1998R0850 — EN — 23.08.2004 — 006.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No850/98
of30March1998
for the conservation of fishery resources through technical measures for the protection of juve-
nilesofmarineorganisms
(OJ L 125, 27.4.1998, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 308/1999 of 8 February 1999 L 38 6 12.2.1999
►M2Council Regulation (EC) No 1459/1999 of 24 June 1999 L 168 1 3.7.1999
►M3Council Regulation (EC) No 2723/1999 of 17 December 1999 L 328 9 22.12.1999
►M4Council Regulation (EC) No 812/2000 of 17 April 2000 L 100 3 20.4.2000
►M5Council Regulation (EC) No 1298/2000 of 8 June 2000 L 148 1 22.6.2000
►M6Council Regulation (EC) No 724/2001 of 4 April 2001 L 102 16 12.4.2001
►M7Council Regulation (EC) No 973/2001 of 14 May 2001 L 137 1 19.5.2001
►M8Council Regulation (EC) No 602/2004 of 22 March 2004 L 97 30 1.4.2004
Corrected by:
►C1Corrigendum, OJ L 318, 27.11.1998, p. 63 (850/98)
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COUNCILREGULATION(EC)No850/98
of30March1998
for the conservation of fishery resources through technical
measuresfortheprotectionofjuvenilesofmarineorganisms
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andinparticular 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 consoli-
dated versionof Regulation(EEC) No 3094/86 layin g downcertain technical measures for the conservation of fisheryresources, which Regulation has been frequently and substan-
tially amended;
(2)Whereas experience in the application of Regulation (EEC) No
3094/86 has brought to light certaindeficien cies 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 protected
species and by restricting the number of different mesh-sizes that
may be kept onboard; whereas it is therefore appropriate toreplace Regulation(EC) No 894/97 by a n ew text with theexceptionof Articles 11, 18, 19 an d 20 thereof;
(3)Whereas it is necessary to define certain principles and proce-dures for establishing technical conservation measures at
Community level, so that each Member State can manage fishing
activities inthe maritime waters un der its jurisdictionor 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 principle
that all Community measures must integrate environmental
protection 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 protectionof n ursery areas should be provided for,taking into account the specific biological conditions in the
various zones concerned;
(8)Whereas inDirective 92/43/EEC (5), the Council laid down
measures for conservation of natural habitats and of wildlifeand fauna; whereas the list of marine organisms that fall withinthe scope of this Regulation contains names of species protectedby the requirements of that Directive;
(9)Whereas the EuropeanParliamen t on25 October 1996 adopted
its resolutiononthe commun icationfrom the Commissionon
the implementation of technical measures in the common fish-eries policy;1998R0850 — EN — 23.08.2004 — 006.001 — 2
(1)OJ C 292 4.10.1996, p. 1, and OJ 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 206 22.7.1992, p. 7. Directive as amended by the 1994 Act of Acces-
sion.
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(10)Whereas to ensure the protection of marine biological resources
and the balanced exploitation of fishery resources in the interests
of both fishermen and consumers, technical conservationmeasures should be laid down, specifying inter alia the mesh
sizes and combinations thereof appropriate for the capture ofcertain species and other characteristics of fishing gear, and theminimum sizes of marine organisms, as well as limitations of
fishing within certain areas and time-periods and with certain
gears and equipment;
(11)Whereas, in the light of scientific advice, provisions should belaid downfor in creases inmesh sizes of towed gears whenfishing for certain species of marine organisms, and provisionsshould be laid downfor the man datory use of square-meshed
netting, as this can play a significant role in reducing the capture
of juveniles of marine organisms;
(12)Whereas, to avoid the possibility of using ever smaller meshsizes for fixed gears, which is resulting in increasing mortalityrates for juveniles of the target species of the fisheriesconcerned, mesh sizes for fixed gears need to be established;
(13)Whereas the species compositionof catches an d the associated
fishing practices differ between geographical areas; whereas
these 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 negative
influence on other species;
(15)Whereas minimum sizes need to be applied with respect to
species 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 accordance
with selectivity of the mesh size applicable to that species;
(17)Whereas the manner in which the size of marine organisms is to
be 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 and
retaining on board of anchovy and tuna should be adopted;
(20)Whereas, in order to ensure control of fishing activities in
certain areas by vessels complying with specific conditions,access to such areas shall be subject to special fishing permitsas referred to inCoun cil Regulation(EC) No 1627/94 of 27June 1994 laying down general provisions concerning special
fishing rights (
1);
(21)Whereas the use of purse seines on schools of fish found in asso-
ciation 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 encir-
clement 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 applyto operations which may be necessitated by the conduct of suchactivities;1998R0850 — EN — 23.08.2004 — 006.001 — 3
(1) OJ L 171, 6.7.1994, p. 7.
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(23)Whereas certain measures, necessary in the context of conserva-
tion, are contained in Council Regulation (EEC) No 2930/86 of
22 September 1986 defining 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, theCommissionan d 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 the
Commission of their compatibility with Community law and
conformity with the common fisheries policy;
(26)Whereas, where detailed rules onthe implemen tationof this
Regulationmay be n ecessary, such rules should be adopted in
accordance with the procedure laid down in Article 18 of Regu-lation(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, exceptas otherwise provided inArticles 26 an d 33.
TITLE I
DEFINITIONS
Article 2
1. For the purposes of this Regulation, the following definitions of
maritime waters shall apply:
(a)Region1
All waters which lie to the north and west of a line running from a
point at latitude 48º N, longitude 18º W, thence due north to lati-tude 60º N, thence due east to latitude 5º W, thence due north tolatitude 60º 30 ′N, thence due east to longitude 4º W, thence due
north to latitude 64º N, thence due east to the coast of Norway.
(b)Region2
All waters situated north of latitude 48º N, but excluding the waters
in Region 1 and ICES divisions IIIb, IIIc, and IIId.
(c)Region3
All waters corresponding to ICES sub-areas VIII and IX.
(d)Region4
All waters corresponding to ICES sub-area X.1998R0850 — EN — 23.08.2004 — 006.001 — 4
(1) OJ L 274, 25.9.1986, p. 1. Regulationas amen ded by Regulation(EC) No
3259/94 (OJ L 339, 29.12.1994, p. 11).
(2) OJ L 261, 20.10.1993, p. 1. Regulationas last amen ded by Regulation(EC)
No 686/97 (OJ L 102, 19.4.1997, p. 1).
(3) OJ L 389 31.12.1992, p. 1. Regulationas amen ded by the 1994 Act of
Accession.
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(e)Region5
All waters in that part of the east central Atlantic comprising divi-
sions 34.1.1, 34.1.2 and 34.1.3 and sub-area 34.2.0 of fishing zone34 of the CECAF region.
(f)Region6
All waters off the coasts of the French department of Guyana that
come under the sovereignty or jurisdiction of France.
(g)Region7
All waters off the coasts of the French departments of Martinique
and Guadeloupe that come under the sovereignty or jurisdiction of
France.
(h)Region8
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
Council for the Exploration of the Sea and the Fishery Committee forthe Eastern Central Atlantic, respectively. They are described, subjectto any 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 referred
to inparagraph 2, inaccordan ce with the procedure referred to in
Article 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 drawn
from Hasenøre Head to Gniben Point, from Korshage to Spodsb-
jerg, and from Gilbjerg Head to the Kullen,
— the Skagerrak is limited inthe west by a lin e drawnform the light-
house of Hanstholm to the lighthouse of Lindesnes, and in the southby 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 64º N, and that part ofICES 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 anadro-
mous and catadromous species during their marine life,crustaceans and molluscs 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 shallbe determined by procedures specified in Regulation (EEC) No
2108/84 (
3). 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;1998R0850 — EN — 23.08.2004 — 006.001 — 5
(1) OJ C 335, 24.12.1985, p. 2.
(2) OJ C 347, 31.12.1985, p. 14.
(3) OJ L 194 24.7.1984, p. 22.
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(d) square-meshed netting shall mean a construction of netting
mounted so that of the two sets of parallel lines formed by themesh bars, one set is parallel to, and the other at right angles to,
the long axis 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 inserted
into a towed net. The mesh size shall be determined by procedures
inRegulation(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
of the meshes are formed by the interweaving of the twines oftwo adjacent 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
NETSANDCONDITIONSFORTHEIRUSE
CHAPTER I
PROVISIONSFORTOWEDGEARS
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,the target species for each range of mesh size are as defined in the rele-vant Annex.
2. (a) The use, during any fishing voyage, of any combination of
towed nets of more than one range of mesh size shall be prohib-
ited,
— within the totality of Regions l and 2 except Skagerrak and
Kattegat, and depending where applicable on the time
period, unless the mesh sizes of such nets used are incompliance with no more than one of the permitted combina-tions of mesh size ranges laid down in Annex VIII, and
— withinRegion3 except ICES DivisionIXa east of lon gitude
7º 23′48″W unless the mesh sizes of such nets used are in
compliance with no more than one of the permitted combina-
tions of mesh size ranges laid down in Annex IX.
(b) Within each of the regions or geographical areas mentioned in
Annexes III, IV, and V, and depending, where applicable, on
the time period, the use, during any fishing voyage, of any
combination of towed nets of the mesh size ranges specified inthe relevant Annex shall be allowed.
(c) Masters of fishing vessels who during any fishing voyage do not
complete a logbook in accordance with the provisions of Article6 of Regulation (EEC) No 2847/93 shall not use during thatvoyage any combination of towed nets of more than one rangeof mesh size within Community fishing waters. This require-ment shall not apply to fishing voyages within Community
fishing waters in Regions 4, 5 and 6.
(d) Vessels may carry on board during any fishing voyage any
combination of towed nets of mesh size ranges which do not
comply with the conditions laid down in subparagraphs (a) or
(b), provided that all such nets are lashed and stowed in accor-dance with the provisions of Article 20(1) of Regulation (EEC)No 2847/93. Any towed net which is not lashed and stowed inaccordance with the aforementioned provisions shall be consid-ered to be inuse.1998R0850 — EN — 23.08.2004 — 006.001 — 6
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(e) Whenever more than one net is towed simultaneously by a
fishing vessel or by more than one fishing vessel, each net shallbe of the same mesh size range.
(f) The use of any towed net of mesh size:
— less than16 mm shall be prohibited inRegion3 except ICES
DivisionIXa east of lon gitude 7º 23 ′48″W,
— less than40 mm shall be prohibited inICES DivisionIXa
east of longitude 7º 23 ′48″W,
— less than 20 mm shall be prohibited in Regions 4 and 5,
— less than45 mm shall be prohibited inRegion6.
3. Masters of fishing vessels who do not complete a logbook in
accordance with the provisions of Article 6 of Regulation (EEC) No2847/93 shall not, during any fishing voyage, fish in more than one of
the regions or geographical areas mentioned in Annexes I to V. This
requirement shall not apply to vessels which, during any fishingvoyage, use only towed nets of mesh size equal to or greater than100 mm.
4. (a) For each fishing voyage during which any combination of towed
nets of more than one range of mesh size is used, landings shallbe prohibited whenever:
(i) the catches are takeninRegion s 1 or 2 except for the
Skagerrak and Kattegat and any one of the nets used is of
mesh size equal to or greater than100 mm, un less thepercentage composition of the catches retained on board isin compliance with the relevant conditions laid down inAnnex X(A); or
(ii) the catches are taken in the Skagerrak and Kattegat and any
one of the nets used is of mesh size equal to or greater than90 mm, unless the percentage composition of the catchesretained on board is in compliance with the relevant condi-tions laid down in Annex X(B); or
(iii) the catches are takeninRegion3 except for ICES Division
IXa east of 7º 23 ′48″W and any one of the nets used is of
mesh size equal to or greater than70 mm, un less thepercentage composition of the catches retained on board is
in compliance with the relevant conditions laid down in
Annex XI(A); or
(iv) the catches are takeninICES DivisionIXa east of 7º 23 ′48″
W and any one of the nets used is of mesh size equal to or
greater than 55 mm, unless the percentage composition of
the catches retained on board is in compliance with therelevant conditions laid down in Annex XI(B);
(b) For each fishing voyage, during which only towed nets of one
range of mesh size are used, landings shall be prohibited when-ever the catch takenineach of the region s or geographical areasmentioned in Annexes I to V, and retained on board, does not
comply with the corresponding conditions laid down in the rele-
vant annex.
5. (a) The percentage of target species and of other species shall be
obtained by aggregating all quantities retained on board, ortransshipped, of target species and other species as set out in
Annexes I to V.
(b) However, detailed rules for obtaining the percentage of target
species and of other species retained on board when these havebeen taken by a net or nets towed simultaneously by more thanone fishing vessel, shall be drawn up in accordance with theprocedure laid downinArticle 48.
6. Before 31 May 2001, Member States will report to the Commis-
sion on the application of the conditions laid down in this Article,Article 15 and relevant Annexes. On the basis of these reports, the1998R0850 — EN — 23.08.2004 — 006.001 — 7
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Commissionshall submit appropriate proposals. The Coun cil shall
decide, onthe basis of an y such proposal, before 31 October 2001.
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 on
board 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 marineorganisms have been transhipped, these quantities shall be taken intoaccount.
3. Masters of fishing vessels who do not complete a logbook in
accordance with the provisions of Article 6 of 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.
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 any
circumference of the cod-end stricto sensu, excluding the join-ings and selvedges shall be prohibited. This provision shallapply to demersal trawls, Danish seines or similar towed netsof which the mesh size lies withinthe ran ge 90 to 119 milli-metres.
(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 netsof which 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 provisionshall apply to all towed n ets of which the
mesh 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 1986
laying down certain technical measures for the conservation of
fishery resources inthe waters of the Baltic Sea, the Belts an dthe Sound (
1).1998R0850 — EN — 23.08.2004 — 006.001 — 8
(1) OJ L 162, 18.6.1986, p. 1. Regulationas last amen ded by Regulation(EC)
No 1821/96 (OJ L 241, 21.9.1996, p. 8).▼B
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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 extension
piece 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
must be of at least two metres inlen gth;
(d) shall be constructed of knotless netting or of netting constructed
with non-slip knots, and shall be inserted in such a way that the
meshes remainfully openat all times while fishin g;
(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 numberof meshes inthe posterior row of meshes inthe pan el.
3. In any net in which a square-meshed panel is inserted in an unta-
pered portion of the net, there shall be at most five open diamond
meshes 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 fiveopendiamon d meshes betweenthe posterior row of meshes inthesquare-meshed panel and the adjacent selvedges of the net.
4. Notwithstanding paragraph 1(a), any demersal trawl, Danish seine
or similar towed net of which the mesh size lies in the range 70 to 79
millimetres shall be equipped with a square-meshed panel having a
mesh size equal to, 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 to54 millimetres shall be prohibited, unless the net is equipped with asquare-meshed panel or window having a mesh size equal to, or greater
than, 70 millimetres ►
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lished under the conditions laid down in Article 46 ◄.
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 considerationwhen assessing 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
having a twine thickness of more than eight millimetres shall beprohibited.
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 of
multiple twine shall be prohibited, unless the multiple twines are of
approximately equal thickness and unless the sum of the thicknessesof the multiple twines on any side of any mesh is no more than12 millimetres.
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 thansquare mesh or diamon d mesh shall beprohibited.1998R0850 — EN — 23.08.2004 — 006.001 — 9
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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. However, it
shall be prohibited during any voyage when dredges are carried on
board,
(a) to tranship marine organisms and
(b) to retain on board or land any quantity of marine organisms unless
at least 95 % by weight thereof consists of bivalve molluscs.
CHAPTER II
PROVISIONSFORFIXEDGEARS
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, entan-gling net 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 relevant
Annex,
— 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 may not be landedbut shall be returned to the sea prior to each landing.
2. At all times during a fishing voyage, and following sorting of the
catch, the percentage of target species as defined in Annexes I to VIl1998R0850 — EN — 23.08.2004 — 006.001 — 10
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retained on board shall be at least half of the minimum percentages of
the target species referred to in the said Annexes.
3. Masters of fishing vessels who are required to complete a
logbook shall ensure that after the first 24 hours of a fishing voyage
has expired, the minimum percentage of target species as set out inAnnexes I to VII, X and XI shall be met at the time of each completionof the logbook, in accordance with conditions laid out in Article 6 ofRegulation(EEC) No 2847/93.
4. Whenever, during a fishing voyage, a vessel newly enters any of
the regions or geographical areas mentioned in Annexes I to V, the
minimum percentage of target species, as set out in Annexes I to VII,X and XI, caught and retained on board from the region or geogra-phical area previously fished during this voyage shall be met withintwo hours.
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 provisionshall n ot exclude the use of certaindevices of which a
list and technical descriptions shall be drawn up in accordance with theprocedure referred to inArticle 48.
TITLE III
MINIMUMSIZEOFMARINEORGANISMS
Article 17
A marine organism is undersized if its dimensions are smaller than the
minimum dimensions specified in Annex XII for the relevant species
and 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 a size 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) For catches of edible crabs made by pots or creels, a maximum
of 1 % by weight of the total catch of edible crabs or partsthereof retained on board during any fishing voyage or landedat the end of any fishing voyage may consist of detached crabclaws.
(b) For catches of edible crabs made by any fishing gear other than
pots or creels, a maximum of 75 kg of detached crab claws maybe retained on board at any moment in time during a fishingvoyage or may be landed at the end of any fishing voyage.
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 board1998R0850 — EN — 23.08.2004 — 006.001 — 11
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of each of these species. The percentage of undersized sardine,
anchovy, herring, horse mackerel or mackerel shall be calculatedas the proportion by live weight of all marine organisms on board
after sorting or on landing. The percentage may be calculated on
the basis of one or more representative samples. The limit of 10 %shall not 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 than16 milli-metres or than16 to 31 millimetres, an d caught with towed gearof a mesh size less than32 millimetres, provided that said organ -isms are not sorted and are not sold, displayed or offered for salefor human consumption.
3. However, undersized sardine, anchovy, horse mackerel or mack-
erel caught for use as live bait may be retained on board, provided
they are retained alive.
TITLE IV
SPECIAL PROVISIONS RELATING TO FISHING FOR
CERTAINMARINEORGANISMS
Article 20
Restrictionsonfishingforherring
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, withinthe geographical area boun ded
by the following coordinates:
— the west coast of Denmark at latitude 55º 30 ′N,
— latitude 55º 30 ′N, longitude 7º 00 ′E,
— latitude 57º 00 ′N, longitude 7º 00 ′E,
— the west coast of Denmark at latitude 57º 00 ′N;
(c) from 15 August to 15 September, within the zone extending from
six to 12 miles off the east coast of the United Kingdom asmeasured from the baselines between latitudes 55º 30 ′N and 55º
45′N;
(d) from 15 August to 30 September, withinthe geographical area
bounded by a line joining the following points:
— the Butt of Lewis,
— Cape Wrath,
— latitude 58º 55 ′N, longitude 5º 00 ′W,
— latitude 58º 55 ′N, longitude 7º 10 ′W,
— latitude 58º 20 ′N, longitude 8º 20 ′W,
— latitude 57º 40 ′N, longitude 8º 20 ′W,
— the west coast of North Uist at latitude 57º 40 ′N, thenalon g
the north coast of the island as far as latitude 57º 40 ′36″N,
longitude 7º 20 ′39″W,
— latitude 57º 50 ′3″N, longitude 7º 8 ′6″W,
— 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
measured from the baselines between latitudes 54º 10 ′N and 54º
45′N;
(f) (i) from 21 September to 15 November, withinthe part of ICES
Division VIIa bounded by the coast of the Isle of Man and1998R0850 — EN — 23.08.2004 — 006.001 — 12
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straight lines drawn consecutively between the following coor-
dinates:
— latitude 54º20 ′00″N, longitude 04º25 ′05″W and latitude
54º20′00″N, longitude 03º57 ′02″W,
— latitude 54º20 ′00″N, longitude 03º57 ′02″W and latitude
54º17′05″N, longitude 03º56 ′08″W,
— latitude 54º17 ′05″N, longitude 03º56 ′08″W and latitude
54º14′06″N, longitude 03º57 ′05″W,
— latitude 54º14 ′06″N, longitude 03º57 ′05″W and latitude
54º00′00″N, longitude 04º07 ′05″W,
— latitude 54º00 ′00″N, longitude 04º07 ′05″W and latitude
53º51′05″N, longitude 04º27 ′08″W,
— latitude 53º51 ′05″N, longitude 04º27 ′08″W and latitude
53º48′00″N, longitude 04º50 ′00″W,
— latitude 53º48 ′05″N, longitude 04º50 ′00″W and latitude
54º04′05″N, longitude 04º50 ′00″W;
(ii) from 21 September to 31 December, withinthe part of ICES
Division VIIa bounded by the following coordinates:
— the east coast of NorthernIrelan d at latitude 54º15 ′N,
— latitude 54º 15 ′N, longitude 5º15 ′W,
— latitude 53º50 ′N, longitude 5º50 ′W,
— the east coast of Ireland at latitude 53º50 ′N;
(g) throughout the year withinICES DivisionVIIa, inthe geographical
area between the west coasts of Scotland, England and Wales, anda line drawn 12 miles from the baselines of the coasts bounded tothe south by latitude 53º 20 ′N and to the north-west by a line
drawn between the Mull of Galloway (Scotland) and the Point ofAyre (Isle of Man);
(h) throughout the year withinLoganBay, defin ed as the waters east
of a line drawn from the Mull of Logan situated at latitude 54º
44′N and longitude 4º 59 ′W, to Laggantalluch Head, situated at
latitude 54º 41 ′N and longitude 4º 58 ′W;
(i) in 1997, and every third year thereafter, from the second Friday in
January, for a period of 16 consecutive days within the areabounded by the following coordinates:
— the south-east coast of Ireland at latitude 52º 00 ′N,
— latitude 52º 00 ′N, longitude 6º 00 ′W,
— latitude 52º 30 ′N, longitude 6º 00 ′W,
— the south-east coast of Ireland at latitude 52º 30 ′;
(j) in1997, an d every third year thereafter from the first Friday in
November for a period of 16 consecutive days within the areabounded by the following coordinates:
— the south coast of Ireland at longitude 9º 00 ′W,
— latitude 51º 15 ′N, longitude 9º 00 ′W,
— latitude 51º 15 ′N, longitude 11º 00 ′W,
— latitude 52º 30 ′N, longitude 11º 00 ′W,
— the west coast of Ireland at latitude 52º 30 ′N;
(k) in1998, an d every third year thereafter, from the first Friday in
November for a period of 16 consecutive days within the areabounded by the following coordinates:
— the south coast of Ireland at longitude 9º 00 ′W,
— latitude 51º 15 ′N, longitude 9º 00 ′W,
— latitude 51º 15 ′N, longitude 7º 30 ′W,
— the south coast of Ireland at latitude 52º 00 ′N.
2. However, vessels may retain on board quantities of herring from
any of the areas described, provided they do not exceed 5 % of thetotal live weight of the marine organisms on board which have beencaught in each separate area during one of the periods specified.1998R0850 — EN — 23.08.2004 — 006.001 — 13
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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 53º 00 ′Na nd
55º 00′N 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
Restrictionsonfishingforsprattoprotect 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,
withinICES 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 55º 00 ′Nt oa
point at longitude 1º 00 ′W, from there due north to a point at lati-
tude 55º 30 ′N 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 3º 30 ′
W, and in the inner waters of the Firth of Forth west of longitude3º 00′W,
(c) from 1 July to 31 October, withinthe geographical area boun ded
by the following coordinates:
— the west coast of Denmark at latitude 55º 30 ′N,
— latitude 55º 30 ′N, longitude 7º 00 ′E,
— latitude 57º 00 ′N, longitude 7º 00 ′E,
— the west coast of Denmark at latitude 57º 00 ′N.
2. However, vessels may retainonboard quan tities of sprat from
any of the areas described, provided they do not exceed 5 % of the
total live weight of the marine organisms on board which have been
caught in each separate area during any of the periods specified.
Article 22
Restrictionsonfishingformackerel
1. the retention on board of mackerel which are caught within the
geographical area bounded by the following coordinates shall beprohibited:
— a point on the south coast of the United Kingdom at longitude 2º
00′W,
— latitude 49º 30 ′N, longitude 2º 00 ′W,
— latitude 49º 30 ′N, longitude 7º 00 ′W,
— latitude 52º 00 ′N, longitude 7º 00 ′W,
— a point on the west coast of the United Kingdom at latitude 52º 00 ′
N,
except where the weight of the mackerel does not exceed 15 % by live
weight of the total quantities of mackerel and other marine organisms
onboard which have beencaught inthis 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 minimumof 75 % 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 ofall the marine organisms on board;1998R0850 — EN — 23.08.2004 — 006.001 — 14
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(c) to vessels which are not equipped for fishing and to which mack-
erel are being transhipped.
3. All mackerel which are onboard shall be deemed to have been
caught withinthe area provided for by paragraph 1, except those whichhave beendeclared to be onboard before the vessel en ters 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 timeand place of arrival in this area no more than 36 hours and no lessthan24 hours before the vessel en ters 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 areentered in the log-book. The master may be required to submit hislog-book and the catches on board for verification at a time and place
to be determined by the competent control authority. The time shall be
no later than six hours after receipt by the control authority of themessage notifying the quantities of mackerel on board and the placeshall be as near as possible to the point of entry into the area.
The master of the fishing vessel who intends to enter the area for the
purpose of having mackerel transhipped to his vessel shall notify the
control authority of the Member State in whose zone transhipmentwill take place, or the intended time and place of transhipment nomore than 36 hours and no less than 24 hours before transhipmentbegins. Immediately on completion of transhipment, the master shall
inform the competent control authority of the quantities of mackerel
which have beentran shipped to that vessel.
Article 23
Restrictionsonfishingforanchovy
1. The retention on board of anchovy caught using pelagic trawls in
ICES Division VIIIc or the fishing for anchovy with pelagic trawls in
this Divisionshall be prohibited.
2. Withinthe Divisionreferred to inparagraph 1, the simultan eous
carrying on board of pelagic trawls and purse seines shall be prohib-
ited.
Article 25
Restrictionsonfishingforshrimpstoprotectflatfish
1. The retention on board of any quantity of common shrimps and
Aesop shrimps caught with demersal towed nets having any mesh size
between 16 and 31 millimetres shall be prohibited, unless the vesselhas installed on board a functioning device designed to separate flatfishfrom common shrimps and Aesop shrimps following capture.
2. At the latest on1 July 2002, a separator trawl or a trawl with a
sorting grid shall be used to catch common shrimps and Aesop shrimpsincon formity with detailed rules which Member States shall establish
in accordance with Article 46. Such rules may be applicable only to
nets towed by fishing vessels.
3. However, quantities of common shrimp or Aesop shrimp may be
retained on board fishing vessels that do not comply with the provi-sions laid down in paragraphs 1 and 2, provided these quantities donot exceed 5 % of the total live weight of the marine organisms onboard.1998R0850 — EN — 23.08.2004 — 006.001 — 15
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Article 26
Restrictionsonfishingforsalmonandseatrout
1. Salmon and sea trout shall not be retained on board or be trans-
hipped, landed, transported, stored, sold, displayed or offered for sale,but shall be returned immediately to the sea when taken:
— withinthe waters situated outside the six-mile limit measured from
Member States' baselines in regions 1, 2, 3 and 4,
— by way of derogationfrom Article 2(1), outside the waters un der
the sovereignty or jurisdiction of the Member States in regions 1,
2, 3, and 4, except in the waters under the jurisdiction of Greenlandand the 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
RestrictionsonfishingforNorwaypouttoprotect otherroundfish
1. The retention on board of Norway pout which are caught with
any towed gear in the area which is bounded by a line joining thefollowing points shall be prohibited:
— a point at 56º N on the east coast of the United Kingdom as far as
2º E,
— the running north to 58º N, west to 0º 30 ′W, north to 59º 15 ′N,
east to 1º E, north to 60º N, west to longitude 0º 00 ′;
— from there north to 60º 30 ′N, west to the coast of the Shetland
Isles, thenwest from 60º N onthe west coast of the Shetlan ds to
3º W, south to 58º 30 ′N,
— and finally west to the coast of the United Kingdom.
2. However, vessels may retainonboard quan tities 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 marine
organisms on board which have been caught in the said area with thesaid gear.
Article 28
Restrictionsonfishingforhake
1. Fishing with any trawl, Danish seine or similar towed net, in the
geographical areas and during the periods mentioned below, shall be
prohibited:
(a) from 1 October to 31 January of the following year, within the
geographical area bounded by a line sequentially joining thefollowing coordinates:
— latitude 43º46,5 ′N, longitude 7º54,4 ′W,
— latitude 44º1,5 ′N, longitude 7º54,4 ′W,
— latitude 43º25 ′N, longitude 9º12 ′W,
— latitude 43º10 ′N, longitude 9º12 ′W;
(c) from 1 December to the last day of February inthe followin g year,
within the geographical area bounded by a line joining thefollowing coordinates:
— a point on the west coast of Portugal at latitude 37º 50 ′N,
— latitude 37º 50 ′N, longitude 9º 08 ′W,
— latitude 37º 00 ′N, longitude 9º 07 ′W,
— a point on the west coast of Portugal at latitude 37º 00 ′N.1998R0850 — EN — 23.08.2004 — 006.001 — 16
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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 accor-
dance with the provisions laid down in Article 20(1) of Regulation
(EEC) No 2847/93.
Article 29
Conditionsapplicableinamajorplaicenurseryarea
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
51º 00′N, Belgium, and the Netherlands up to latitude 53º 00 ′N,
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 57º 00 ′N,
— latitude 57º 00 ′N, longitude 7º 15 ′E,
— latitude 55º 00 ′N, longitude 7º 15 ′E,
— latitude 55º 00 ′N, longitude 7º 00 ′E,
— latitude 54º 30 ′N, longitude 7º 00 ′E,
— latitude 54º 30 ′N, longitude 7º 30 ′E,
— latitude 54º 00 ′N, longitude 7º 30 ′E,
— latitude 54º 00 ′N, longitude 6º 00 ′E,
— latitude 53º 50 ′N, longitude 6º 00 ′E,
— latitude 53º 50 ′N, longitude 5º 00 ′E,
— latitude 53º 30 ′N, longitude 5º 00 ′E,
— latitude 53º 30 ′N, longitude 4º 15 ′E,
— latitude 53º 00 ′N, longitude 4º 15 ′E,
— a point on the coast of the Netherlands at latitude 53º 00 ′N;
(c) the area within12 miles of the west coast of Den mark from lati-
tude 57º 00 ′N as far north as the Hirtshals Lighthouse, measured
from the baselines.
2. (a) However, vessels to which a special fishing permit has been
issued inaccordan ce with Article 7(3) of Regulation(EC) No1627/94 shall be authorised to fish inthe areas referred to in
paragraph 1 using beam trawls. The use of any beam trawl of
which 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 when
operating with gear having a mesh size between 16 and 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 withineach list does n ot exceed thetotal engine power in evidence for each Member State at 1
January 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.1998R0850 — EN — 23.08.2004 — 006.001 — 17
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(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,
— 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
inthis paragraph shall have their special fishin g 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 and
99 millimetres, provided that an additional special fishing permit to
this effect has beenissued to these vessels. This addition al specialfishing permit shall be annually reviewed.
Any vessel or vessels to which such an additional special fishing
permit has beenissued may be replaced by an other vessel, providedthat:
— the replacement vessel does not exceed 70 GRT and does not
exceed anoverall len gth 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 derogationfrom 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, ►
M3shall be authorised to fish inthe
areas referred to inthat paragraph usin g demersal otter
trawls or Danish seine ◄,
— paired vessels whose combined engine power does not
exceed 221 kW at any time and, in the case of derated
engines did not exceed 300 kW before derating, shall be
authorised to fish insaid areas usin g demersal pair trawls.
(b) However, vessels whose engine power exceeds 221 kW shall be
permitted to use demersal otter trawls or Danish seine, or pairedvessels whose combined engine power exceeds 221 kW shall bepermitted to use demersal pair trawls, provided that:
(i) — the catch of sand eel and/or sprat retained on board and
caught inthe said areas con stitutes at least 90 % of the
total live weight of the marine organisms on board and
caught inthe said areas, an d
— the quantities of plaice and/or sole retained on board
and caught in the said areas do not exceed 2 % of the1998R0850 — EN — 23.08.2004 — 006.001 — 18
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total live weight of the marine organisms on board and
caught inthe said areas;
or
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pair trawls, the mesh size used is at least 100 milli-metres, 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 inthe said areas;
or
(iii) — the mesh size used is at least 80 millimetres, and
— the use of such mesh sizes is restricted to anarea within
12 miles of the coast of France north of latitude 51º 00 ′
N, and
— the ►
M1quantities of plaice and/or sole ◄retained
on board and caught in the said areas, do not exceed5 % of the total live weight of the marine organisms
onboard an d caught inthe said areas;
or
(iv) in the case of Danish seine, the mesh size used is at least
100 millimetres.
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trawls or Danish seine may not be used ◄, the carrying on board of
such nets shall be prohibited, unless they are lashed and stowed inaccordance with the provisions laid down in Article 20(1) of Regula-tion(EEC) No 2847/93.
6. Detailed rules for the implementation of this Article shall be
drawnup inaccordan ce with the procedure laid downinArticle 48.
Article 29a
Restrictionsonfishingforsandeels
1. During the years 2000, 2001 and 2002, it shall be prohibited to
land or retain on board sand eels caught within the geographical areabounded by the east coast of England and Scotland, and a line sequen-tially joining the following coordinates:
— the east coast of England at latitude 55º 30 ′N,
— latitude 55º 30 ′N, longitude 1º 00 ′W,
— latitude 58º 00 ′N, longitude 1º 00 ′W,
— latitude 58º 00 ′N, longitude 2º 00 ′W,
— the east coast of Scotland at longitude 2º 00 ′W.
2. Before 1 March 2001 and again before 1 March 2002, the
Commissionwill report to the Coun cil onthe effects of the provision
contained in paragraph 1. On the basis of the said reports, the Commis-
sion may propose appropriate amendments to the conditions indicatedinparagraph 1.
TITLE V
RESTRICTIONS ON CERTAIN TYPES OF FISHING AND
ASSOCIATEDACTIVITIES
Article 30
Restrictionsontheuseofdemersaltowedgears
1. Vessels shall be prohibited from having on board or using any
beam trawl of which the beam length, or any beam trawls of whichthe aggregate beam length measured as the sum of the length of each1998R0850 — EN — 23.08.2004 — 006.001 — 19
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beam, is greater than 24 metres or can be extended to a length greater
than24 metres. The len gth of a beam shall be measured betweenitsextremities including all attachments thereto.
2. Vessels shall be prohibited from using any beam trawl of which
the mesh size lies between32 an d 99 millimetres withineither 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 55º
N,
— theneast to latitude 55º N, lon gitude 5º E,
— thenn orth to latitude 56º N,— and finally east to a point on the west coast of Denmark at lati-
tude 56º N;
(b) ICES Division Vb and ICES sub-area VI north of latitude 56ºN.
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 in
accordance with the provisions laid down in Article 20(1) of Regula-
tion(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 an d 99 millimetres withinthe geographical area set out in
paragraph 2(a). Within this area, the keeping on board of any demersalotter trawl, demersal pair trawl or Danish seine of which the mesh sizelies between 80 and 99 millimetres shall be prohibited, unless such anet is lashed and stowed in accordance with the provisions laid down
inArticle 20(1) of Regulation(EEC) No 2847/93.
4. Vessels shall be prohibited from using any bottom trawl or
similar towed nets operating in contact with the bottom of the sea inthe area bounded by a line joining the following coordinates:
Latitude 59º54 N Longitude 6º55 W
Latitude 59º47 N Longitude 6º47 WLatitude 59º37 N Longitude 6º47 WLatitude 59º37 N Longitude 7º39 WLatitude 59º45 N Longitude 7º39 WLatitude 59º54 N Longitude 7º25 W.
Article 31
Unconventionalfishingmethods
1. The catching of marine organisms using methods incorporating
the use of explosives, poisonous or stupefying substances or electric
current shall be prohibited.
2. The sale, display or offer for sale of marine organisms caught
using methods incorporating the use of any kind of projectile shall be
prohibited.
Article 32
Restrictionsontheuseofautomaticgradingequipment
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.1998R0850 — EN — 23.08.2004 — 006.001 — 20
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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 than70 millimetres or on e or more
purse seines or similar fishing gears;
or
(b) (i) the whole of the catch which may be lawfully retained on
board is stored ina frozenstate, the graded fish are frozen
immediately after grading and no graded fish are returned tothe sea except 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
return of 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 34
Restrictions on fishing activities in the 12-mile zone around the
UnitedKingdomandIreland
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 aremeasured.
2. However, vessels in any of the following categories are
authorised to fish inthe areas referred to inparagraph 1 usin g 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 1986 whose
engine is not derated, whose engine power does not exceed 221
kW, and whose length overall does not exceed 24 metres;
(c) a vessel which had its engine replaced after 31 December 1986
with an engine which is not derated and whose power does notexceed 221 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 beam
length, measured as the sum of the length of each beam, is greaterthan nine metres or can be extended to a length greater than ninemetres, shall be prohibited, except when operating with gear having amesh size between 16 and 31 millimetres. The length of a beam shallbe measured between 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 fishing activ-
ities referred to inthose 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 provisionslaid downinArticle 20(1) of Regulation(EEC) No 2847/93.
6. Detailed rules for the implementation of this Article shall be
drawnup inaccordan ce with the procedure laid downinArticle 48.1998R0850 — EN — 23.08.2004 — 006.001 — 21
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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 return ed immediately to the sea, whentakenwithinan y 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 inthe waters situated withinthree milesof the baselines in the Skagerrak and Kattegat shall be prohibited.
2. However, when trawling within the waters and during the period
referred to inparagraph 1:
— for northern shrimp ( Pandalus borealis ), nets with a minimum
mesh size of 30 millimetres may be used,
— for eelpout ( Zoarces viviparus ), gobies (Gobiidae) or scorpionfish
(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 and
Sunday 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 be
used, the carrying on board of such nets shall be prohibited, unlessthey are lashed and stowed in accordance with the provisions laiddowninArticle 20(1) of Regulation(EEC) No 2847/93.
TITLE VII
TECHNICALPROVISIONS
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 trans-hipment of offal.1998R0850 — EN — 23.08.2004 — 006.001 — 22
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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 out
with the permission and under the authority of the Member State orMember States concerned, and of which the Commission and theMember State or Member States inwhose 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 of
Council Regulation (EEC) No 3759/92 of 17 December 1992 on
the common organisation of the market in fishery and aquacultureproducts (
1), or
— they are sold directly for purposes other than human consumption.
Article 44
Artificial restockingandtransplantation
1. This Regulation shall not apply to fishing operations conducted
solely for the purpose of artificial restocking or transplantation of
marine 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 the
Member 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
standards adopted pursuant to Article 2 of Regulation (EEC) No 3759/92 are complied with.
TITLE VIII
FINALPROVISIONS
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 appro-priate non-discriminatory conservation measures in respect of the
waters under its jurisdiction.
3. The measures referred to inparagraph 2, together with anexpla-
natory memorandum, shall be communicated to the Commission and
the other Member States as soonas they are adopted.
Within 10 working days of receipt of such notification, the Commis-
sion shall confirm such measures, or require their cancellation or
amendment. The Commission's decision shall be immediately notifiedto the Member States.1998R0850 — EN — 23.08.2004 — 006.001 — 23
(1) OJ L 388, 31.12.1992, p. 1. Regulationas last amen ded by Regulation(EC)
No 3318/94 (OJ L 350, 31.12.1994, p. 15).
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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 deci-
sion within one month.
Article 46
1. Member States may take measures for the conservation and
management of stocks:
(a) inthe case of strictly local stocks which are of in terest solely to 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
onfisheries; or
(ii) going beyond the minimum requirements laid down in the said
legislation;
provided that such measures apply solely to fishing vessels flying the
flag of the Member State concerned and registered in the Community
or, in the case of fishing activities which are not conducted by a fishingvessel, to persons established in the Member State concerned.
2. The Commission shall be informed, in time for it to present its
observations, of any plans to introduce or amend national technical
measures.
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
the said notification, so that the Commission can decide within that
period whether the measures inquestioncomply with the provision sof paragraph 1.
Where the Commission finds, by a decision which it shall communi-
cate to all Member States, that a planned measure does not comply
with the provisions of paragraph 1, the Member State concerned maynot bring it into force without making the necessary amendmentsthereto.
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 technicalmeasures comply with the provisions of paragraph 1.
4. At the initiative of the Commission, or at the request of any
Member State, the question of whether a national technical measure
applied by a Member State complies with paragraph 1 of this Articlemay be the subject of a decisiontakeninaccordan ce with the proce-dure laid downinArticle 48. Should such a decisionbe taken , thethird and fourth subparagraphs of paragraph 2 shall apply.
5. Measures relating to fishing from the shore shall be communi-
cated by the Member State concerned to the Commission forinformation purposes 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 fromthe Commission, on the establishment of rules for the use of mesh
size combinations to be applied on the date of application of this Regu-
lation.
At the latest three years after the date of applicationof this Regulation ,
the Council shall decide, on the basis of a proposal from the Commis-1998R0850 — EN — 23.08.2004 — 006.001 — 24
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sion, on revisions and amendments to the conditions laid out in
Annexes I 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 shall
give 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 Commissionshall report, an d at the same time submit appropriate
proposals, on the findings of the said experimental projects to the
Council at the latest four years after the date of adoption of this Regu-
lation.
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 inaccordan ce with the procedure laid downinArticle 18 ofRegulation(EEC) No 3760/92. These rules may in clude, 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 correlation
table set out in Annex XV.
The scientific names of marine organisms specifically mentioned in
this Regulation are set out in Annex XIV.
Article 50
This Regulation shall enter into force on the seventh day following its
publicationinthe 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
inall Member States.1998R0850 — EN — 23.08.2004 — 006.001 — 25
ANNEX I
TOWEDGEARS: Regions 1 and 2, except Skagerrak and Kattegat
Meshsizeranges,targetspecies,andrequiredcatchpercentagesapplicabletotheuseofasinglemeshsizerange
Target speciesMesh size range (millimetres)
<1 6 1 6t o3 1 3 2t o5 455 to
6970 to
7980 to 99 ≥100
Minimum percentage of target species
9590/60
(3)(5)60 3090/60
(4)90 35 3070
(6)None
Sand eels(Ammodytidae) (1)× × × × × × ×
Sand eels(Ammodytidae) (2)× × × × × ×
Norway pout (Trisopterus esmarkii) ×× × × × ×
Smelt(Atherina spp. andOsmerus spp.) × × × × × ×
Poor cod(Trisopterus minutus) ×× × × × ×
Silvery cod (Gadus argenteus) ×× × × × ×
Red bandfish (Cepolidae) ×× × × × ×
Sprat(Sprattus sprattus) ×× × × × ×
Eel(Anguilla anguilla) ×× × × × ×
Anchovy(Engraulis encrasicholus) ×× × × × ×
Blue whiting (Micromesistius poutassou) ×× × × × ×
Argentines (Argentinidae) ×× × × × ×
Sardine(Sardina pilchardus) ×× × × × ×
Shrimps/Commonprawn s (Pandalus montagui, Crangon spp.,
Palaemon spp.)××× ××××
Mackerel(Scomber spp.) ∅ ××××××
Horse mackerel (Trachurus spp.) × × × × ×
Herring(Clupea harengus) ×× × × ×
Squids(Loliginidae, Ommastrephidae) ∅ ×× × × ×▼B1998R0850 — EN — 23.08.2004 — 006.001 — 26
Target speciesMesh size range (millimetres)
<1 6 1 6t o3 1 3 2t o5 455 to
6970 to
7980 to 99 ≥100
Minimum percentage of target species
9590/60
(3)(5)60 3090/60
(4)90 35 3070
(6)None
Garfish(Belonespp.) ∅ ×× × × ×
Bib(Trisopterus luscus) ∅ ×× × × ×
Prawns(Pandalus spp.,Parapenaeus longirostris) ∅ ×× × × ×
Conger(Conger conger) ∅ÿ× × × ×
Weevers(Trachinidae) ∅ÿ× × × ×
Gurnards(Triglidae) ÿ× × × ×
Octopus(Octopus vulgaris) ∅ÿ× × × ×
Squat lobsters (Galatheidae) ∅ÿ× × × ×
Norway lobster (Nephrops norvegicus) ∅ÿ× × × ×
Sole(Solea vulgaris) ∅ÿ× ×
Plaice(Pleuronectes platessa) ∅ÿ× ×
Hake(Merluccius merluccius) ∅ÿ× ×
Megrim(Lepidorhombus spp.) ∅ÿ× ×
Whiting(Merlangius merlangus) ∅ÿ× ×
Brill(Scophthalmus rhombus) ∅ÿ× ×
Pollack(Pollachius pollachius) ∅ÿ× ×
Dab(Limanda limanda) ∅ÿ× ×
Cuttlefish(Sepia officinalis) ∅ÿ× ×
Sea bass(Dicentrarchus labrax) ∅ÿ× ×
Flounder(Platichthys flesus) ∅ÿ× ×
Lemonsole (Microstomus kitt) ∅ÿ× ×
Dogfish(Scyliorhinidæ) ∅ÿ× ×
Witch(Glyptocephalus cynoglossus) ∅ÿ× ×▼B1998R0850 — EN — 23.08.2004 — 006.001 — 27
Target speciesMesh size range (millimetres)
<1 6 1 6t o3 1 3 2t o5 455 to
6970 to
7980 to 99 ≥100
Minimum percentage of target species
9590/60
(3)(5)60 3090/60
(4)90 35 3070
(6)None
JohnDory (Zeus faber) ∅ÿ× ×
Queenscallop (Chlamys opercularis) ∅ÿ× ×
Variegated scallop (Chlamys varia) ∅ÿ× ×
Red mullets (Mullidae) ∅ÿ× ×
Grey mullets (Mugilidae) ∅ÿ× ×
Grenadiers (Nezumia spp.,Trachyrhynchus spp.,Malococe-
phalusspp.)∅ÿ× ×
Hairtails(Trichiuridae) ∅ÿ× ×
Anglers(Lophiidae) ∅ÿ× ×
Skates and rays (Rajidae) ∅ÿ× ×
Sea breams (Sparidae) ∅ÿ× ×
Turbot(Psetta maxima) ∅ÿ× ×
All other marine organisms ×
►M1(1) In the North Sea from 1 March to 31 October, and during the whole of the year in the remainder of Regions 1 and 2, except Skagerrak and Kattegat. ◄
(2) Inthe 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 16 to 31 mm mesh size are stipulated in Com munity
legislation fixing, for certain fish stocks and groups of fish stocks, total allowable catches and certain conditions under which they may be fished.
►M1(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 and sub-area VI north of latitude 56ºN. ◄▼B1998R0850 — EN — 23.08.2004 — 006.001 — 28
ANNEX II
TOWEDGEAR: Region 3, except ICES Division IXa east of longitude 7º23 ′48″W
Meshsizeranges,targetspeciesandrequiredcatchpercentagesapplicabletotheuseofasinglemeshsizerange
Target speciesMesh size range (millimetres)
16 to 31 32 to 54 55 to 59 60 to 69 ≥70
Minimum percentage of target species
50 % 90 % 90 % 90 % 30 % 70 % 70 % None
Sand eels(Ammodytidae) ××× × ×
Norway pout (Trisopterus esmarkii) ××× × ×
Sprat(Sprattus sprattus) ××× × ×
Eel(Anguilla anguilla) ××× × ×
Anchovy(Engraulis encrasicolus) ××× × ×
Smelt(Atherina spp. andOsmerus spp.) ××× × ×
Poor cod(Trisopterus minutus) ××× × ×
Silvery cod (Gadus argenteus) ××× × ×
Red bandfish (Cepolidae) ××× × ×
Sardine(Sardina pilchardus) ××× × ×
Swimming crab (Polybius henslowi) ×× × × ×
Shrimps(Pandalus mantagui, Crangon spp.,Palaemon spp.) × ××××××
Mackerel(Scomber spp.) ×× × ×
Horse mackerel (Trachurus spp.) ×× × ×
Herring(Clupea harengus) ×× × ×
Blue whiting (Micromesistius poutassou) ×× × ×
Argentines (Argentinidae) ×× × ×
Squids(Loliginidae, Ommastrephidae) ×× × ×
Garfish(Belonespp.) ×× × ×▼B1998R0850 — EN — 23.08.2004 — 006.001 — 29
Target speciesMesh size range (millimetres)
16 to 31 32 to 54 55 to 59 60 to 69 ≥70
Minimum percentage of target species
50 % 90 % 90 % 90 % 30 % 70 % 70 % None
Pouting(Trisopterus spp.) ×× × ×
Wedge sole (Dicologoglossa cuneata) ×× × ×
Prawns(Pandalus spp.) × ××××
Breams(Bramidae, Berycidae) ×××
Conger(Conger conger) ×××
Sea breams (Sparidae exceptSpondyliosoma cantharus) ×××
Rockfish(Scorpaenidae) ×××
Sole(Microchirus azevia, Microchirus variegatus) ×××
Forkbeard(Phycisspp.) ××
Weevers(Trachinidae) ×××
Gurnards(Triglidae) ×××
Picarels(Centracanthidae) ×××
Octopus(Octopus vulgaris, Eledone cirrosa) ×××
Wrasses(Labridae) ×××
Shrimps(Aristeus antennatus, Aristaeomorpha foliacea,
Parapenaeus longirostris)×× ×
Cuttlefish(Sepia officinalis) ××
Grenadiers (Malacocephalus spp.,Nezumia spp.,
Trachyrhynchus spp.)××
Dogfish(Scyliorhinidae) s××
Commonmora (Mora moro) ××
Squat lobsters (Galatheidae) ××
JohnDory (Zeus faber) ××
Red mullets (Mullidae) ××▼B1998R0850 — EN — 23.08.2004 — 006.001 — 30
Target speciesMesh size range (millimetres)
16 to 31 32 to 54 55 to 59 60 to 69 ≥70
Minimum percentage of target species
50 % 90 % 90 % 90 % 30 % 70 % 70 % None
All other marine organisms ×▼B1998R0850 — EN — 23.08.2004 — 006.001 — 31
▼B
ANNEX III
TOWEDGEARS: ICES Division IXa east of longitude 7º23 ′48″W
Meshsizeranges,targetspeciesandrequiredcatchpercentagesapplicabletotheuseofasingle
meshsizerange
Target speciesMesh size range (millimetres)
40 to 54 ≥55
Minimum percentage of target species
60 % (1) None
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 — 23.08.2004 — 006.001 — 32
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ANNEX IV
TOWEDGEARS:— Skagerrak and Kattegat
Meshsizeranges,targetspeciesandrequiredcatchpercentagesapplicabletotheuseofasingle
meshsizerange
SpeciesMesh size range (millimetres)
< 16 16-31 32-69 70-89 ≥90
Minimum percentage of target species
50 % 50 % 20 % 50 % 20 % 50 % 30 % none
Sand eels ( Ammodytidae )(3) ××××××××
Sand eels ( Ammodytidae )(4) × ×××××
Norway pout ( Trisopterus esmarkii ) × ×××××
Blue whiting ( Micromesistius
poutassou )×× × × × ×
Greater weever ( Trachinus draco )(1) × ×××××
Molluscs (except Sepia)(1) × ×××××
Garfish (Belone belone )(1) × ×××××
Gray gurnard ( Eutrigla gurnardus )(1) × ×××××
Argentine ( Argentina spp. ) × ×××××
Sprat (Sprattus sprattus ) × ×××××
Eel (Anguilla anguilla ) ××××××
Commonshrimp/Baltic shrimp
(Crangon spp., Palaemon
adspersus )(2)××××××
Mackerel (Scomber spp. )× × × ×
Horse mackerel ( Trachurus spp. )× × × ×
Herring (Clupea harengus )× × × ×
Northernshrimp ( Pandalus borealis )× × × ×
Commonshrimp ( Crangon spp.,
Palaemon adspersus )(1)××××
Whiting (Merlangius merlangus )× ×
Norway lobster ( Nephrops
norvegicus )××
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 October inSkagerrak an d from 1 March to 31 July inKattegat.
(4) From 1 November to the last day of February inSkagerrak an d from 1 August to the last day of February in
Kattegat.1998R0850 — EN — 23.08.2004 — 006.001 — 33
▼B
ANNEX V
TOWEDGEARS: Regions 4, 5 and 6
A.Regions4and5
SpecieMesh size range (millimetres)
20 to 39 40 to 64 ≥65
Minimum percentage of target species
50 % 80 % None
Bogue(Boops boops) ***
Sardine(Sardina pilchardus) ***
Mackerel(Scomber spp.) **
Horse mackerel (Trachurus spp.) **
All other marine organisms *
B.Region6
SpeciesMesh size range (millimetres)
45 to 50 ≥100
Minimum percentage of target species
30 % None
Shrimps(Penaeus subtilis, Penaeus brasiliensis,
Xiphopenaeus kroyeri)**
All other marine organisms *1998R0850 — EN — 23.08.2004 — 006.001 — 34
▼M6
ANNEX VI
FIXEDGEARS: Regions 1 and 2
SpeciesMesh
10-
30 mm50-
70 mm90-
99 mm100-
119 mm120-
219 mm≥220mm
Sardine(Sardina pilchardus) ** * ***
Eel(Anguilla anguilla) ** * ***
Sprat(Sprattus sprattus) ** * ***
Horse mackerel ( Trachurus spp.) * * * * *
Herring(Clupea harengus) ** * * *
Mackerel (Scomber spp.) * * * * *
Red mullets (Mullidae) ** * * *
Garfish (Belonespp.) * * * * *
Sea bass(Dicentrarchus labrax) ** * *
Grey mullets (Mugilidae) ** * *
Lesser spotted dogfish
(Scyliorhinus canicula)** * *
Dab(Limanda limanda) *(1)* * *
Haddock(Melanogrammus
aeglefinus)***
Whiting(Merlangius
merlangus) (2)*(1)* * *
Flounder(Platichthys flesus) *(1)* * *
Sole(Solea vulgaris) *(1)* * *
Plaice(Pleuronectes platessa) ***
Cuttlefish(Sepia officinalis) ***
Cod(Gadus morhua) **
Pollack(Pollachius pollachius) (3)* *
Ling(Molva molva) **
Saithe(Pollachius virens) **
Hake(Merluccius merluccius) (3)* *
Picked dogfish (Squalus
acanthias)**
Greater spotted dogfish
(Scyliorhinus stellaris)**
Megrim (Lepidorhombus spp.) * *
Lumpsucker (Cyclopterus lumpus) **
All other marine organisms * (4)
(1) Applicable only in ICES Divisions VIId and IIIa and in the North Sea.
(2) InICES divisionVIIe the min imum size shall be 90 mm.
(3) In ICES divisions VIId and VIIe the minimum size shall be 110 mm.
(4) Catches of anglerfish ( Lophiusspp.) taken ICES Sub-areas VI and VII and retained on board in excess of 30 %
of the total catch onboard from those areas must be takenwith a min imum mesh size of 250 mm or greater.1998R0850 — EN — 23.08.2004 — 006.001 — 35
▼B
ANNEX VII
FIXEDGEARS: Region 3
Mesh size
Species<4 0m m40 to
49 mm50 to
59 mm60 to
79 mm80 to
99 mm≥100mm
Sardine(Sardina pilchardus) ××××××
Shrimps(Palaemon spp.) ××××××
Rainbow wrasse (Coris julis) ××××××
Bogue(Boops boops) ××××××
Shrimps(Penaeus spp.) ×××××
Mantis shrimps (Squilla mantis) ×××××
Red mullets (Mullidae) ×××××
Wedge sole (Dicologoglossa
cuneata)×××××
Wrasses(Labridae) ×××××
Horse mackerel (Trachurus spp.) ××××
Mackerel(Scomber spp.) ××××
Bib(Trisopterus luscus) ××××
Cuttlefish(Sepia officinalis) ××××
Gurnards(Triglidae) ××××
Sea breams (Sparidae) ×××
Rockfish(Scorpaenidae) ×××
Eyed sole(Microchirus acevia) ×××
Shortfinned squids
(Ommatostrephidae)×××
Conger(Conger conger) ×××
Forkbeard(Phycisspp.) ×××
Brill(Scophtalmus rhombus) ×××
Weevers(Trachinidae) ×××
Picarels(Centracanthidae) ×××
Sea bass(Dicentrarchus labrax) ××
Whiting(Merlangius merlangus) ××
Turbot(Psetta maxima) ××
Pollack(Pollachius pollachius) ××
Flounders(Pleuronectidae) ××
Sole(Solea vulgaris) (1)×
Hake(Merluccius merluccius) (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 anglerfish ( Lophiusspp.) and retained on board in excess of 30 % of the total catch on board must be
takenwith min imum mes size of 220 mm or greater.1998R0850 — EN — 23.08.2004 — 006.001 — 36
▼B
ANNEX VIII
Permitted combinations of mesh size ranges for Regions 1 and 2, except
SkagerrakandKattegat
Millimetres
< 16 + 16 to 31
16 to 31 + 32 to 54
16 to 31 + 70 to 79
16 to 31 + 80 to 99
16 to 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 + ≥1001998R0850 — EN — 23.08.2004 — 006.001 — 37
▼B
ANNEX IX
PermittedcombinationsofmeshsizerangesforRegion3,exceptICESDivi-
sionIXaeastoflongitude7º23 ′48″W
Millimetres
16 to 31 + 32 to 54
16 to 31 + ≥70
32 to 54 + ≥70
55 to 59 + ≥70
60-69 + ≥701998R0850 — EN — 23.08.2004 — 006.001 — 38
▼M1
▼M2
ANNEX X
A. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH
SIZE IN REGIONS 1 AND 2, EXCEPT SKAGERRAK AND KATTEGAT
1.Meshsizecombination:16to31mm+ ≥100mm
The catch retained on board shall consist of at least 20 % of any mixture
of shrimps and common prawns ( Pandalus montagui ,Crangon spp. and
Palaemon spp.).
2.Meshsizecombination:32to54mm+>=100mm
The catch retained on board or landed shall consist of at least 20 % of
any mixture of shrimps and prawns ( Crangon spp.,Pandalus spp.,
Palaemon spp.,Parapenaeus longirostris );
orthe catch retained on board or landed shall consist of at least 50 % of any
mixture of those marine organisms indicated in Annex I as the target
species for mesh sizes between32 an d 54 mm, with the exceptionof
shrimps and prawns ( Crangon spp.,Pandalus spp.,Palaemon spp.,Para-
penaeus longirostris ) and of no more than 15 % of any mixture of the
species marked in Annex I with the symbol ‘y’.
3.Meshsizecombination:70to79mm+>=100mm
The catch retained on board or landed shall consist of at least 10 % of
any mixture of those marine organisms indicated in Annex I as the target
species for mesh sizes between70 an d 79 mm.
4.Meshsizecombination:80to99mm+ ≥100mm
The catch retained on board shall consist of at least 45 % of any mixture
of those marine organisms indicated in Annex I as the target species for
mesh sizes between80 an d 99 mm.
B. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH
SIZE IN SKAGERRAK AND KATTEGAT
Meshsizecombination<=89mm +>=90mm
The catch retained on board or landed shall consist of at least 10 % of any
mixture of those marine organisms indicated in Annex IV as the target
species for mesh sizes between70 an d 89 mm.1998R0850 — EN — 23.08.2004 — 006.001 — 39
▼M6
▼M2
▼M6
▼M2
▼M2
ANNEX XI
A. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH
SIZE IN REGION 3, EXCEPT ICES DIVISION IXa EAST OF LONGI-
TUDE 7º 23 ′48″W
1.Meshsizecombination:16to31mm+>=70mm
The catch retained on board or landed shall consist of at least 40 % of
any mixture of shrimps ( Pandalus montagui ,Crangon spp. andPalaemon
spp.) and swimming crab;
orThe catch retained on board or landed shall consist of at least 70 % of
any mixture of those marine organisms indicated in Annex II as the target
species for mesh sizes between16 an d 31 mm, with the exceptionof
shrimps (Pandalus montagui ,Crangon spp. andPalaemon spp.) and
swimming crab.
2.Meshsizecombination:32to54mm+>=70mm
The catch retained on board or landed shall consist of at least 70 % of
any mixture of those marine organisms indicated in Annex II as the target
species for mesh sizes between32 an d 54 mm, with the exceptionof
shrimps and prawns ( Pandalus spp.,Crangon spp. andPalaermon spp.).
3.Meshsizecombination:55-59mm +>=70mm
The catch retained on board or landed shall consist of at least 20 % of
any mixture of shrimps and prawns ( Pandalus spp.,Crangon spp.,
Palaemon spp.,Aristeus antennatus ,Aristaeomorpha foliacea ,Parape-
naeus longirostris );
or
The catch retained on board or landed shall consist of at least 60 % of
any mixture of those marine organisms indicated in Annex II as the target
species for mesh sizes between55 an d 59 mm, with the exceptionof
shrimps and prawns ( Pandalus spp.,Crangon spp.,Palaemon spp.,Aris-
teus antennatus ,Aristaeomorpha foliacea ,Parapenaeus longirostris ).
4.Meshsizecombination:60to69mm+>=70mm
The catch retained on board or landed shall consist of at least 60 % of
any mixture of those marine organisms indicated in Annex II as the target
species for mesh sizes between60 an d 69 mm.
B. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH
SIZE IN ICES DIVISION IXa EAST OF LONGITUDE 7º 23 ′48″W
Meshsizecombination40-54mm+>=55mm
The catch retained on board or landed shall consist of at least 50 % of any
mixture of those marine organisms indicated in Annex III as the target
species for mesh sizes between40 an d 54 mm.1998R0850 — EN — 23.08.2004 — 006.001 — 40
▼B
ANNEX XII
MINIMUMSIZES
SpeciesMinimum size
Regions 1 to 5, except
Skagerrak/KattegatSkagerrak/Kattegat
Cod(Gadus morhua) 35 cm 30 cm
Haddock(Melanogrammus aeglefinus) 30 cm 27 cm
Saithe(Pollachius virens) 35 cm 30 cm
Pollack(Pollachius pollachius) 30 cm —
Hake(Merluccius merluccius) 27 cm 30 cm
Megrim(Lepidorhombus spp.) 20 cm 25 cm
Sole(Soleaspp.) 24 cm 24 cm
Plaice(Pleuronectes platessa) ►M627 cm◄ 27 cm
Whiting(Merlangius merlangus) 27 cm 23 cm
Ling(Molva molva) 63 cm —
Blue ling(Molva dipterygia) 70 cm —
Bass(Dicentrarchus labrax) 36 cm —
Norway lobster (Nephrops norvegicus) (1)
Norway lobster tails130 (40) mm (1)
►M1Mackerel(Scomber spp.)◄ 20 cm (2)
Herring(Clupea harengus) 20 cm 18 cm
►M1Horse mackerel (Trachurus spp.)◄ 15 cm
►M6(6)◄15 cm
Sardine(Sardina pilchardus) 11 cm —
Lobster(Homarus gammarus) 85 mm (3) 220 (78) mm (1)
Spinous spider crab (Maia squinado) 120 mm —
Queenscallop (Chlamys spp.) 40 mm —
Grooved carpetshell (Ruditapes decussatus) 40 mm —
►M5Carpetshell (Venerupis pullastra) ◄► M538 mm ◄ —
Short-necked clam (Ruditapes philippinarum) 40 mm —
Clam(Venus verrucosa) 40 mm —
Hard clam (Callista chione) 6c m
Razor clam (Ensisspp) 10 cm
►M6Surf clams (Spisula solida) ◄ 25 mm
Donax clams (Donaxspp.) 25 mm1998R0850 — EN — 23.08.2004 — 006.001 — 41
▼M5
▼B
▼B
SpeciesMinimum size
Regions 1 to 5, except
Skagerrak/KattegatSkagerrak/Kattegat
Beansolen (Pharus legumen) 65 mm
Whelk(Buccinum undatum) 45 mm —
Octopus(Octopus vulgaris) 750 grammes
Crawfish(Palinurus spp.) ►M695 mm ◄
Deepwater rose shrimp (Parapenaeus longirostirs) 22 mm (carapace
length)1998R0850 — EN — 23.08.2004 — 006.001 — 42
▼M5
▼B
▼M7
▼B
▼M5
▼B
SpeciesMinimum Size; Regions 1 to 5, except Skagerrak/
Kattegat
Norway lobster (Nephrops norvegicus) Whole area, except Region3 an d ICES VIa,
VIIa: total length 85 mm, carapace length 25 mm
ICES VIa, VIIa; Region3: total len gth 70 mm,
carapace length 20 mm
Norway lobster tails Whole area, except Region3 an d ICES VIa,
VIIa: 46 mm
ICES VIa, VIIa; Regione 3: 37 mm
►M1Mackerel(Scomber spp.)◄ Whole area, except North Sea: 20 cm
North Sea: 30 cm
Anchovy(Engraulis encrasicolus) Whole area, except ICES IXa east of longitude
7º 23′48″W: 12 cm
ICES IXa east of longitude 7º 23 ′48″W: 10 cm
Edible crab (Cancer pagarus) Regions 1 and 2 north of 56º N: 140 mm
Region2 south of 56º N, except ICES Division s
VIId, e, f, and ICES Divisions IVb, c: 130 mm
ICES Divisions IVb, c south of 56 ºN: 130 mm,
except for anarea limited by a poin t at
53º28′22″N, 0º09 ′24″E, onthe coast of
England, a straight line joining this point with
53º28′22″N, 0º22 ′24″E, the 6 mile boundary
of the United Kingdom, and a straight line
connecting a point at 51º54 ′06″N, 1º30 ′30″E,
with a point on the coast of England at
51º55′48″N, 1º17 ′00″E, where the minimum
landing size shall be 115 mm
ICES Divisions VIId, e, f: 140 mm
Region3: 130 mm
Scallop(Pecten maximus) Whole area, except ICES VIIa north of 52º 30 ′N
VIId: 100 mm
ICES VIIa north of 52º 30 ′N,►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.
►M7 ◄
►M6(6) No minimum size will apply to horse mackerel ( Trachurus picturatus ) caught inwaters adjacen t to the
Azores islands and under the sovereignty or jurisdiction of Portugal. ◄1998R0850 — EN — 23.08.2004 — 006.001 — 43
▼M6
▼B
▼B
ANNEX XIII
MEASUREMENTOFTHESIZEOFAMARINEORGANISM
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 showninFigure 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,
— inthe case of detached Norway lobster tails: from the fron t edge of the
first tail segment present to the rear end of the telson, not including the
setae. The tail shall be measured flat, unstretched and on the dorsal side.
3. The size of a lobster ►M6 ◄from Regions 1 to 5 except
Skagerrak/Kattegat shall be measured as showninFigure 3, as the len gth of
the carapace, parallel to the midline, from the back of either eye socket to the
distal edge of the carapace.
4. The size of a lobster from Skagerrak or Kattegat shall be measured as shown
inFigure 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. (a) The size of a spinous spider crab shall be measured, as shown in Figure
4A, as the length of the carapace, along the midline, from the edge of the
carapace betweenthe rostrums to the posterior edge of the carapace.
(b) The size of anedible crab shall be measured, as showninFigure 4B as
the maximum width of the carapace measured perpendicular to the
antero-posterior midline of the carapace.
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 showninFigure 6 as the len gth of
the shell.
8. The size of a crawfish shall be measured as showninFigure 7 as the len gth
of the carapace from the tip of the rostrum to the midpoint of the distal edge
of the carapace.1998R0850 — EN — 23.08.2004 — 006.001 — 44
▼M1
▼B
▼M6
▼B
Figure 1
1998R0850 — EN — 23.08.2004 — 006.001 — 45
▼B
Figure 2
Figure 3
(a) Carapace length
(b) Overall length1998R0850 — EN — 23.08.2004 — 006.001 — 46
▼M1
Figure 4A
Figure 4B
1998R0850 — EN — 23.08.2004 — 006.001 — 47
▼B
▼B
Figure 5
Figure 6
1998R0850 — EN — 23.08.2004 — 006.001 — 48
▼M6
Figure 7
1998R0850 — EN — 23.08.2004 — 006.001 — 49
▼B
ANNEX XIV
VERNACULARANDSCIENTIFICNAMES
VERNACULAR NAME SCIENTIFIC NAME
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
Bluefintun a Thunnus thynnus
Bogue Boops boops
Breams Bramidae, Berycidae
Brill Scophthalmus rhombus
Carpetshell Venerupis pullastra
Clam (= warty venus) Venus verrucosa
Cod Gadus morhua
Commonmora Mora moro
Commonprawn Pandalus spp.
Commonshrimp 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
Hard clam Mercenaria mercenaria
Herring Clupea harengus
Horse mackerel Trachurus spp.
JohnDory Zeus faber
Lampreys Petromyzonidae
Lemonsole Microstomus kitt
Ling Molva molva
Lobster Homarus gammarus
Lumpsucker, Lumpfish Cyclopterus lumpus
Mackerel Scomber spp.,Scomber scombrus
Mantis shrimp Squilla mantis
Megrim Lepidorhombus spp.
Northernshrimp Pandalus borealis
Norway lobster Nephrops norvegicus1998R0850 — EN — 23.08.2004 — 006.001 — 50
▼B
VERNACULAR NAME SCIENTIFIC NAME
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.
Queenscallop 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 Penaeusspp.
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
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 Buccinum undatum
Whiting Merlangius merlangus
Witch Glyptocephalus cynoglossus
Wrasses Laridae
Yellowfintun a Thunnus albacares1998R0850 — EN — 23.08.2004 — 006.001 — 51
▼B
ANNEX XV
CORRELATIONTABLE
Regulation(EC)No894/97 PresentRegulation
Article 1 Article 1 and 2
Article 2(1) Article 4
Article 2(2) Article 10Article 2(3) Article 5Article 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 6Article 2(9), second subparagraph Article 7Article 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 48Article 4 Article 16
Article 5(1) Article 17 and Article 18(2)
Article 5(2) Annex XIIIArticle 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 39Article 10(3) Article 291998R0850 — EN — 23.08.2004 — 006.001 — 52
▼B
Regulation(EC)No894/97 PresentRegulation
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
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), and
Article 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 42Article 14 Article 43
Article 15 Article 44
Article 16 Article 45Article 17 Article 46Article 18 Article 48
Article 19 Article 49
Article 20 Article 50Annex I Annexes I, II, III, IV and VAnnex II Annex XII
Annex III Annex XII
Annex IV Annex XIIIAnnex V Annex VIAnnex VI Annex VII
Annex VII Annex XV1998R0850 — EN — 23.08.2004 — 006.001 — 53