereafter, from the second Friday in
January, for a period of 16consecutive days within the areabounded by the following coordinates:
— the south-east coast of Ireland at latitude 52 °00/prime1N,
— latitude 52 °00/prime1N, longitude 6 °00/prime1W,
— latitude 52 °30/prime1N, longitude 6 °00/prime1W,
— the south-east coast of Ireland at latitude 52 °30/prime1;
(j) in 1997, and every third year thereafter from the first Friday in
November for a period of 16consecutive days within the areabounded by the following coordinates:
— the south coast of Ireland at longitude 9 °00/prime1W,
— latitude 51 °15/prime1N, longitude 9 °00/prime1W,
— latitude 51 °15/prime1N, longitude 11 °00/prime1W,
— latitude 52 °30/prime1N, longitude 11 °00/prime1W,
— the west coast of Ireland at latitude 52 °30/prime1N;
(k) in 1998, and every third year thereafter, from the first Friday in
November for a period of 16consecutive days within the areabounded by the following coordinates:
— the south coast of Ireland at longitude 9 °00/prime1W,
— latitude 51 °15/prime1N, longitude 9 °00/prime1W,
— latitude 51 °15/prime1N, longitude 7 °30/prime1W,
— the south coast of Ireland at latitude 52 °00/prime1N.
2. However, vessels may retain on board quantities of herring from
any of the areas described, provided they do not exceed 5 % of the totallive weight of the marine organisms on board which have been caughtin each separate area during one of the periods specified.
3. Notwithstanding paragraph 1, points (f)(ii) and (h), vessels with a
length not exceeding 12,2 metres based in ports situated on the eastcoast of Ireland and Northern Ireland between latitudes 53 °00/prime1N and
55°00/prime1N may retain on board quantities of herring from the areas set
out in paragraph 1, points (f)(ii) and (h). The only method of fishingauthorised shall be drift-netting with nets of a mesh size equal to, orgreater than, 54 millimetres.
Article 21
Restrictions on fishing for sprat to protect herring
1. The retention on board of sprat which are caught within the
geographical areas and during the periods mentioned below shall beprohibited:
(a) from 1 January to 31 March, and from 1 October to 31 December,
within ICES statistical area 39E8. For the purpose of this Regula-tion, this ICES area shall be the area bounded by a line due eastfrom the United Kingdom east coast along latitude 55 °00/prime1Nt oa
point at longitude 1 °00/prime1W, from there due north to a point at
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latitude 55 °30/prime1N and from there due west to the United Kingdom
coast;
(b) from 1 January to 31 March, and from 1 October to 31 December,
within the inner waters of the Moray Firth west of longitude 3 °30/prime1
W, and in the inner waters of the Firth of Forth west of longitude 3 °
00/prime1W,
(c) from 1 July to 31 October, within the geographical area bounded by
the following coordinates:
— the west coast of Denmark at latitude 55 °30/prime1N,
— latitude 55 °30/prime1N, longitude 7 °00/prime1E,
— latitude 57 °00/prime1N, longitude 7 °00/prime1E,
— the west coast of Denmark at latitude 57 °00/prime1N.
2. However, vessels may retain on board quantities of sprat from any
of the areas described, provided they do not exceed 5 % of the total liveweight of the marine organisms on board which have been caught ineach separate area during any of the periods specified.
Article 22
Restrictions on fishing for mackerel
1. the retention on board of mackerel which are caught within the
geographical area bounded by the following coordinates shall be prohib-ited:
— a point on the south coast of the United Kingdom at longitude 2 °00/prime1
W,
— latitude 49 °30/prime1N, longitude 2 °00/prime1W,
— latitude 49 °30/prime1N, longitude 7 °00/prime1W,
— latitude 52 °00/prime1N, longitude 7 °00/prime1W,
— a point on the west coast of the United Kingdom at latitude 52 °00/prime1
N,
except where the weight of the mackerel does not exceed 15 % by live
weight of the total quantities of mackerel and other marine organismson board which have been caught in this area.
2. Paragraph 1 shall not apply:
(a) to vessels fishing exclusively with gill nets and/or hand lines;
(b) to vessels fishing with demersal trawls, Danish seines or other
similar towed nets, provided that they have on board a minimum of75 % by live weight of marine organisms with the exception ofanchovy, herring, horse mackerel, mackerel, pelagic cephalopodsand sardine, calculated as a percentage of the total live weight of allthe marine organisms on board;
(c) to vessels which are not equipped for fishing and to which mackerel
are being transhipped.
3. All mackerel which are on board shall be deemed to have been
caught within the area provided for by paragraph 1, except those whichhave been declared to be on board before the vessel enters that area,under the procedure described in the following subparagraphs.
The master of a vessel intending to enter that area in order to fish, and
holding mackerel on board, shall notify the control authority of theMember state in whose zone he intends to fish of his estimated time andplace of arrival in this area no more than 36hours and no less than 24hours before the vessel enters that area.
On entering the area, he shall notify the competent control authority of
the quantities of mackerel which he has on board and which are enteredin the log-book. The master may be required to submit his log-book andthe catches on board for verification at a time and place to be deter-mined by the competent control authority. The time shall be no laterthan six hours after receipt by the control authority of the messagenotifying the quantities of mackerel on board and the place shall be asnear as possible to the point of entry into the area.
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The master of the fishing vessel who intends to enter the area for the
purpose of having mackerel transhipped to his vessel shall notify thecontrol authority of the Member State in whose zone transhipment willtake place, or the intended time and place of transhipment no more than36hours and no less than 24 hours before transhipment begins. Imme-diately on completion of transhipment, the master shall inform thecompetent control authority of the quantities of mackerel which havebeen transhipped to that vessel.
The competent control authorities are:
— for France:
Mimer, telex: Paris 25 08 23,
— for Ireland:
Department of Marine, telex: Dublin 91798 MRNE,
— for the United Kingdom:
Ministry of Agriculture, Fisheries and Food, telex: London 21274.
Article 23
Restrictions on fishing for anchovy
1. The retention on board of anchovy caught using pelagic trawls in
ICES Division VIIIc or the fishing for anchovy with pelagic trawls inthis Division shall be prohibited.
2. Within the Division referred to in paragraph 1, the simultaneous
carrying on board of pelagic trawls and purse seines shall be prohibited.
Article 24
Restrictions on fishing for tuna
1. The retention on board of any quantity of skipjack, bigeye or
yellowfin tuna which are caught using purse seines in waters under thesovereignty or jurisdiction of Portugal in ICES sub-area X north of 36 °
30/prime1N or in CECAF areas north of 31 °N and east of 17 °30/prime1W, or the
fishing for the said species in the said areas with the said gears shall beprohibited.
2. The retention on board of tuna which are caught using drift-nets in
waters under the sovereignty or jurisdiction of Spain or Portugal inICES sub-areas VIII, IX and X, or in CECAF areas around the CanaryIslands and Madeira, or the fishing for the said species in the said areaswith the said gears shall be prohibited.
Article 25
Restrictions on fishing for shrimps to protect flatfish
1. The retention on board of any quantity of common shrimps and
Aesop shrimps caught with demersal towed nets having any mesh sizebetween 16and 31 millimetres shall be prohibited, unless the vessel hasinstalled on board a functioning device designed to separate flatfishfrom common shrimps and Aesop shrimps following capture.
2. A separator trawl or a net with a sorting grid shall be used to catch
common shrimps and Aesop shrimps. Detailed rules for the imple-mentation of this paragraph shall be drawn up in accordance with theprocedure laid down in Article 48.
3. However, quantities of common shrimp or Aesop shrimp may be
retained on board fishing vessels that do not comply with the provisionslaid down in paragraphs 1 and 2, provided these quantities do notexceed 5 % of the total live weight of the marine organisms on board.
Article 26
Restrictions on fishing for salmon and sea trout
1. Salmon and sea trout shall not be retained on board or be tran-
shipped, landed, transported, stored, sold, displayed or offered for sale,but shall be returned immediately to the sea when taken:
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— within the waters situated outside the six-mile limit measured from
Member States’ baselines in regions 1, 2, 3 and 4,
— by way of derogation from Article 2(1), outside the waters under the
sovereignty or jurisdiction of the Member States in regions 1, 2, 3,and 4, except in the waters under the jurisdiction of Greenland andthe Faroe Islands,
— when fishing with any towed net.
2. Paragraph 1 shall not apply to salmon and sea trout taken within
the Skagerrak and Kattegat.
Article 27
Restrictions on fishing for Norway pout to protect other roundfish1. The retention on board of Norway pout which are caught with any
towed gear in the area which is bounded by a line joining the followingpoints shall be prohibited:
— a point at 56 °N on the east coast of the United Kingdom as far as
2°E,
— the running north to 58 °N, west to 0 °30/prime1W, north to 59 °15/prime1N,
east to 1 °E, north to 60 °N, west to longitude 0 °00/prime1;
— from there north to 60 °30/prime1N, west to the coast of the Shetland
Isles, then west from 60 °N on the west coast of the Shetlands to 3 °
W, south to 58 °30/prime1N,
— and finally west to the coast of the United Kingdom.
2. However, vessels may retain on board quantities of Norway pout
from the area and caught with the gear described in paragraph 1,provided they do not exceed 5 % of the total weight of the marineorganisms on board which have been caught in the said area with thesaid gear.
Article 28
Restrictions on fishing for hake
1. Fishing with any trawl, Danish seine or similar towed net, in the
geographical areas and during the periods mentioned below, shall beprohibited:
(a) from 1 September to 31 December, with in the geographical area
bounded by a line joining the following coordinates:
— the point on the north coast of Spain called Cabo Prior (latitude
43°34/prime1N, longitude 8 °19/prime1W),
— latitude 43 °50/prime1N, longitude 8 °19/prime1W,
— latitude 43 °25/prime1N, longitude 9 °12/prime1W,
— the point on the west coast of Spain called Cabo Villano (lati-
tude 43 °10/prime1N, longitude 9 °12/prime1W);
(b) from 1 October to 31 December, within the geographical area
bounded by a line joining the following coordinates:
— the point on the west coast of Spain called Cabo Corrubedo
(latitude 42 °35/prime1N, longitude 9 °05/prime1W),
— latitude 42 °35/prime1N, longitude 9 °25/prime1W,
— latitude 43 °00/prime1N, longitude 9 °30/prime1W,
— the point on the west coast of Spain at latitude 43 °00/prime1N;
(c) from 1 December to the last day of February in the following year,
within the geographical area bounded by a line joining thefollowing coordinates:
— a point on the west coast of Portugal at latitude 37 °50/prime1N,
— latitude 37 °50/prime1N, longitude 9 °08/prime1W,
— latitude 37 °00/prime1N, longitude 9 °07/prime1W,
— a point on the west coast of Portugal at latitude 37 °00/prime1N.
2. Within the zones and during the periods referred to in paragraph 1,
the carrying on board of any trawl, Danish seine or similar towed netshall be prohibited, unless such gears are lashed and stowed in accord-
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ance with the provisions laid down in Article 20(1) of Regulation (EEC)No 2847/93.
Article 29
Restrictions on fishing for plaice
1. Vessels exceeding eight metres length overall shall be prohibited
from using any demersal trawl, Danish seine or similar towed gearinside the following geographical areas:
(a) the area within 12 miles of the coasts of France, north of latitude
51°00/prime1N, Belgium, and the Netherlands up to latitude 53 °00/prime1N,
measured from the baselines;
(b) the area bounded by a line joining the following coordinates:
— a point on the west coast of Denmark at latitude 57 °00/prime1N,
— latitude 57 °00/prime1N, longitude 7 °15/prime1E,
— latitude 55 °00/prime1N, longitude 7 °15/prime1E,
— latitude 55 °00/prime1N, longitude 7 °00/prime1E,
— latitude 54 °30/prime1N, longitude 7 °00/prime1E,
— latitude 54 °30/prime1N, longitude 7 °30/prime1E,
— latitude 54 °00/prime1N, longitude 7 °30/prime1E,
— latitude 54 °00/prime1N, longitude 6 °00/prime1E,
— latitude 53 °50/prime1N, longitude 6 °00/prime1E,
— latitude 53 °50/prime1N, longitude 5 °00/prime1E,
— latitude 53 °30/prime1N, longitude 5 °00/prime1E,
— latitude 53 °30/prime1N, longitude 4 °15/prime1E,
— latitude 53 °00/prime1N, longitude 4 °15/prime1E,
— a point on the coast of the Netherlands at latitude 53 °00/prime1N;
(c) the area within 12 miles of the west coast of Denmark from latitude
57°00/prime1N as far north as the Hirtshals Lighthouse, measured from
the baselines.
2. (a) However, vessels to which a special fishing permit has been
issued in accordance with Article 7(3) of Regulation (EC) No1627/94 shall be authorised to fish in the areas referred to inparagraph 1 using beam trawls. The use of any beam trawl ofwhich the beam length, or of any beam trawls of which theaggregate beam length, measured as the sum of the length ofeach beam, is greater than nine metres, or can be extended to alength greater than nine metres, shall be prohibited, except whenoperating with gear having a mesh size between 16and 31 milli-metres. The length of a beam shall be measured between itsextremities including all attachments thereto.
(b) Notwithstanding Article 1(2) of Regulation (EC) No 1627/94,
special fishing permits for the purposes indicated in (a) may beissued for vessels exceeding eight metres length overall.
c) Vessels to which a special fishing permit as referred to in (a)
and (b) has been issued shall comply with the following criteria:
— they must be included in a list to be provided to the
Commission by each Member State such that the total enginepower of the vessels within each list does not exceed thetotal engine power in evidence for each Member State at 1January 1998,
— their engine power does not exceed 221 kilowatts (kW) at
any time and, in the case of derated engines did not exceed300 kW before derating.
(d) Any individual vessel on the list may be replaced by another
vessel or vessels, provided that:
— no replacement will lead to an increase for each Member
State in its total engine power indicated in the first indent of(c),
— the engine power of any replacement vessel does not exceed
221 kW at any time,
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— the engine of any replacement vessel is not derated, and
— the length overall of any replacement vessel does not exceed
24 metres.
(e) An engine of any individual vessel included in the list for any
Member State may be replaced, provided that:
— the replacement of an engine does not lead to the vessel’s
engine power exceeding 221 kW at any time,
— the replacement engine is not derated, and— the power of the replacement engine is not such that replace-
ment will lead to an increase in the total engine power asindicated in the first indent of (c) for that Member State.
(f) Fishing vessels which do not comply with the criteria specified
in this paragraph shall have their special fishing permit with-drawn.
3. Notwithstanding paragraph 2(a), vessels holding a special fishing
permit and whose primary activity is fishing for common shrimp, shallbe permitted to use beam trawls of which the aggregate beam length,measured as the sum of the length of each beam, is greater than ninemetres when operating with gear having a mesh size between 80 and99 millimetres, provided that an additional special fishing permit to thiseffect has been issued to these vessels. This additional special fishingpermit shall be annually reviewed.
Any vessel or vessels to which such an additional special fishing permit
has been issued may be replaced by another vessel, provided that:
— the replacement vessel does not exceed 70 GRT and does not
exceed an overall length of 20 metres, or
— the capacity of the replacement vessel does not exceed 180 kW and
that the replacement vessel does not exceed an overall length of20 metres.
Fishing vessels which cease to comply with the criteria specified in this
paragraph shall have their additional special fishing permit permanentlywithdrawn.
4. (a) By way of derogation from paragraph 1:
— vessels whose engine power does not exceed 221 kW at any
time and, in the case of derated engines did not exceed 300kW before derating, shall be authorised to fish in the areasreferred to in that paragraph using demersal otter trawls,
— paired vessels whose combined engine power does not
exceed 221 kW at any time and, in the case of deratedengines did not exceed 300 kW before derating, shall beauthorised to fish in said areas using demersal pair trawls.
(b) However, vessels whose engine power exceeds 221 kW shall be
permitted to use demersal otter trawls, or paired vessels whosecombined engine power exceeds 221 kW shall be permitted touse demersal pair trawls, provided that:
(i) — the catch of sand eel and/or sprat retained on board and
caught in the said areas constitutes at least 90 % of thetotal live weight of the marine organisms on board andcaught in the said areas, and
— the quantities of plaice and/or sole retained on board
and caught in the said areas do not exceed 2 % of thetotal live weight of the marine organisms on board andcaught in the said areas;
or
(ii) — the mesh size used is at least 100 millimetres, and
— the quantities of plaice and/or sole retained on board
and caught in the said areas do not exceed 5 % of thetotal weight of the marine organisms on board andcaught in the said areas;
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or
(iii) — the mesh size used is at least 80 millimetres, and
— the use of such mesh sizes is restricted to an area within
12 miles of the coast of France north of latitude 51 °00/prime1
N, and
— the quantities of plaice and sole retained on board and
caught in the said areas, do not exceed 5 % of the totallive weight of the marine organisms on board andcaught in the said areas.
5. Within areas where beam trawls, otter trawls or bottom pair trawls
may not be used, the carrying on board of such nets shall be prohibited,unless they are lashed and stowed in accordance with the provisions laiddown in Article 20(1) of Regulation (EEC) No 2847/93.
6. Detailed rules for the implementation of this Article shall be
drawn up in accordance with the procedure laid down in Article 48.
TITLE V
RESTRICTIONS ON CERTAIN TYPES OF FISHING AND ASSO-
CIATED ACTIVITIES
Article 30
Restrictions on the use of demersal towed gears
1. Vessels shall be prohibited from having on board or using any
beam trawl of which the beam length, or any beam trawls of which theaggregate beam length measured as the sum of the length of each beam,is greater than 24 metres or can be extended to a length greater than24 metres. The length of a beam shall be measured between its extremi-ties including all attachments thereto.
2. Vessels shall be prohibited from using any beam trawl of which
the mesh size lies between 32 and 99 millimetres within either of thefollowing geographical areas:
(a) the North Sea north of a line joined by the following points:
— a point on the east coast of the United Kingdom at latitude 55 °
N,
— then east to latitude 55 °N, longitude 5 °E,
— then north to latitude 56 °N,
— and finally east to a point on the west coast of Denmark at
latitude 56 °N;
(b) ICES Division Vb, ICES sub-area VI north of latitude 56 °N and
ICES sub-area XII north of latitude 56 °N.
Within the areas mentioned under (a) and (b), the keeping on board of
any beam trawl of which the mesh size lies between 32 and 99 milli-metres shall be prohibited, unless such a net is lashed and stowed inaccordance with the provisions laid down in Article 20(1) of Regulation(EEC) No 2847/93.
3. Vessels shall be prohibited from using any demersal otter trawl,
demersal pair trawl or Danish seine of which the mesh size lies between80 and 99 millimetres within the geographical area set out in paragraph2(a). Within this area, the keeping on board of any demersal otter trawl,demersal pair trawl or Danish seine of which the mesh size lies between80 and 99 millimetres shall be prohibited, unless such a net is lashedand stowed in accordance with the provisions laid down in Article 20(1)of Regulation (EEC) No 2847/93.
Article 31
Unconventional fishing methods
1. The catching of marine organisms using methods incorporating the
use of explosives, poisonous or stupefying substances or electric currentshall be prohibited.
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2. The sale, display or offer for sale of marine organisms caught
using methods incorporating the use of any kind of projectile shall beprohibited.
Article 32
Restrictions on the use of automatic grading equipment
1. The carrying or use on board a fishing vessel of equipment which
is capable of automatically grading by size or by sex herring or mack-erel or horse mackerel shall be prohibited.
2. However, the carrying and use of such equipment shall be
permitted provided that:
(a) the vessel does not simultaneously carry or use on board either
towed gear of mesh size less than 70 millimetres or one or morepurse seines or similar fishing gears;
or
(b) (i) the whole of the catch which may be lawfully retained on board
is stored in a frozen state, the graded fish are frozen imme-diately after grading and no graded fish are returned to the seaexcept as required by Article 19;
and
(ii) the equipment is installed and located on the vessel in such a
way as to ensure immediate freezing and not to allow the returnof marine organisms to the sea.
3. Any vessel authorised to fish in the Baltic, Belts or Sound may
carry automatic grading equipment in the Kattegat provided that aspecial fishing permit has been issued to that effect.
The special fishing permit shall define the species, areas, time periods
and any other required conditions applicable to the use and carriage onboard of the grading equipment.
Article 33
Restrictions on the use of purse seines
1. The undertaking of any encirclement with purse seines of any
school or group of marine mammals shall be prohibited.
2. Paragraph 1 shall apply, notwithstanding Article 1, to all vessels
flying the flag of, or registered in, a Member State, in all waters.
Article 34
Restrictions on fishing activities in the 12-mile zone around the
United Kingdom and Ireland
1. Vessels shall be prohibited from using any beam trawl inside the
areas within 12 miles of the coasts of the United Kingdom and Ireland,measured from the baselines from which the territorial waters are meas-ured.
2. However, vessels in any of the following categories are authorised
to fish in the areas referred to in paragraph 1 using beam trawls:
(a) a vessel which entered into service before 1 January 1987, and
whose engine power does not exceed 221 kW, and in the case ofderated engines did not exceed 300 kW before derating;
(b) a vessel which entered into service after 31 December 1986whose
engine is not derated, whose engine power does not exceed 221kW, and whose length overall does not exceed 24 metres;
(c) a vessel which had its engine replaced after 31 December 1986with
an engine which is not derated and whose power does not exceed221 kW.
3. Notwithstanding paragraph 2, the use of any beam trawl of which
the beam length, or of any beam trawls of which the aggregate beamlength, measured as the sum of the length of each beam, is greater thannine metres or can be extended to a length greater than nine metres,
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shall be prohibited, except when operating with gear having a mesh sizebetween 16and 31 millimetres. The length of a beam shall be measuredbetween its extremities including all attachments thereto.
4. Fishing vessels which do not comply with the criteria specified in
paragraphs 2 and 3 shall not be allowed to engage in the fishingactivities referred to in those paragraphs.
5. Vessels which may not use beam trawls shall be prohibited from
carrying on board such nets within the areas referred to in this Article,unless they are lashed and stowed in accordance with the provisions laiddown in Article 20(1) of Regulation (EEC) No 2847/93.
6. Detailed rules for the implementation of this Article shall be
drawn up in accordance with the procedure laid down in Article 48.
TITLE VI
SPECIFIC PROVISIONS FOR THE SKAGERRAK AND KATTEGAT
Article 35
Notwithstanding Article 19(1), undersized marine organisms caught in
the Skagerrak or Kattegat may be retained on board, or be transhipped,landed, transported, stored, sold, displayed or offered for sale within alimit of 10 % by live weight of the total catches retained on board.
Article 36
Salmon and sea trout shall not be retained on board or be transhipped,
landed, transported, stored, sold, displayed or offered for sale, but shallbe returned immediately to the sea, when taken within any part of theSkagerrak and Kattegat situated outside the four-mile limit measuredfrom Member States’ baselines.
Article 37
1. The use of trawls having a mesh size of less than 32 millimetres
from 1 July to 15 September in the waters situated within three miles ofthe baselines in the Skagerrak and Kattegat shall be prohibited.
2. However, when trawling within the waters and during the period
referred to in paragraph 1:
— for northern shrimp ( Pandalusborealis ), nets with a minimum mesh
size of 30 millimetres may be used,
— for eelpout ( Zoarces viviparus ), gobies (Gobiidae) or scorpion fish
(Cottusssp.) to be used as bait, nets with any mesh size may be
used.
Article 38
The retention on board of any quantity of herring, mackerel or sprat
caught using trawls or purse seines between Saturday midnight andSunday midnight in the Skagerrak, and between Friday midnight andSunday midnight in the Kattegat shall be prohibited.
Article 39
The use of any beam trawl in the Kattegat shall be prohibited.
Article 40
During the periods and within the areas referred to in Articles 37, 38
and 39 of this Regulation, where trawls or beam trawls may not beused, the carrying on board of such nets shall be prohibited, unless theyare lashed and stowed in accordance with the provisions laid down inArticle 20(1) of Regulation (EEC) No 2847/93.
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Article 41
Notwithstanding Article 31, electric current or harpoon guns may be
used to catch tuna and basking shark ( Cetorhinus maximus )i nt h e
Skagerrak and Kattegat.
TITLE VII
TECHNICAL PROVISIONS
Article 42
Processing operations
1. The carrying out on board a fishing vessel of any physical or
chemical processing of fish to produce fish-meal, fish-oil, or similarproducts, or to tranship catches of fish for such purposes shall beprohibited. This prohibition shall not apply to the processing or tran-shipment of offal.
2. Paragraph 1 shall not apply to the production on board a fishing
vessel of surimi and fish pulp.
Article 43
Scientific research
1. This Regulation shall not apply to fishing operations conducted
solely for the purpose of scientific investigations which are carried outwith the permission and under the authority of the Member State orMember States concerned, and of which the Commission and theMember State or Member States in whose waters the research is carriedout have been informed in advance.
2. Marine organisms caught for the purposes specified in paragraph
1 may be sold, stored, displayed or offered for sale, provided that:
— they meet the standards laid down in Annex XII to this Regulation
and the marketing standards adopted pursuant to Article 2 ofCouncil Regulation (EEC) No 3759/92 of 17 December 1992 on thecommon organisation of the market in fishery and aquaculture prod-ucts(
1), or
— they are sold directly for purposes other than human consumption.
Article 44
Artificial restocking and transplantation
1. This Regulation shall not apply to fishing operations conducted
solely for the purpose of artificial restocking or transplantation ofmarine organisms which are carried out with the permission and underthe authority of the Member State or Member States concerned. Wherethe artificial restocking or transplantation is carried out in the waters ofanother Member State or Member States, the Commission and all theMember States concerned shall be informed in advance.
2. Marine organisms caught for the purposes specified in paragraph 1
of this Article, and subsequently returned alive to the sea, may be sold,stored, displayed or offered for sale, provided that the marketing stan-dards adopted pursuant to Article 2 of Regulation (EEC) No 3759/92are complied with.
(1) OJ L 388, 31.12.1992, p. 1. Regulation as last amended by Regulation
(EC) No 3318/94 (OJ L 350, 31.12.1994, p. 15).
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TITLE VIII
FINAL PROVISIONS
Article 45
1. Where the conservation of stocks of marine organisms calls for
immediate action, the Commission may, in addition to or by way ofderogation from this Regulation, adopt any measures necessary inaccordance with the procedure referred to in Article 48.
2. Where the conservation of certain species or fishing grounds is
seriously threatened, and where any delay would result in damagewhich would be difficult to repair, a Member State may take appropriatenon-discriminatory conservation measures in respect of the waters underits jurisdiction.
3. The measures referred to in paragraph 2, together with an explana-
tory memorandum, shall be communicated to the Commission and theother Member States as soon as they are adopted.
Within 10 working days of receipt of such notification, the Commission
shall confirm such measures, or require their cancellation or amend-ment. The Commission’s decision shall be immediately notified to theMember States.
Member States may refer the Commission’s decision to the Council
within 10 working days of receiving this notification.
The Council, acting by a qualified majority, may adopt a different
decision within one month.
Article 46
1. Member States may take measures for the conservation and
management of stocks:
(a) in the case of strictly local stocks which are of interest solely to the
fishermen of the Member State concerned; or
(b) in the form of conditions or detailed arrangements designed to limit
catches by technical measures:
(i) supplementing those laid down in the Community legislation on
fisheries; or
(ii) going beyond the minimum requirements laid down in the said
legislation;
provided that such measures apply solely to the fishermen of the
Member State concerned, are compatible with Community law, and arein conformity with the common fisheries policy.
2. The Commission shall be informed, in time for it to present its
observations, of any plans to introduce or amend national technicalmeasures.
If the Commission so requests within one month of such notification,
the Member State concerned shall suspend the entry into force of themeasures planned until three months have elapsed from the date of thesaid notification, so that the Commission can decide within that periodwhether the measures in question comply with the provisions of para-graph 1.
Where the Commission finds, by a decision which it shall communicate
to all Member States, that a planned measure does not comply with theprovisions of paragraph 1, the Member State concerned may not bring itinto force without making the necessary amendments thereto.
The Member State concerned shall immediately inform the other
Member States and the Commission of the measures adopted, havingmade any amendments which may be necessary.
3. Member States shall provide the Commission, on request, with all
particulars necessary to assess whether their national technical measurescomply with the provisions of paragraph 1.
1998R0850 — EN — 04.05.1998 — 000.001 — 23
▼B
4. At the initiative of the Commission, or at the request of anyMember State, the question of whether a national technical measureapplied by a Member State complies with paragraph 1 of this Articlemay be the subject of a decision taken in accordance with the procedurelaid down in Article 48. Should such a decision be taken, the third andfourth subparagraphs of paragraph 2 shall apply.
5. Measures relating to fishing from the shore shall be communicated
by the Member State concerned to the Commission for informationpurposes only.
Article 47
1. At the latest one year after the date of entry into force of this
Regulation, the Council shall decide, on the basis of a proposal from theCommission, on the establishment of rules for the use of mesh sizecombinations to be applied on the date of application of this Regulation.
At the latest three years after the date of application of this Regulation,
the Council shall decide, on the basis of a proposal from the Commis-sion, on revisions and amendments to the conditions laid out in AnnexesI to XI, to be applied within one year after that decision.
2. During the years 1998, 1999 and 2000 the Member States when
applying for funding by the Commission for experimental projects shallgive priority to experimental projects that are concerned with the utilityof square-meshed panels or other devices for increasing the selectivityof towed gears. The Commission, in assessing experimental projects forfunding, shall give priority to such projects.
The Commission shall report, and at the same time submit appropriate
proposals, on the findings of the said experimental projects to theCouncil at the latest four years after the date of adoption of thisRegulation.
The Council shall decide on these proposals at the latest one year after
the date of submission.
Article 48
Detailed rules for the implementation of this Regulation shall be
adopted in accordance with the procedure laid down in Article 18 ofRegulation (EEC) No 3760/92. These rules may include, inter alia:
— technical rules for the determination of twine thickness,
— technical rules for the determination of mesh size,— rules for sampling,— lists and technical descriptions of devices that may be attached to
nets,
— technical rules for measuring engine power,— technical rules relating to square-meshed netting,— technical rules relating to netting materials,— amendments to rules for the use of mesh size combinations.
Article 49
The following Articles of, and Annexes to, Regulation (EC) No 894/97
shall be repealed as from 1 January 2000:
— Articles 1 to 10,
— Articles 12 to 17,— Annexes I to VII.
References to the said Regulation shall be construed as references to
this Regulation and shall be read in accordance with the correlationtable set out in Annex XV.
The scientific names of marine organisms specifically mentioned in this
Regulation are set out in Annex XIV.
1998R0850 — EN — 04.05.1998 — 000.001 — 24
▼B
Article 50
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 January 2000, with the exception of Article 32(3)
and Article 47, which shall apply from the date of entry into force ofthis Regulation.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
1998R0850 — EN — 04.05.1998 — 000.001 — 25▼B
Mesh size range (millimetres)
<16 16to 31 32 to 54 55 to 69 70 to 79 80 to 99 ≥100
Target species
Minimum percentage of target species
9590/60(3)(5)60 30 90/60(4)90 35 30 70(6) NoneANNEX I
TOWED GEARS: Regions 1 and 2, except Skagerrak and Kattegat
Mesh size ranges, target species, and required catch percentages applicable to the use of a single mesh size range
Sand eels(Ammodytidae) (1) × × × × × × ×
Sand eels(Ammodytidae) (2) × × × × ××
Norway pout (Trisopterusesmarkii) × × × × ××
Smelt(Atherina spp. andOsmerus spp.) × × × × ××
Poor cod(Trisopterusminutus) × × × × ××
Silvery cod(Gadusargenteus) × × × × ××
Red bandfish (Cepolidae) × × × × ××
Sprat(Sprattussprattus) × × × × ××
Eel(Anguillaanguilla) × × × × ××
Anchovy(Engraulisencrasicholus) × × × × ××
Blue whiting (Micromesistiuspoutassou) × × × × ××
Argentines(Argentinidae) × × × × ××
Sardine(Sardinapilchardus) × × × × ××
Shrimps/Common prawns (Pandalusmontagui,Crangon spp.,Palaemon spp.) × × × × × × ×
Mackerel(Scomber spp.) ∅ × × × × ××
Horse mackerel (Trachurus spp.) × × × ××
Herring(Clupeaharengus) × × × ××
Squids(Loliginidae,Ommastrephidae) ∅ × × × ××
Garfish(Belonespp.) ∅ × × × ××
Bib(Trisopterusluscus) ∅ × × × ××
1998R0850 — EN — 04.05.1998 — 000.001 — 26▼B
Mesh size range (millimetres)
<16 16to 31 32 to 54 55 to 69 70 to 79 80 to 99 ≥100
Target species
Minimum percentage of target species
9590/60(3)(5)60 30 90/60(4)90 35 30 70 (6) None
Prawns(Pandalus spp.,Parapenaeuslongirostris) ∅ × × × ××
Conger(Congerconger) ∅ÿ × × × ×
Weevers(Trachinidae) ∅ÿ × × ××
Gurnards(Triglidae) ÿ × × ××
Octopus(Octopusvulgaris) ∅ÿ × × ××
Squat lobsters (Galatheidae) ∅ÿ × × ××
Norway lobster (Nephropsnorvegicus) ∅ÿ × × ××
Sole(Soleavulgaris) ∅ÿ × ×
Plaice(Pleuronectesplatessa) ∅ÿ ××
Hake(Merlucciusmerluccius) ∅ÿ ××
Megrim(Lepidorhombus spp.) ∅ÿ ××
Whiting(Merlangiusmerlangus) ∅ÿ ××
Brill(Scophthalmusrhombus) ∅ÿ × ×
Pollack(Pollachiuspollachius) ∅ÿ ××
Dab(Limandalimanda) ∅ÿ ××
Cuttlefish(Sepiaofficinalis) ∅ÿ ××
Sea bass(Dicentrarchuslabrax) ∅ÿ ××
Flounder(Platichthysflesus) ∅ÿ ××
Lemon sole(Microstomuskitt) ∅ÿ ××
Dogfish(Scyliorhinidæ) ∅ÿ ××
Witch(Glyptocephaluscynoglossus) ∅ÿ ××
John Dory(Zeusfaber) ∅ÿ ××
Queen scallop (Chlamysopercularis) ∅ÿ ××
Variegated scallop (Chlamysvaria) ∅ÿ ××
Red mullets(Mullidae) ∅ÿ ××
Grey mullets (Mugilidae) ∅ÿ ××
1998R0850 — EN — 04.05.1998 — 000.001 — 27▼B
Mesh size range (millimetres)
<16 16to 31 32 to 54 55 to 69 70 to 79 80 to 99 ≥100
Target species
Minimum percentage of target species
9590/60(3)(5)60 30 90/60(4)90 35 30 70 (6) None
Grenadiers(Nezumia spp.,Trachyrhynchus spp.,Malococephalus spp.) ∅ÿ ××
Hairtails(Trichiuridae) ∅ÿ ××
Anglers(Lophiidae) ∅ÿ ××
Skates and rays (Rajidae) ∅ÿ ××
Sea breams(Sparidae) ∅ÿ ××
Turbot(Psettamaxima) ∅ÿ ××
All other marine organisms ×
(1) In areas and times of the year other than those specified in footnote 2.
(2) In the North Sea, from 1 November to the last day of February.
(3) The catch retained on board must consist of:
— at least 90 % of any mixture of two or more target species, or
— at least 60 % of any one of the target species and no more than 5 % of any mixture of cod, haddock, and saithe and no more than 15 % of any mixture of the species marked with the symbol ‘ ∅'.
(4) The catch retained on board must consist of:
— at least 90 % of any mixture of two or more target species, or
— at least 60 % of any one of the target species and no more than 5 % of any mixture of cod, haddock, and saithe and no more than 15 % of any mixture of the species marked with the symbol ‘ÿ'.
(5) Provisions regarding limitations on catches of herring which may be retained on board when taken with nets of 16to 31 mm mesh size are stipulated in Com munity legislation fixing, fpr certain fish stocks and groups of fish stocks,
total allowable catches and certain conditions under which they may be fished.
(6) During the first year following the date of application of this Regulation a minimum percentage of target species of 50 % shall pertain with respect to catches taken in Region 2 with the exception of the North Sea, ICES Division
VB, sub-area VI north of latitude 56 °N und sub-area XII north of latitude 56 °N.
1998R0850 — EN — 04.05.1998 — 000.001 — 28▼B
Mesh size range (millimetres)
16to 31 32 to 54 55 to 59 60t o69 ≥70
Target species
Minimum percentage of target species
50% 90% 90% 90% 30% 70% 70% NoneANNEX II
TOWED GEAR: Region 3, except ICES Division IXa east of longitude 7 °23/prime148/primedbl1W
Mesh size ranges, target species and required catch percentages applicable to the use of a single mesh size range
Sand eels(Ammodytidae) × × × ××
Norway pout (Trisopterusesmarkii) × × × ××
Sprat(Sprattussprattus) × × × ××
Eel(Anguillaanguilla) × × × ××
Anchovy(Engraulisencrasicolus) × × × ××
Smelt(Atherina spp. andOsmerus spp.) × × × ××
Poor cod(Trisopterusminutus) × × × ××
Silvery cod(Gadusargenteus) × × × ××
Red bandfish (Cepolidae) × × × ××
Sardine(Sardinapilchardus) × × × ××
Swimming crab (Polybiushenslowi) × × × ××
Shrimps(Pandalusmantagui,Crangon spp.,Palaemon spp.) × × × × × × ×
Mackerel(Scomber spp.) × × ××
Horse mackerel (Trachurus spp.) × × ××
Herring(Clupeaharengus) × × ××
Blue whiting (Micromesistiuspoutassou) × × ××
Argentines(Argentinidae) × × ××
Squids(Loliginidae,Ommastrephidae) × × ××
Garfish(Belonespp.) × × ××
Pouting(Trisopterus spp.) × × ××
1998R0850 — EN — 04.05.1998 — 000.001 — 29▼B
Mesh size range (millimetres)
16to 31 32 to 54 55 to 59 60t o69 ≥70
Target species
Minimum percentage of target species
50 % 90 % 90 % 90 % 30 % 70 % 70 % None
Wedge sole(Dicologoglossacuneata) × × ××
Prawns(Pandalus spp.) × × × ××
Breams(Bramidae,Berycidae) × × ×
Conger(Congerconger) × ××
Sea breams(Sparidae exceptSpondyliosomacantharus) × ××
Rockfish(Scorpaenidae) × ××
Sole(Microchirusazevia,Microchirusvariegatus) × ××
Forkbeard(Phycisspp.) ××
Weevers(Trachinidae) × ××
Gurnards(Triglidae) × ××
Picarels(Centracanthidae) × ××
Octopus(Octopusvulgaris,Eledonecirrosa) × ××
Wrasses(Labridae) × ××
Shrimps(Aristeusantennatus,Aristaeomorphafoliacea,Parapenaeuslongirostris) × ××
Cuttlefish(Sepiaofficinalis) × ×
Grenadiers(Malacocephalus spp.,Nezumia spp.,Trachyrhynchus spp.) ××
Dogfish(Scyliorhinidae) s ××
Common mora (Moramoro) ××
Squat lobsters (Galatheidae) ××
John Dory(Zeusfaber) ××
Red mullets(Mullidae) ××
All other marine organisms ×
1998R0850 — EN — 04.05.1998 — 000.001 — 30
Mesh size range (millimetres)
40 to 54 ≥55
Target species
Minimum percentage of target species
60%(1) None▼B
ANNEX III
TOWED GEARS: ICES Division IXa east of longitude 7 °23/prime148/primedbl1W
Mesh size ranges, target species and required catch percentages applicable to the use of a single
mesh size range
Grey mullets (Mugilidae) ××
Sea breams(Sparidae) ××
Red mullets (Mullidae) ××
Gurnards(Triglidae) ××
Weevers(Trachinidae) ××
Wrasses(Labridae) ××
Forkbeard(Phycisspp.) ××
Wedge sole (Dicologoglossa cuneata) ××
Spotted flounder (Citharus linguatula) ××
Conger(Conger conger) ××
Mantis shrimp (Squilla mantis) ××
Shrimps(Parapenaeus longirostris, Pandalus spp.) ××
Squids(Ommastrephidae, Loliginidae Alloteuthis spp.) ××
Octopus(Octopus vulgaris) ××
Cuttlefish(Sepiaspp.) ××
Mackerel(Scomber spp.) ××
Horse mackerel (Trachurus spp.) ××
Blue whiting (Micromesistius poutassou) ××
Eel(Anguilla anguilla) ××
Smelt(Atherina spp.,Osmerus spp.) ××
Garfish(Belonespp.) ××
All other marine organisms ×
(1) Quantities of any mixture of the other species mentioned in Annex XII retained on board may not exceed 10 % by
weight of the total catch retained on board.
1998R0850 — EN — 04.05.1998 — 000.001 — 31
▼B
Mesh size range (millimetres)
<1616to 31 32 to 69 70 to 89 ≥90
Species
Minimum percentage of target species
50 %50 %20 %50 %20 %50 %30 % NoneANNEX IV
TOWED GEARS: Skagerrak and Kattegat
Mesh size ranges, target species and required catch percentages applicable to the use of a single
mesh size range
Sand eels(Ammodytidae) (3) ××××××××
Sand eels(Ammodytidae) (4) × ×××××
Norway pout (Trisopterusesmarkii) × ×××××
Blue whiting (Micromesistiuspoutassou) × ×××××
Greater weever (Trachinusdraco) (1) × ×××××
Molluscs (except Sepia)(1) × ×××××
Garfish(Belonebelone) (1) × ×××××
Gray gurnard (Eutriglagurnardus) (1) × ×××××
Argentine (Argentina spp.) × ×××××
Sprat(Sprattussprattus) × ×××××
Eel(Anguillaanguilla) ××××××
Common shrimp/Baltic shrimp ( Crangon
spp.,Palaemonadspersus )(2)××××××
Mackerel (Scomber spp.) × ×××
Horse mackerel ( Trachurus spp.) × ×××
Herring(Clupeaharengus) × ×××
Northern shrimp (Pandalusborealis) ××××
Common shrimp/Baltic shrimp ( Crangon
spp.,Palaemonadspersus )(1)××××
Whiting(Merlangiusmerlangus) ××
Norway lobster (Nephropsnorvegicus) ××
All other marine organisms ×
(1) Only within four miles from the baselines.
(2) Outside four miles from the baselines.
(3) From 1 March to 31 July in Kattegat.
(4) In Skagerrak, from 1 November to the last day of February. In Kattegat, from 1 August to the last day of
February.
1998R0850 — EN — 04.05.1998 — 000.001 — 32
▼B
Mesh size range (millimetres)
20 to 39 40 to 64 ≥65
Specie
Minimum percentage of target species
50 % 80 % None
Mesh size range (millimetres)
45 to 50 ≥100
Species
Minimum percentage of target species
30 % NoneANNEX V
TOWED GEARS: Regions 4, 5 and 6
A.Regions 4 and 5
Bogue(Boopsboops) * **
Sardine(Sardinapilchardus) * **
Mackerel(Scomber spp.) * *
Horse mackerel (Trachurus spp.) **
All other marine organisms *
B.Region 6
Shrimps(Penaeussubtilis,Penaeusbrasiliensis,Xiphope-
naeuskroyeri)**
All other marine organisms *
1998R0850 — EN — 04.05.1998 — 000.001 — 33
▼B
Mesh
Species10 to
30 mm50 to
70 mm90 to
99 mm100 to
119 mm120 to
219 mm≥220 mmANNEX VI
FIXED GEARS: Regions 1 and 2
Sardine(Sardinapilchardus) * * * * **
Eel(Anguillaanguilla) * * * * **
Sprat(Sprattussprattus) * * * * * *
Horse mackerel (Trachurus spp.) * * * **
Herring(Clupeaharengus) * * * **
Mackerel(Scomber spp.) * * * **
Red mullets(Mullidae) * * * **
Garfish(Belonespp.) * * * * *
Sea bass(Dicentrarchuslabrax) * * **
Grey mullets (Mugilidae) * * * *
Dab(Limandalimanda) * **
Haddock(Melanogrammusaegle-
finus)* **
Whiting(Merlangius
merlangus) (2)* **
Flounder(Platichthysflesus) * **
Sole(Soleavulgaris) * **
Plaice(Pleuronectesplatessa) * **
Cuttlefish(Sepiaofficinalis) * * *
Cod(Gadusmorhua) **
Pollack(Pollachiuspollachius) (3) **
Ling(Molvamolva) **
Saithe(Pollachiusvirens) **
Hake(Merlucciusmerluccius) (3) **
Picked dogfish (Squalusacan-
thias)**
Spotted dogfish (Scyliorhinus spp.) **
Megrim(Lepidorhombus spp.) **
Lumpsucker(Cyclopteruslumpus) **
All other marine organisms *(1)
(1) Catches of anglerfish (Lophius spp.)taken from ICES sub-areas VI and VII and retained on board in excess of
30 % of the total catch on board from those areas must be taken with a minimum mesh size of 250 mm or greater.
(2) In ICES Divisions VIIe and VIId, with effect from 31 December 1999, the minimum size will be 90 mm.
(3) In ICES Divisions VIIe and VIId, with effect from 31 December 1999, the minimum size will be 110 mm.
1998R0850 — EN — 04.05.1998 — 000.001 — 34
▼B
Mesh size
Species<40 mm40 to
49 mm50 to
59 mm60t o
79 mm80 to
99 mm≥100 mmANNEX VII
FIXED GEARS: Region 3
Sardine(Sardinapilchardus) × × × × ××
Shrimps(Palaemon spp.) × × × × ××
Rainbow wrasse (Corisjulis) × × × × ××
Bogue(Boopsboops) × × × × × ×
Shrimps(Penaeus spp.) × × × ××
Mantis shrimps (Squillamantis) × × × ××
Red mullets(Mullidae) × × × ××
Wedge sole(Dicologoglossa
cuneata)× × × ××
Wrasses(Labridae) × × × × ×
Horse mackerel (Trachurus spp.) × × ××
Mackerel(Scomber spp.) × × ××
Bib(Trisopterusluscus) × × ××
Cuttlefish(Sepiaofficinalis) × × ××
Gurnards(Triglidae) × × × ×
Sea breams(Sparidae) × ××
Rockfish(Scorpaenidae) × ××
Eyed sole(Microchirusacevia) × ××
Shortfinned squids (Ommatostre-
phidae)× ××
Conger(Congerconger) × ××
Forkbeard(Phycisspp.) × ××
Brill(Scophtalmusrhombus) × ××
Weevers(Trachinidae) × ××
Picarels(Centracanthidae) × × ×
Sea bass(Dicentrarchuslabrax) ××
Whiting(Merlangiusmerlangus) ××
Turbot(Psettamaxima) ××
Pollack(Pollachiuspollachius) ××
Flounders(Pleuronectidae) × ×
Sole(Soleavulgaris) (1) ×
Hake(Merlucciusmerluccius) (1) ×
All other marine organisms (2) ×
(1) In ICES Divisions VIIIc and IX the minimum mesh size will be 60 mm. However, with effect from 31 December
1999, the minimum mesh size wull be 80 to 90 mm.
(2) Catches of anglerfisch ( Lophiusspp.) and retained on board in excess of 30 % of the total catch on board must be
taken with minimum mes size of 220 mm or greater.
1998R0850 — EN — 04.05.1998 — 000.001 — 35
▼B
ANNEX VIII
Permitted combinations of mesh size ranges for Regions 1 and 2, except
Skagerrak and Kattegat
Millimetres
<16+ 16 to 31
16to 31 + 32 to 54
16to 31 + 70 to 79
16to 31 + 80 to 99
16to 31 + ≥100
32 to 54 + 70 to 79
32 to 54 + 80 to 99
32 to 54 + ≥100
70 to 79 + 80 to 99
70 to 79 + ≥100
80 to 99 + ≥100
1998R0850 — EN — 04.05.1998 — 000.001 — 36
▼B
ANNEX IX
Permitted combinations of mesh size ranges for Region 3, except ICES
Division IXa east of longitude 7 °23/prime148/primedbl1W
Millimetres
16to 31 + 32 to 54
16to 31 + ≥70
32 to 54 + ≥70
55 to 59 + ≥70
70 to 79 + ≥70
1998R0850 — EN — 04.05.1998 — 000.001 — 37
▼B
ANNEX X
Conditions for use of combinations of mesh size in Regions 1 and 2, except
Skagerrak and Kattegat
For the record.
1998R0850 — EN — 04.05.1998 — 000.001 — 38
▼B
ANNEX XI
Conditions for use of combinations of mesh size in Region 3, except ICES
Division IXa east of longitude 7 °23/prime148/primedbl1W
For the record.
1998R0850 — EN — 04.05.1998 — 000.001 — 39
▼B
Minimum size
SpeciesRegions 1 to 5, except
Skagerrak/KattegatSkagerrak/KattegatANNEX XII
MINIMUM SIZES
Cod(Gadusmorhua) 35 cm 30 cm
Haddock(Melanogrammusaeglefinus) 30 cm 27 cm
Saithe(Pollachiusvirens) 35 cm 30 cm
Pollack(Pollachiuspollachius) 30 cm —
Hake(Merlucciusmerluccius) 27 cm 30 cm
Megrim(Lepidorhombus spp.) 20 cm 25 cm
Sole(Soleaspp.) 24 cm 24 cm
Plaice(Pleuronectesplatessa) 22 cm 27 cm
Whiting(Merlangiusmerlangus) 27 cm 23 cm
Ling(Molvamolva) 63c m —
Blue ling(Molvadipterygia) 70 cm —
Bass(Dicentrarchuslabrax) 36cm —
Norway lobster (Nephropsnorvegicus) (1)
Norway lobster tails130 (40) mm (1)
Mackerel(Scomberscombrus) 20 cm (2)
Herring(Clupeaharengus) 20 cm 18 cm
Horse mackerel (Trachurustrachurus) 15 cm 15 cm
Sardine(Sardinapilchardus) 11 cm —
Lobster(Homarusgammarus) 85 mm (3) 220 (78) mm (1)
Spinous spider crab (Maiasquinado) 120 mm —
Queen scallop (Chlamys spp.) 40 mm —
Grooved carpetshell (Ruditapesdecussatus) 40 mm —
Carpetshell(Venerupispullastra) 40 mm —
Short-necked clam (Ruditapesphilippinarum) 40 mm —
Clam(Venusverrucosa) 40 mm —
Hard clam(Callistachione) 5c m
Razor clam(Ensisspp.,Pharuslegumen) 10 cm
Surf clams(Spisulasolidissima) 25 mm
Donax clams (Donaxspp.) 25 mm
Whelk(Buccinumundatum) 45 mm —
Octopus(Octopusvulgaris) 750 grammes
Swordfish(Xiphiasgladius) (4) 25 kg or 125 cm
(lower mandible)
Bluefin tuna(Thunnusthynnus) (5) 6,4 kg
Crawfish(Palinurus spp.) 110 mm
1998R0850 — EN — 04.05.1998 — 000.001 — 40
▼B
Species Minimum Size; Regions 1 to 5, except Skagerrak/Kattegat
Norway lobster (Nephrops norvegicus) Whole area, except Region 3 and ICES VIa, VIIa: total
length 85 mm, carapace length 25 mm
ICES VIa, VIIa; Region 3: total length 70 mm, carapacelength 20 mm
Norway lobster tails Whole area, except Region 3 and ICES VIa, VIIa: 46mm
ICES VIa, VIIa; Regione 3: 37 mm
Mackerel(Scomber scombrus) Whole area, except North Sea: 20 cm
North Sea: 30 cm
Anchovy(Engraulis encrasicolus) Whole area, except ICES IXa east of longitude 7 °23/prime148/primedbl1
W: 12 cm
ICES IXa east of longitude 7 °23/prime148/primedbl1W: 10 cm
Edible crab(Cancer pagarus) Regions 1 and 2 north of 56 °N: 140 mm
Region 2 south of 56 °N, except ICES Divisions VIId, e,
f, and ICES Divisions IVb, c: 130 mm
ICES Divisions IVb, c south of 56 °N: 115 mm
ICES Divisions VIId, e, f: 140 mm
Region 3: 130 mm
Scallop(Pecten maximus) Whole area, except ICES VIIa north of 52 °30/prime1N VIId:
100 mm
ICES VIIa north of 52 °30/prime1N,►C1VIId: 110 mm ◄
(1) Total lenght (carapace length).
(2) 30 cm for industrial purposes only
(3) With effect from 1 January 2002 a carapace length of 87 mm shall apply.
(4) It is prohibited to land more than 15 %, in number, of swordfish below 25 kg, or 125 cm.
(5) It is prohibited to land more than 15 %, in number, of bluefin tuna below, 6,4 kg or 70 cm. In addition, it is
prohibite to land any individual bluefin tuna below 1,8 kg.
1998R0850 — EN — 04.05.1998 — 000.001 — 41
▼B
ANNEX XIII
MEASUREMENT OF THE SIZE OF A MARINE ORGANISM
1. The size of any fish shall be measured, as shown in Figure 1, from the tip of
the snout to the end of the tail fin.
2. The size of a Norway lobster shall be measured as shown in Figure 2:
— as the length of the carapace, parallel to the midline, from the back of
either eye socket to the distal edge of the carapace, and/or,
— as the total length, from the tip of the rostrum to the rear end of the telson,
not including the setae, and/or,
— in the case of detached Norway lobster tails: from the front edge of the
first tail segment present to the rear end of the telson, not including thesetae. The tail shall be measured flat, unstretched and on the dorsal side.
3. The size of a lobster or crawfish from Regions 1 to 5 except Skagerrak/
Kattegat shall be measured as shown in Figure 3, as the length of thecarapace, parallel to the midline, from the back of either eye socket to thedistal edge of the carapace.
4. The size of a lobster from Skagerrak or Kattegat shall be measured as shown
in Figure 3:
— as the length of the carapace, parallel to the midline, from the back of
either eye socket to the distal edge of the carapace, and/or,
— as the total length, from the tip of the rostrum to the rear end of the telson,
not including the setae.
5. The size of a spinous spider crab or an edible crab shall be measured as
shown in Figures 4A and 4B respectively, as the minimum width of thecarapace measured perpendicular to the antero-posterior midline of the cara-pace.
6. The size of any bivalve mollusc shall be measured as shown in Figure 5,
across the longest part of the shell.
7. The size of a whelk shall be measured as shown in Figure 6as the length of
the shell.
1998R0850 — EN — 04.05.1998 — 000.001 — 42
▼B
Figure 1
Figure 2
(a) Carapace length
(b) Overall length
1998R0850 — EN — 04.05.1998 — 000.001 — 43
▼B
Figure 3
(a) Carapace length
(b) Overall length
Figure 4A

1998R0850 — EN — 04.05.1998 — 000.001 — 44
▼B
Figure 4B
Figure 5
Figure 6

1998R0850 — EN — 04.05.1998 — 000.001 — 45
▼B
VERNACULAR NAME SCIENTIFIC NAMEANNEX XIV
VERNACULAR AND SCIENTIFIC NAMES
Aesop shrimp Pandalus montagui
Anchovy Engraulis encrasicolus
Anglers Lophiidae
Argentines Argentinidae
Baltic shrimp Palaemon adspersus
Bib Trisopterus luscus
Bigeye tuna Thunnus obesus
Bivalve molluscs Bivalvia
Blue and red shrimp Aristeus antennatus
Blue ling Molva dipterygia
Blue whiting Micromesistius poutassou
Bluefin tuna Thunnus thynnus
Bogue Boops boops
Breams Bramidae, Berycidae
Brill Scophthalmus rhombus
Carpetshell Venerupis pullastra
Clam (= warty venus) Venus verrucosa
Cod Gadus morhua
Common mora Mora moro
Common prawn Pandalus spp.
Common shrimp Crangon spp.
Conger Conger conger
Crawfish Palinurus spp.
Cuttlefish Sepia officinalis, Sepia spp.
Dap Limanda limanda
Deeptwater rose shrimp Parapenaeus longirostris
Dogfish, spotted dogfish Scyliorhinidae
Donax clams Donaxspp.
Edible crab Cancer pagurus
Eel Anguilla anguilla
Eyed sole Microchirus ocellatus
Flounder Platichthys flesus
Flounders Pleuronectidae
Forkbeard Phycisspp.
Garfish Belonespp.
Gastropod molluscs Gastropoda
Giant red shrimp Aristaeomorpha foliacea
Grenadiers Malacocephalus spp.,Nezumia spp.,Trachyrhynchus spp.
Grey mullets Mugilidae
Grey gurnard Eutrigla gurnardus
Grooved carpetshell Ruditapes decussatus
Gurnards Triglidae
Haddock Melanogrammus aeglefinus
Hagfish Myxinidae
Hairtails Trichiuridae
Hake Merluccius merluccius
1998R0850 — EN — 04.05.1998 — 000.001 — 46
▼B
VERNACULAR NAME SCIENTIFIC NAME
Hard clam Mercenaria mercenaria
Herring Clupea harengus
Horse mackerel Trachurus spp.
John Dory Zeus faber
Lampreys Petromyzonidae
Lemon sole Microstomus kitt
Ling Molva molva
Lobster Homarus gammarus
Lumpsucker, Lumpfish Cyclopterus lumpus
Mackerel Scomber spp.,Scomber scombrus
Mantis shrimp Squilla mantis
Megrim Lepidorhombus spp.
Northern shrimp Pandalus borealis
Norway lobster Nephrops norvegicus
Norway pout Trisopterus esmarkii
Octopus Octopus vulgaris, Eledone cirrosa
Picarels Centracanthidae
Picked dogfish, Spurdog Squalus acanthias spp.
Pilchard (= sardine) Sardina pilchardus
Plaice Pleuronectes platessa
Pollack Pollachius pollachius
Poor cod Trisopterus minutus
Pouting Trisopterus luscus
Prawn Palaemon spp.
Queen scallop Chlamys opercularis
Rainbow wrasse Coris juris
Razor clam Ensisspp.,Pharus legumen
Redband fish Cepolidae
Red mullets Mullidae
Rockfish Scorpaenidae
Saithe Pollachius virens
Salmon Salmo salar
Salmonids Salmonidae
Sand eels Ammodytidae
Sardine (= pilchard) Sardina pilchardus
Scallop Pecten maximus
Sea bass Dicentrarchus labrax
Sea breams Sparidae
Sea trout Salmo trutta
Shortnecked clam Ruditapes philipinarum
Shrimp Penaeus spp.
Silvery cod Gadus argenteus
Skates and rays Rajidae
Skipjack tuna Katsuwonus pelamis
Smelt Atherina spp.,Osmerus spp.
Sole Solea solea/vulgaris
Spinous spider crab Maja squinado
Spotted flounder Citharus linguatula
Sprat Sprattus sprattus
1998R0850 —EN — 04.05.1998 — 000.001 — 47
▼B
VERNACULAR NAME SCIENTIFIC NAME
Squat lobsters Galatheidae
Squids Loliginidae, Ommastrephidae, Alloteuthis spp.
Surf clam Spisula solidissima
Swimming crab Polybius henslowi
Swordfish Xiphias gladius
Thickback sole Microchirus variegatus
Tuna Auxisspp.,Euthynnus spp.,Katsuwonus spp.,Thunnus spp.
Turbot Psetta maxima
Variegated scallop Chlamys varia
Warty venus (= clam) Venus verrucosa
Wedge sole Dicologoglossa cuneata
Weevers Trachinidae
Whelk Buccinumundatum
Whiting Merlangius merlangus
Witch Glyptocephalus cynoglossus
Wrasses Laridae
Yellowfin tuna Thunnus albacares
1998R0850 — EN — 04.05.1998 — 000.001 — 48
▼B
Regulation (EC)No 894/97 Present RegulationANNEX XV
CORRELATION TABLE
Article 1 Article 1 and 2
Article 2(1) Article 4
Article 2(2) Article 10
Article 2(3) Article 5
Article 2(4) Article 14 and 15
Article 2(5) —
Article 2(6), first subparagraph Article 5(1) and Article 12(1)
Article 2(6), second subparagraph Article 5(6)
Article 2(7) —
Article 2(8) —
Article 2(9), first subparagraph Article 6
Article 2(9), second subparagraph Article 7
Article 2(9), third subparagraph Article 3(d)
Article 2(10), first subparagraph (a), (b) and (c) Article 11(1)
Article 2(10), first subparagraph (d) Article 3(g) and (h)
Article 2(10), first subparagraph (e) Article 13
Article 2(10), second subparagraph Article 48
Article 3 Article 48
Article 4 Article 16
Article 5(1) Article 17 and Article 18(2)
Article 5(2) Annex XIII
Article 5(3), first subparagraph Article 19(1)
Article 5(3), second subparagraph (a) Article 19(2)(b)
Article 5(3), second subparagraph (b), first and
second indentsArticle 19(2)(a)
Article 5(3), second subparagraph (b), third
indentArticle 35
Article 5(3), second subparagraph (c) Article 19(3)
Article 5(3), third subparagraph Article 19(2)(a), third sentence
Article 5(4) Article 18(3) and (4)
Article 5(5) —
Article 6(1) Article 26
Article 6(2) Article 36
Article 7 Article 20
Article 8(1) —
Article 8(2) Article 21
Article 9 Article 22
Article 10(1) —
Article 10(2)(a) Article 30(1)
Article 10(2)(b) Article 39
Article 10(3) Article 29
Article 10(4) Article 34(1), (2) and (3)
Article 10(5) Article 34(4)
Article 10(6) Article 29(6) and Article 34(5)
Article 10(7) —
Article 10(8) —
Article 10(9) Article 37
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▼B
Regulation (EC)No 894/97 Present Regulation
Article 10(10) Article 23
Article 10(11) Article 28(2), Article 29(5), Article 30(2), second
subparagraph, Article 30(3), Article 34(5), andArticle 40
Article 10(12), first subparagraph Article 31
Article 10(12), second subparagraph Article 41
Article 10(13) —
Article 10(14) Article 30(1), last sentence
Article 10(15) Article 28(1)
Article 10(16) Article 32
Article 10(17) Article 33
Article 10(18) Article 38
Article 10(19) Article 24(1)
Article 11 —
Article 12 Article 24(2)
Article 13 Article 42
Article 14 Article 43
Article 15 Article 44
Article 16 Article 45
Article 17 Article 46
Article 18 Article 48
Article 19 Article 49
Article 20 Article 50
Annex I Annexes I, II, III, IV and V
Annex II Annex XII
Annex III Annex XII
Annex IV Annex XIII
Annex V Annex VI
Annex VI Annex VII
Annex VII Annex XV