1984R2108 — EN — 01.01.1998 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 2108/84
of 23 July 1984
laying down detailed rules for determining the mesh size of fishing nets
(OJ L 194, 24.7.1984, p. 22)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2550/97 of 16 December 1997 L 349 1 19.12.1997
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COMMISSION REGULATION (EEC) No 2108/84
of 23 July 1984
layingdowndetailedrulesfordeterminingthemeshsizeoffishing
nets
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 171/83 of 25 January
1983 layingdown certain technical measures for the conservation offishery resources(
1), as last amended by Regulation (EEC) No 1637/
84 (2), and in particular Article 6 thereof,
Whereas, in order to ensure compliance with the technical measures for
the conservation of fishery resources, it is necessary to lay downdetailed rules for determiningthe mesh size of nets;
Whereas for this purpose it is necessary to specify the types of gauge to
be used, how they are to be used, how the meshes to be measured are tobe chosen, the method by which each of them is to be measured andhow the mesh size of the net is to be calculated, and to describe thesequence of the inspection procedure;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Fishery Resources,
HAS ADOPTED THIS REGULATION:
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PART I — TRAWLS, DANISH SEINES AND SIMILAR TOWED NETS
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Article 1
Description of gauges
1. Gauges to be used for determining mesh sizes shall be 2 mm
thick, flat, of durable material and capable of retainingtheir shape. Theyshall have either a series of parallel-edged sides connected by inter-mediate tapering edges with a taper of one to eight on each side, or onlytaperingedg es with the taper defined above. They shall have a hole atthe narrowest extremity.
2. The gauges shall be marked ‘EEC gauge'. Each gauge shall be
inscribed on its face with the width in millimetres both on the parallel-sided section, if any, and on the taperingsection. In the case of the latterthe width shall be inscribed every 1 mm interval and the indication ofthe width shall appear at regular intervals.
Article 2
Use of the gauge
1. The net shall be stretched in the direction of the longdiag onal of
the meshes.
2. A gauge as described in Article 1 shall be inserted by its narrowest
extremity into the mesh openingin a direction perpendicular to theplane of the net.
(1) OJ No L 24, 27. 1. 1983, p. 14.
(2) OJ No L 156, 13. 6. 1984, p. 1.
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3. The gauge shall be inserted into the mesh opening either with a
manual force or usinga weig ht or dynamometer, until it is stopped atthe taperingedg es by the resistance of the mesh.
Article 3
Selection of meshes to be measured
1. Meshes to be measured shall form a series of 20 consecutive
meshes chosen in the direction of the longaxis of the net.
2. Meshes less than 50 cm from lacings, ropes or codline shall not be
measured. This distance shall be measured perpendicular to the lacings,ropes or codline with the net stretched in the direction of that measure-ment. Nor shall any mesh be measured which has been mended orbroken or has attachments to the net fixed at that mesh.
3. By way of derogation from paragraph 1, the meshes to be meas-
ured need not be consecutive if the application of paragraph 2 preventsit.
4. Nets shall be measured only when wet and unfrozen.
Article 4
Measurement of each mesh
The size of each mesh shall be the width of the gauge at the point where
the gauge is stopped, when using this gauge in accordance with Article2.
Article 5
Determination of the mesh size of the net
The mesh size of the net shall be the arithmetical mean in millimetres of
the measurements of the total number of meshes selected and measuredas provided for in Articles 3 and 4, the arithmetical mean beingroundedup to the next millimetre.
The total number of meshes to be measured is provided for in Article 6.
Article 6
Sequence of inspection procedure
1. The inspector shall measure one series of 20 meshes, selected in
accordance with Article 3, inserting the gauge manually without using aweight or dynamometer.
The mesh size of the net shall then be determined in accordance with
Article 5.
If the calculation of the mesh size shows that the mesh size does not
appear to comply with the rules in force, then two additional series of20 meshes selected in accordance with Article 3 shall be measured.
The mesh size shall then be recalculated in accordance with Article 5,
takinginto account the 60 meshes already measured. Without prejudiceto paragraph 2, this shall be the mesh size of the net.
2. If the captain of the vessel contests the mesh size determined in
accordance with paragraph 1, such measurement will not be consideredfor the determination of the mesh size and the net shall be measured.
A weight or dynamometer attached to the gauge shall be used for
remeasurement.
The choice of weight or dynamometer shall be at the discretion of the
inspector.
The weight shall be fixed to the hole in the narrowest extremity of the
gauge using a hook. The dynamometer may either be fixed to the holein the narrowest extremity of the gauge or be applied at the largestextremity of the gauge.
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The accuracy of the weight or dynamometer shall be certified by the
appropriate national authority.
For nets of a mesh size of 35 mm or less as determined in accordance
with paragraph 1, a force of 19,61 newtons (equivalent to a mass of 2kilograms) shall be applied and for other nets a force of 49,03 newtons(equivalent to a mass of 5 kilograms).
For the purposes of determiningthe mesh size in accordance with
Article 5 when usinga weig ht or dynamometer, one series of 20 meshesonly shall be measured.
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PART II — PASSIVE GEAR
Article 6a
Definitions
For the purposes of Part II:‘passive gear'shall mean gill nets, entangling nets trammel nets which
may consist of one or more separate nets which are rigged with top,bottom and connectingropes, and may be equipped with anchoring ,floating and navigational gear.
Article 6b
Mesh gauge
1. The mesh gauge shall be of durable material and capable of
retaining its shape. The construction of the gauge is shown in theAnnex.
2. When extended, the mesh gauge shall be capable of measuring
mesh sizes up to 300 mm. The scale shall be graduated in intervals of 1,and 5 and 10 millimetres.
3. Mesh gauges which conform to paragraphs 1 and 2 shall all be
marked ‘EC gauge'.
4. The jaws of the mesh gauge measuring the opening of the mesh
shall be at least 1 millimetres thick but no more than 3 millimetres andshall have rounded edges.
5. No force other than manually extending the gauge, shall be used
measuringa stretched mesh.
Article 6c
Measurement procedure
1. Nets shall be measured when unfrozen. The inspector shall select
20 meshes from the net, in the case of trammel nets the part of the nethavingthe smallest meshes.
2. The inspector shall measure the openingof each mesh by inserting
the gauge in a mesh, in either direction whichever is the longer, and themesh shall be stretched manually until the sides of the mesh are straightand taut.
3. The mesh size shall be the arithmetical mean in millimetres,
rounded up to the next millimetre, of the sum of the results of themeasurement of each of the meshes selected and measured.
4. Measurement shall in no circumstances include the following
meshes:
— meshes at the top or bottom of a net selvedge attached to a length of
rope or a support frame, or other attachments,
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— meshes within two meshes of lacings and ropes,
— meshes that have been broken or repaired.
Article 6d
Measurement in case of disputes
If the master disputes the result of the measurement, the inspector shall
again select and measure 20 meshes in another part of the net inconformity with the provisions of Article 6c. The mesh size shall thenbe recalculated in accordance with Article 6c (3), takinginto account all40 meshes measured. The result of this measurement shall be final.
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Article 7
This Regulation shall enter into force on the 90th day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX