><(4)(4$ft#Sk." 
•it -à COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 08.07.1996 
COM(96) 317 final - CNS 532 
Amended proposal for a 
COUNCIL REGULATION (EC) 
laying down certain technical measures for the conservation of fishery resources 
(consolidated version) 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
1. On 20 June 1991 the Commission presented a proposal for a Council Regulation to 
codify Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain 
technical measures for the conservation of fishery resources.1 
2. On 6 December 1995 the Commission presented an amended proposal for a codified2 
version, a number of amendments having been made to Regulation (EEC) No 3094/86 
since the original proposal was presented. 
3. Since Regulation (EEC) No 3094/86 has been further amended in the meantime by 
Council Regulation (EC) No 3071/95 of 22 December 1995, the Commission has decided 
to table a new amended proposal (attached at Annex I) to codify the Regulation under 
Article 189a(2) of the EC Treaty. 
To make the text easier to read and consult, the full text of the updated proposal is also 
attached (Annex II). 
SEC(91) 1073 final of 20 June 1991. 
COM(95) 613 final of 6 December 1995 - CNS 532. 
The amended proposal for a codified version was included in the 1995 legislative programme. The 
Legal Services' Consultative Working Party provided for in the interinstitutional agreement of 
20 December 1994 sent its opinion on the proposal to Parliament, the Council and the Commission 
on 14 March 1996. 
ANNEX I 
Amended proposal for a 
rOTTNCTL REGULATION ŒD 
laying down certain technical measures for the conservation of fishery resources 
codified version 
The proposal for a Council Regulation - codified version (COM (95) 613 final, of 06. 12. 1995, CNS 532) - is hereby 
amended as follows: 
1. On page 3, the reference made by footnote 3 'as last amended by Regulation (EC) No 2251/95 (OJ No L 230,27. 8.1995, 
p. 11). ' is replaced by 'as last amended by Regulation (EC) No 3071/95 (OJ No L 329, 30. 12. 1995, p. 14).'. 
2. The recitals 5, 6, 7 and 8 of Regulation (EC) No 3071/95 shall become respectively recitals 11,12, 13 and 14 of the 
amended proposal: 
'11) Whereas there is an increasing tendency to use smaller 5. 3071/95 
and smaller mesh sizes for bottom set gillnets, entangling 
nets and trammel nets, which is resulting in increasing 
mortality rates for juveniles of the target species of the 
fisheries concerned; 
12) Whereas this trend should be halted and the mesh sizes 
used for passive gear such as bottom set gillnets, entan­
gling nets and trammel nets should be designed to 
achieve selective catches of the target species or group 
of target species; 
13) Whereas biological parameters for the species concerned 
differ between geographical areas; whereas these differ­
ences justify the application of different measures in 
those areas; 
14) Whereas in order to permit fishermen adequate time to 
adapt existing gear to the new requirements, a sufficient 
transition period should be provided;' 
3. The recitals 11 to 25 shall become respectively recitals 15 to 29 of the amended proposal. 
4. The following paragraph 10 shall be added to Article 2: 
'10. (a) Bottom set gillnets, entangling nets and trammelnets 
with mesh sizes that do not correspond to any of the 
categories set out in Annexes V or VI shall be pro­
hibited and may not be kept on board fishing vessels. In 
the case of trammel nets, the mesh size referred to in 
this Regulation is that of the piece of net with the 
smallest mesh size. 
(b) When catches are made in regions 1 and/or 2 by fishing 
vessels using bottom gillnets, entangling nets and/or 
trammel nets with mesh sizes corresponding to one of 
the categories set out in Annex V, the percentage of 
quantities retained on board expressed in live weight, for 
one or any combination of species or groups of species 
mentioned in the corresponding mesh size category, may 
not be less than 70 %. 3071/95 - Art. 1 (1) 
(c) When catches have been made in region 3 by fishing 
vessels using bottom set gillnets, entangling nets and/or 
trammel nets with mesh sizes corresponding to one of 
the categories set out in Annex VI, the percentage of 
quantities retained on board expressed in live weight, for 
one or any combination of species or groups of species 
mentioned in the corresponding mesh size category, may 
not be less than 70 %. 
(d) For the purposes of this Regulation, the following defini­
tions apply: 
(i) 'bottom set gillnets or entangling nets' are any gear 
made up of a single piece of net, fixed by any 
means to the bottom; 
(ii) trammel nets' are any gear made up of two or 
more pieces of net hung jointly in parallel on a 
single headline, fixed by any means to the bottom 
of the sea. 
(e) Letters (a), (b), (c) and (d) shall not apply to catches of 
salmonidae and agnarha. 
Detailed rules for the application of this paragraph, including 
the measurement of mesh size, shall be adopted in accor­
dance with the procedure laid down in Article 18, no later 
than 31 December 1997.' 3071/95 - Art. 2, second 
paragraph (adapted) 
5. In the second paragraph of Article 19, the text 'in accordance with the correlation table set out in Part A of Annex V is 
replaced by 'in accordance with the correlation table set out in Part A of Annex VII'. 
6. The following should be added to Article 20 as second paragraph: 
'However, the provisions of Article 2(10) and of Annexes V and VI shall enter into force on 30 December 1997.' 
7. Annex V shall be replaced by the text shown at point 8 and shall become Annex VII. The following Annexes V and VI are 
inserted: (3071/95, Art, (1) (2) ) 
'ANNEX V 
Regions 1 and 2 
Species/mesh 
Pilchard (Sardina pilchardus) 
Eel (Anguilla anguilla) 
Sprat (Sprairus sprattus) 
Horse mackerel (Trachiurus irachunis) 
Herring (Clupea harengus) 
Mackerel (Scomber scombnis) 
Red mullets (Mullidae) 
Garfish (Belone spp.) 10-30 mm 
* 50-70mm 
* 
* 
* 
* 90-99 mm 
* 
* 100-119 mm 
* 
* 
* 
* 120-219 mm 
* 
* 
* 
* >22() mm 
* 
* 
* . 
Species, mesh 
Bass (Dicerurarchus labrax) 
Grey mullets (Mugilidae) 
Dab (Limanda lirnanda) 
Haddock (Melanogrammus aeglefinus) 
Whiting (Merlangius mertangus) (2) 
Flounder (Platichthys flesus) 
Sole (Solea \idgaris) 
Plaice (Pleiironectes platessa) 
Cuttlefish (Sepia spp.) 
Cod (Gadus morrhua) 
Pollack (Pollachius pollachius) (3) 
Ling (Molva molva) 
Saithe (Pollachius \irens) 
Hake (Merluccius merluccius) (-1) 
Spurdog (Squalus acanthias) 
Spotted dogfish (Scyliorhinus spp.) 
Megrim (Lepidorhombus spp.) 
Lumpfish (Cyclopterus lumpus) 
Others 10-30 mm 50-70mm 90-99 mm 
* 100-119 mm 
* 
* 
* 
* 120-219 mm 
* 
* 
* 
* 
* 
* 
* 
* >220 mm 
• 
* 
* 
*C) 
(1) Catches of anglerfish (Lophius spp.) taken from ICES divisions VI and VII and retained on board in excess of 30 % of the total 
catch on board from those areas must be taken with a minimum mesh size of 250 mm or greater. 
("-) In ICES divisions Vile and VTId, for a period of two years following the entry into force of this Regulation, the minimum size 
will be 90 mm. 
(J> In ICES divisions Vile and VTId, for a period of two years following the entry into force of this Regulation, the minimum size 
will be 110 mm. 
ANNEX VI 
Region 3 
Species/mesh size 
Pilchard (Sardina pile h ardus) 
Prawns (Palaemon spp.) 
Rainbow wrasse (Coris julis) 
Dogue (Boops boops) 
Shrimps (Penaeus spp.) 
Mantis shrimp (Sqirilla mantis) 
Red mullets (Midlidae) < 40 mm 
* 
* 40-49mm 
* 
* 50-59 mm 
* 
* 
* 60 — 79 mm 
* 
* 80-99 mm 
* 
* 
* > 100 mm 
* 
* 
* 
Species/mesh size 
Wedge sole (Dicologoglossa cuneaia) 
Wrasses (Labridae) 
Horse mackerel (Trachums trachums) 
Mackerel (Scomber scombrus) 
Pout (Trisopterus luscus) 
Cuttlefish (Sepia spp.) 
Gurnards (Triglidae) 
Sea breams (Sparidae) 
Rockfish (Scorpaerddae) 
Eyed sole (Microchirus acevia) 
Short-finned squid (Ommatostrephidae) 
Conger (Conger conger) 
Forkbeards (Phycis spp.) 
Brill (Scophtalmus rhombus) 
Weavers (Trachinidae) 
Picarels (Centracanthidae) 
Bass (Dicentrarchus labrax) 
Whiting (Merlangius merlangus) 
Turbot (Psetta maxima) 
Pollack (Pollachius pollachius) 
Flounders (Pleuronectidae) 
Sole (Solea vulgaris) (l) 
Hake (Merluccius merluccius) (}) 
Others (2) < 40 mm 40-49 mm 
* 50-59 mm 
* 
* 
* 
* 60-79 mm 
• 
* 
* 
* 
* 
* 
* 
* 
* 80-99 mm 
• 
» 
* 
* 
* 
* >100mm 
• 
* 
* 
* 
* 
* 
* 
W In ICES divisions VTIIc and IX the minimum mesh size will be 80-99 mm. However, for a period of two years following the 
entry into force of this regulation, the minimum mesh size will be 60 mm. 
(2^ Catches of anglerfish (Lophius spp.) and retained on board in excess of 30 % of the total catch on board must be taken with a 
minimum mesh size of 220 mm or greater.' 
S. The following Annex Vil is added: 
'ANNEX VII 
Part A 
CORRELATION TABLE 
Regulation 3094/86 This Regulation 
Article 1 
Article 2(1) 
Article 2 (2) 
Article 2 (3) 
Article 2 (4) 
Article 2 (5) 
Article 2 (6) 
Article 2 (7) 
Article 2 (10) 
Article 2 (11) 
Article 2 (12) 
Article 3 
Article 4 
Article 5(1) 
Article 5 (2) 
Article 5 (3) (a) 
Article 5 (3) (b) first indent 
Article 5 (3) (b) second indent 
Article 5 (3) (b) third indent 
Article 5 (3) (b) fourth indent 
Article 5 (3) (c) 
Article 5 (4) 
Article 5 (5) 
Article 6 
Article 7 
Article 7a 
Article 8 
Article 9 (1) 
Article 9 (2) 
Article 9 (3) 
Article 9 (4) 
Article 9 (4a) 
Article 9 (5) 
Article 9 (6) 
Article 9 (7) 
Article 9 (8) 
Article 9 (9) 
Article 9(10) 
Article 9 (11) 
Article 9 (12) 
Article 9 (13) 
Article 9 (15) 
Article 9 (16) 
Article 9 (17) 
Article 9 (18) Article 1 
Article 2(1) 
Article 2 (2) 
Article 2 (3) 
Article 2 (4) 
Article 2 (5) 
Article 2 (6) 
Article 2 (7) 
Article 2 (8) 
Article 2 (9) 
Article 2(10) 
Article 3 
Article 4 
Article 5(1) 
Article 5 (2) 
Article 5 (3) (a) 
Article 5 (3) (b) first indent 
Article 5 (3) (b) second indent 
Article 5 (3) (b) third indent 
Article 5 (3) (c) 
Article 5 (4) 
Article 5 (5) • 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10 (1) 
Article 10 (2) 
Article 10 (3) 
Article 10 (4) 
Article 10 (5) 
Article 10 (6) 
Article 10 (7) 
Article 10 (8) 
Article 10 (9) 
Article 10 (10) 
Article 10(11) 
Article 10 (12) 
Article 10 (13) 
Article 10 (14) 
Article 10 (15) 
Article 10 (16) 
Article 10 (17) 
Article 10 (18) 
Regulation 3094/86 This Regulation 
Article 9 (19) 
Article 9a (1) 
Article 9a (2) 
Article 9a (3) 
Article 9a (4) 
Article 9b 
Article 10 
Article 11 
Article 12 
Article 13 
Article 14(1) 
Article 14(2) 
Article 14(3) 
Article 14(4) 
Article 14(5) 
Article 14 (6) 
Article 14(7) 
Article 15 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX I - footnote 
I - footnote 
I - foomote 
I - foomote 
I - foomote 
I - foomote 
I - footnote 
I - footnote 
I - foomote 
I - foomote 
I - foomote 
I - foomote 
I - foomote 
I - foomote 
I - foomote 
I - foomote 
II - foomote 
II - foomote 
II - foomote 
II - foomote 
II - foomote 
II - foomote 
II - foomote 
II - foomote 
III 
IV 
VI 
VII 
V Article 10(19) 
Article 11 (1) 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 11(2) 
11(3) 
12 
13 
14 
15 
16 
17(1) 
17(2) 
17 (3) 
17(4) 
Article 17 
Article 18 
Article 19 
Article 20 
ANNEX I 
ANNEX I 
ANNEX I 
ANNEX I 
ANNEX I 
ANNEX I 
ANNEX I 
ANNEX I (5) 
foomote (1 
foomote (2 
foomote (3 
foomote (4 
foomote (5 
foomote (6 
footnote (7 
ANNEX I - footnote (8) 
ANNEX I - foomote (9) 
ANNEX I - foomote (10) 
.ANNEX I - foomote (11) 
ANNEX II - footnote (1) 
ANNEX II - footnote (2) 
ANNEX II - footnote (•) 
ANNEX III 
ANNEX IV 
ANNEX V 
ANNEX VI 
ANNEX VII 
Part B 
Regulations amending Regulation (EEC) No 3094/86 
Official Journal 
Regulation (EEC) No 4026/86 
Regulation (EEC) No 2968/87 
Regulation (EEC) No 3953/87 
Regulation (EEC) No 1555/88 
Regulation (EEC) No 2024/88 
Regulation (EEC) No 3287/88 
Regulation (EEC) No 4193/88 
Regulation (EEC) No 2220/89 
Regulation (EEC) No 4056/89 
Regulation (EEC) No 3500/91 
Regulation (EEC) No 345/92 
Regulation (EEC) No 1465/92 
Regulation (EEC) No 2120/92 
Regulation (EEC) No 3034/92 
Regulation (EEC) No 3919/92 
Regulation (EC) No 1796/94 
Regulation (EC) No 1173/95 
Regulation (EC) No 1909/95 
Regulation (EC) No 2251/95 
Regulation (EC) No 3071/95 No 
L376 
L280 
L371 
L 140 
L 179 
L292 
L369 
L211 
L3S9 
L331 
L42 
L155 
L213 
L307 
L397 
L187 
L 118 
L 184 
L230 
L329 page 
1 
1 
9 
1 
1 
5 
1 
6 
75 
2 
15 
1 
3 " 
1 
1 
1 
15 
1 
11 
14 date 
31.12. 1986 
3. 10. 1987 
30. 12. 1987 
7.6. 1988 
9.7. 198S 
26. 10. 1988 
31. 12. 19S8 
22. 7. 1989 
30. 12. 1989 
3. 12. 1991 
18.2. 1992 
6. 6. 1992 
29. 7. 1992 
23. 10. 1992 
31.12. 1992 
22. 7. 1994 
25.5. 1995 
3.8. 1995 
27. 9. 1995 
30. 12. 1995' 
10 
ANNEX n 
11 
Amended proposal for a 
COUNCIL REGULATION (EC) No . J.„ 
laying down certain technical measures for the conservation of fishery resources 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particular Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parlia­
ment W, 
Having regard to the opinion of the Economic and So­
cial Committee (2), 
(1) Whereas Council Regulation (EEC) 3094/86 of 7 Octo­
ber 1986 laying down certain technical measures for the 
conservation of fishery resources (3) has been frequently 
and substantially amended; whereas for reasons of clarity 
and rationality that Regulation should be codified; 
(2) Whereas, in order to ensure the protection of marine 
biological resources and the balanced exploitation of 
fishery resources in the interests of both fishermen and 
consumers, technical measures should be laid down for 
the conservation of fishery resources specifying inter alia 
the mesh sizes, by-catch rates, and fish sizes permitted, 
as well as the limitation of fishing within certain areas 
and periods and with certain gear; 
(3) Whereas a balance needs to be struck between adjusting 
technical conservation measures to the diversity of the 
fisheries and the need for homogeneous rules which are 
easier to apply; 
(4) Whereas the rules governing fishing operations in the 
Skagcrrak and Kattegat, agreed between the Community 
and Norway and Sweden, should be included in this 
Regulation; whereas, taking account of the scientific ad­
vice, it is therefore necessary to establish seasonal limita­
tions on certain fishing activities in the Skagerrak and 
the Kattegat; 
(5) Whereas management measures concerning fishing in the 
Baltic Sea should be adopted by the International Baltic 
Sea Fishery Commission; 25. 
15. 
+ 
6. 
22. 3094/86 
345/92 
3094/86 
1796/94 (adapted) 
345/92 
(1) OJ No C ... 
(2) OJ No C :.. 
(3) OJ No L 288, 11. 10. 1986, p. 1. Regulation as last amended by 
Regulation (EC) No 3071/95 (OJ No L 329, 30. 12. 1995, p. 14). 
12 
(6) Whereas discards currently account for unacceptable 
wastage on a large scale; whereas a ban on fishing using 
insufficiently selective techniques or practised in areas 
where juveniles are concentrated, together with increases 
in mesh sizes and the prohibition of gear conducive to 
discarding, constitute a first step towards the final elimi­
nation of practices which are incompatible with con­
servation and the proper use of resources; whereas it is 
necessary to introduce a coherent system of management 
and exploitation which reduces discards to a minimum; 
(7) Whereas it is appropriate to define directed fishing for 
certain species of fish as well as by-catches and pro­
tected species; 
(8) Whereas extensive trials have shown that the use of 
square mesh panels ahead of and above the cod-end can 
play a significant part in reducing the capture of under-
size fish; 
(9) Whereas industrial fishing is a continuous activity and, 
accordingly, the conditions governing it should also be 
stable; 
(10) Whereas the catching of certain species to be trans­
formed into fish-meal or oil can be carried out with an 
abnormal mesh size provided that such catching opera­
tions do not have a negative influence on other demersal 
stocks, in particular cod and haddock; 
(11) Whereas there is an increasing tendency to use smaller 
and smaller mesh sizes for bottom set gillnets, entangling 
nets and trammel nets, which is resulting in increasing 
mortality rates for juveniles of the target species of the 
fisheries concerned; 
(12) Whereas this trend should be halted and the mesh sizes 
used for passive gear such as bottom set gillnets, entan­
gling nets and trammel nets should be designed to 
achieve selective catches of the target species or group 
of target species; 
(13) Whereas biological parameters for the species concerned 
differ between geographical areas; whereas these differ­
ences justify the application of different measures in 
those areas; 
(14) Whereas in order to permit fishermen adequate time to 
adapt existing gear to the new requirements, a sufficient 
transition period should be provided; 
(15) Whereas the manner in which the size of crustaceans 
and molluscs are to be measured should be defined; 
(16) Whereas the rules concerning fishing within the 12 mile 
coastal zone should be defined in terms which are en­
forceable; 10. 
31. 
12. 3094/S6 (adapted) 
345/92 
1796/94 
3071/95 
3094/86 (adapted) 
(adapted) 
13 
(17) Whereas in this respect, protection of nursery areas 8. (adapted) 
should be provided for in the coastal zone of Member 
States, taking into account the specific biological condi­
tions in those various zones; 
(18) Whereas the non-selective use of purse seines on schools 1. 3034/92 
of tuna and other species of fish found in association 
with or in close proximity to marine mammals may re­
sult in the pointless catching and killing of such mam­
mals; 
(19) Whereas, when properly and responsibly conducted, the 
use of purse seines is an effective method of fishing sole­
ly for the desired target species; whereas under such cir­
cumstances it no longer represents a threat to the con­
servation of marine mammals; 
(20) Whereas on 22 December 1989 the General Assembly 14. 345/92 
of the United Nations adopted Resolution 44/225 on 
large-scale pelagic driftnet fishing and its impact on the 
living marine resources of the world's oceans and seas; 
(21) Whereas by Decision 82/72/EECt1) the Council ap- 16. 
proved the Convention on the conservation of European 
wildlife and natural habitats (Berne Convention); 
(22) Whereas the Community has signed the United Nations 17. 
Convention on the Law of the Sea which requires all the 
members of the international community to cooperate in 
the conservation and management of the living resources 
of the high seas; 
(23) Whereas the uncontrolled expansion and growth of drift- 18. 
netting may entail serious disadvantages in terms of in­
creased fishing effort and increased by-catches of species 
other than the target species; whereas it is therefore de­
sirable to regulate fishing with driftnets; 
(24) Whereas, in order not to hinder scientific research, this 9. 3094/86 
Regulation should not apply to operations which may be 
necessitated, even incidentally, by the conduct of such 
research; 
(25) Whereas, where conservation is seriously threatened, 17. 
Member States should be permitted to take appropriate 
provisional measures; 
(26) Whereas additional national measures of a strictly local 11. 
character should not be invalidated or hampered by the 
adoption of this Regulation; 
(27) Whereas, therefore, such measures may be maintained 12. 
or adopted subject to consideration by the Commission 
of their compatibility with Community law and conformi­
ty with the common fisheries policy, 
(1) OJ No L 38, 10. 2. 1982, p. 1. 
14 
(28) Whereas this Regulation should apply without prejudice 
to certain national measures going beyond the minimum 
requirements which it lays down; 
(29) Whereas urgent new conservation measures and detailed 
rules on the implementation of this Regulation may be 
necessary; whereas such measures and rules should be 
adopted in accordance with the procedure laid down in 
Article 18 of Council Regulation (EEC) No 3760/92, W 
HAS ADOPTED THIS REGULATION: 13. 
16. (adapted) 
(1) OJ No L 389, 31.12.1992, p. 1. Regulation as last amended by the 
Act of Accession of Austria, Finland and Sweden. 
15 
Article 1 
Definition of areas 
1. This Regulation shall apply to the taking and landing 
of fishery resources occurring in all maritime waters under 
the sovereignty or jurisdiction of the Member States, ex­
cept as otherwise provided for in Article 6 (1) (b), Article 
10 (17) and Article 11 (3), and situated in one of the fol­
lowing regions: 
Region 1 
All waters which lie to the north and west of a line run­
ning from a point at latitude 4S* N, longitude 18* W; 
thence due north to latitude 60* N; thence due east to lon­
gitude 5* W; thence due north to latitude 60* 30' N thence 
due east to longitude 4* W; thence due north to latitude 
64* N; thence due east to the coast of Norway. 
Region 2 
All waters situated north of latitude 48* N, but excluding 
the waters in Region 1 and ICES Divisions III b), III c) 
and III d). 
Region 3 
All waters corresponding to ICES Sub-areas VIII and IX. 
Region 4 
All waters corresponding to ICES Sub-area X. 
Region 5 
All waters situated in that part of the east central Adantic 
comprising divisions 34.1.1, 34.1.2 and 34.1.3 and subarea 
34.2.0 of fishing zone 34 of the FAO - CECAF region, 
excluding the waters under the sovereignty or jurisdiction 
of Spain situated around the Canary Islands. 
Region 6 
All waters off the coasts of the French department of Guy­
ana. 
Region 7 
All waters off the coasts of the French departments of 
Martinique and Guadeloupe. 
Region 8 
All waters off the coasts of the French department of Réu­
nion. 3034/92-Art. 1(1) 
3094/86 
16 
2. The geographical areas designated in this Regulation 
by the letters 'NAFO', 'ICES' and 'FAO' shall be those 
defined by the Northwest Atlantic Fisheries Organization, 
the International Council for the Exploration of the Sea, 
and the Food and Agricultural Organization of the United 
Nations, respectively. They are described, subject to any 
subsequent amendments, in Council Regulation (EEC) No 
3179/78 (l\ and in Commission communications Nos 85/C 
335/02 <2> and Nos 85/C 347/05 <3>. 
3. The regions referred to in paragraph 1 may be di­
vided into geographical areas in accordance with the pro­
cedure referred to in Article 18, in particular on the basis 
of the definitions referred to in paragraph 2 thereof. 
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 Tistlar-
na, and from there to the nearest point on the Swedish 
coast, and in the south by a line drawn from Hasenore 
Head to Gniben Point, from Korshage to Spodsbjerg, and 
from Gilbjerg Head to the Kullen. 
The Skagerrak is limited in the west by a line drawn from 
the lighthouse of Hanstholm to the lighthouse of Lin-
desncs and in the south by a line drawn from Skagen light­
house to the lighthouse of Tistlarna and from there to the 
nearest point on the Swedish coast. 
5. Notwithstanding paragraph 2, for the purposes of this 
Regulation, the North Sea shall comprise ICES Sub-area 
IV, the adjacent part of ICES Division II a) King south of 
latitude 64° N, and that pan of ICES Division III a) which 
is not covered by the definition of the Skagerrak given in 
paragraph 4. 
TITLE I 
NETS AND CONDITIONS FOR THEIR USE 
Article 2 
Minimum mesh sizes 
1. For each of the regions or geographical areas men­
tioned in Annex I and depending, where applicable, on the 
period and engine power, it is prohibited to use any trawl, 
Danish seine or similar towed net unless its mesh size in 
that pan of the net having the smallest meshes is equal to, 
or greater than, one of the minimum mesh sizes listed in 
that Annex, hereinafter known as 'the reference minimum 
mesh size', and unless the catch taken with that net and 
retained on board includes: 3094/86 
(i) 
(3) OJ No L 378,30.12.1978, p. 1. Regulation as last amended by 
Regulation (EEC) No 654/81 (OJ No L 69, 14. 3. 1981, p. 1). 
OJ No C 335, 24.12.1985, p. 2. 
OJ No C 347, 31.12.1985, p. 14. 
17 
— a percentage of authorized target species equal to or 
greater than that specified in Annex I, 
— a percentage of protected species which does not ex­
ceed that specified in Annex I, 
for the reference minimum mesh size. 
Notwithstanding the first subparagraph, the minimum per­
centage of target species may be obtained by aggregating 
the quantities of all the target species caught, provided 
that: 
— they are target species for which the maximum per­
centage of protected species is 10 %, 
c 
—- they are target species for which the reference mini­
mum mesh size is the same as, or less than, the mesh 
of the net in use, 
— the total percentage for all protected species com­
bined as a proportion of the total weight of all the 
target species combined does not exceed 10 %. 
For the purpose of this Regulation, protected species are 
defined as those species for which a minimum size has 
been laid down in Annex II, or which are identified by an 
asterisk in that Annex for the Region concerned. 
The provisions of this paragraph shall be without prejudice 
to the specific provisions laid down in paragraphs 2 to 9. 
2. Dredges are exempted from the provisions of para­
graph 1. However, it shall be prohibited to have on board 
or to land more than 10 % of protected species when fish­
ing with dredges. 
3. The percentages referred to in Annex I shall be calcu­
lated as the proportion by weight of all fish, crustaceans 
and molluscs on board after sorting or on landing, taking 
into account any quantities which have been transhipped. 
Notwithstanding the first subparagraph, when fishing for 
sand-eel with nets having mesh sizes smaller than 16 mm, 
the percentage may be measured before sorting. This 
provision shall not apply in the Skagerrak and Kattegat. 
The percentages may be calculated on the basis of one or 
more representative samples. Rules for sampling may be 
drawn up in accordance with the procedure laid down in 
Article 18. 
4. Sorting shall be carried out immediately after hauling. 
Catches of protected species which exceed the percentages 
laid down in Annex I shall be discarded immediately into 
the sea. 3094/86 
Corrigendum (OJ No L 35, 6. 2. 1987, p. 44) 
3094/S6 
18 
5. If catches have been made during the same voyage 
using different nets with different mesh sizes, or in differ­
ent regions, geographical areas or under additional differ­
ent conditions (such as different periods of time), and if 
these different fishing conditions imply a change in the ref­
erence minimum mesh sizes (with corresponding percen­
tages) as listed in Annex I, the percentages shall be calcu­
lated for each part of the catch taken under each different 
condition. 
AU catches shall be deemed to have been taken with the 
net on board having the smallest mesh size unless the log­
book, kept in accordance with Article 6 of Council Regula­
tion (EEC) No 2847/93 W and with the rules laid down in 
implementation of that Article, shows otherwise. 
6. Catches shall be estimated as live weight. 
For the purpose of this Article, the equivalent weight of 
whole Norway lobster shall be obtained by multiplying the 
weight of Norway lobster tails by three. 
7. Nets with mesh sizes smaller than the mesh size of 
the net in use in conformity with paragraph 1 shall not be 
kept on board unless they are properly lashed and stowed 
in such a way that they may not be readily used. Specific 
rules concerning stowage of gear may be drawn up in ac­
cordance with the procedure laid down in Article 18. 
8. Engine power shall be defined as the total of the 
maximum continuous power which can be obtained at the 
flywheel of each engine and which can, by mechanical, 
electrical, hydraulic or other means, be applied to vessel 
propulsion. However, where a gearbox is incorporated into 
the engine, the power shall be measured at the gearbox 
output flange. 
No deduction shall be made in respect of auxiliary ma­
chines driven by the engine. 
The unit in which engine power is expressed shall be the 
kilowatt (kW). 
The continuous engine power shall be determined in ac­
cordance with the requirements adopted by the Interna­
tional Organization for Standardization in its recom­
mended International Standard ISO 3046/1, 2nd edition, 
October 1981. 
The amendments necessary for adapting the requirements, 
provided for in the fourth subparagraph, to technical prog­
ress are adopted in accordance with the procedure laid 
down in Article 18. 3094/86 
(i) OJ No L 261. 20.10.1993, p. 1. 
19 
9. It shall be prohibited to have on board or to use any 
trawl, Danish seine or similar towed net of which the mini­
mum mesh size is equal to or greater than 90 mm having 
more than 100 meshes in the circumference at least of the 
cod-end sensu stricto, excluding the joinings and selvedges. 
Any trawl, Danish seine or similar towed net of which the 
mesh size is equal to or greater than 100 mm may be 
equipped, in the upper part of the cod-end, with a section 
(panel or window) of square-meshed netting attached to 
the joinings or selvedges, having a mesh size equal to or 
greater than 90 mm. 
'Square-meshed netting' shall mean netting which is 
mounted so that the two AB directions of the meshes 
forming the panel are in one direction, parallel to the 
longitudinal axis of the cod-end stricto sensu and, in the 
other direction, at right angles to its longitudinal axis. The 
AB direction is the direction parallel to a rectilinear se­
quence of mesh bars, each from adjacent meshes. 
10. (a) Bottom set gillnets, entangling nets and tram-
melnets with mesh sizes that do not correspond 
to any of the categories set out in Annexes V or 
VI shall be prohibited and may not be kept on 
board fishing vessels. In the case of trammel 
nets, the mesh size referred to in this Regulation 
is that of the piece of net with the smallest mesh 
size. 
(b) When catches are made in regions 1 and/or 2 by 
fishing vessels using bottom gillnets, entangling 
nets and/or trammel nets with mesh sizes corre­
sponding to one of the categories set out in 
Annex V. the percentage of quantities retained 
on board expressed in live weight, for one or any 
combination of species or groups of species men­
tioned in the corresponding mesh size category, 
may not be less than 70 %. 
(c) When catches have been made in region 3 by 
fishing vessels using bottom set gillnets, entan­
gling nets and/or trammel nets with mesh sizes 
corresponding to one of the categories set out in 
Annex VI, the percentage of quantities retained 
on board expressed in live weight, for one or any 
combination of species of groups of species men­
tioned in the corresponding mesh size category, 
may not be less than 70 %. 
(d) For the purposes of this Regulation, the follow­
ing definitions apply: 345/92 - Art. 1 (1) 
3071/95 - Art. 1 (1) 
20 
(e) (i) bottom set gillnets or entangling nets' are 
any gear made up of a single piece of net, 
fixed by any means to the bottom; 
(ii) trammel nets' are any gear made up of two 
or more pieces of net hung jointly in paral­
lel on a single headline, fixed by any means 
to the bottom of the sea. 
Letters (a), (b), (c) and (d) shall not apply to 
catches of salmonidae and agnatha. 
Detailed rules for the application of this paragraph, 
including the measurement of mesh size, shall be 
adopted in accordance with the procedure laid down 
in Article 18, no later than 31 December 1997. 3071/95 - Art. 1 (1) 
3071/95 -Art. 2(2) 
(adapted) 
Article 3 
Determination of mesh size 
The technical rules for the determination of mesh size 
shall be drawn up in accordance with the procedure re­
ferred to in Article 18. 
Article 4 
Attachments to nets 
No device shall be used by means of which the mesh in 
any part of the fishing net is obstructed or otherwise effec­
tively diminished. 
This provision shall not exclude the use of certain devices 
of which a list and technical descriptions shall be drawn up 
in accordance with the procedure referred to in Article 18. 
TITLE II 
Minimum size of fish, crustaceans and molluscs 3094/86 
Article 5 
1. A fish, crustacean or mollusc is undersized if its di­
mensions are smaller than the minimum dimensions speci­
fied in Annexes II and III for the relevant species and re­
gion or particular geographical area, if specified. Where 
more than one method of measuring the minimum size is 
provided for, the fish, crustacean or mollusc is deemed to 
be of the minimum size if at least one of the dimensions 
found is greater than die corresponding minimum dimen­
sion. 
2. (a) The size of a fish shall be measured from the tip 
of the snout to the end of the tail fin. 345/92 - Art. 1 (2) 
3094/86 
21 
(b) The size of Norway lobster and lobsters shall be 
measured, as shown in Annex IV, 
— as the length of the carapace, parallel to the 
mid-line from the back of either eye socket 
to the distal edge of the carapace, 
— as the total length, from the tip of the ros­
trum to the rear end of the telson, not in­
cluding the setae. 
Detached Norway lobster tails shall be measured 
from the front edge of the first segment present 
of the tail to the rear end of the telson, not in­
cluding the setae. The tail shall be measured flat 
and unstretcfied. 
(c) The size of edible crabs shall be measured, as 
shown in Annex IV: 
— as the length of the carapace measured 
along the mid-line from the interorbital 
space to the rear edge of the carapace, 
— as the maximum width of the carapace mea­
sured perpendicular to the mid-line of the 
carapace, 
— as the maximum length of the last two seg­
ments of any of the pincer legs. 
(d) The size of spinous spider crabs shall be 
measured, as shown in Annex IV, along the mid­
line, from the edge of the carapace between the 
rostrums to the posterior edge of the carapace. 
(e) The size of a bivalve mollusc shall be measured 
as shown in Annex IV across the longest part of 
the shell. 
(f) The size of a cephalopod shall be measured 
along the dorsal mid-line from the posterior tip 
of the mantle to the anterior border of the 
mantle, for squids and cuttle fishes, and to the 
level of the eyes for octopuses. 
3. Undersized fish, crustaceans and molluscs shall not be 
retained on board or be transhipped, landed, transported, 
stored, sold, displayed or offered for sale, but shall be dis­
carded immediately into the sea. 
This provision, however, shall not apply to: 
(a) catches of protected species which have been taken 
within the limits specified in Article 2 (1), which have 
not been sorted from the authorized target species 
and which are not sold, displayed or offered for sale 
for human consumption; 345/92 - Art. 1 (3) 
3094/86 
2024/88 - Art. 1 (2) 
22 
(b) the species referred to below, within a limit of 10 % 
by weight of the total catches of these species: 
— herring caught in any geographical area; 
— mackerel caught in the North Sea; 
— species listed in Annexes II and III caught in the 
Skagerrak or Kattegat; 
(c) horse mackerel (Trachums spp.), mackerel (Scomber 
spp.) and anchovies (Engraulis encrasicholus) intended 
for use as live bait. 
The percentage of undersized fish, crustaceans and mol­
luscs shall be calculated in accordance with Article 2, para­
graphs 3 to 6. 
4. It shall be prohibited to land tails or claws of lobsters 
which have been detached from the body and which have 
been caught in the regions or geographical areas referred 
to in Annex III for which a minimum size is shown for 
these species. 
Only whole scallops (Pecten spp.) may be landed. 
5. Minimum sizes for species marked by an asterisk in 
Annexes II or III shall be adopted in accordance with the 
procedure provided for in Article 18. 
TITLE HI 
Prohibition of fishing 
Article 6 
Salmon and sea trout 
1. Salmon and sea trout may not be retained on board 
or be transhipped, landed, transported, stored, sold, dis­
played or offered for sale, but shall be returned immedi­
ately to the sea when taken: 
(a) within the waters situated outside the 12-mile limit 
measured from Member States' baselines, in regions 
1, 2, 3 and 4; 
(b) by way of derogation from Article 1 (1), outside the 
waters under the sovereignty or jurisdiction of the 
Member States, in regions 1, 2, 3 and 4; 
(c) when fishing with a trawL Danish seine or similar 
towed net, with mesh sizes smaller than 70 mm. 
2. In the Skagerrak and Kattegat, fishing for salmon and 
sea trout shall be forbidden outside a four-mile limit 
measured from the baselines. 3094/86 
345/92 - Art. 1 (4) 
3094/86 
345/92 - An. 1 (5) 
3094/86 
23 
Article 7 
Herring 
1. Fishing for herring shall be prohibited each year from 
15 August to 30 September in a geographical area 
bounded by a line joining the following points: 
— the Butt of Lewis, 
— Cape Wrath, 
— latitude 58*55^, longitude 05*00VW, 
— latitude 58*5574, longitude 07*10^, 
— latitude 58*20^, longitude 08* 20^, 
— latitude 57'40'N, longitude 08'20'W 
— the west coast of North Uist at latitude 57'40'N, then 
along the north coast of the island as far as latitude 
57*40'36"N, longitude 07*20'39"W, 
— latitude 57*50'3"N, longitude 07*8'6"W, 
— north-east along the west coast of Lewis as far as the 
point of departure (Butt of Lewis). 
2j, It shall be prohibited to have on board a quantity of 
herring which exceeds 5 %, of the total weight of fish, 
crustaceans and molluscs on board which have been caught 
in that area during the period specified in paragraph 1. 
The percentage shall be calculated in accordance with Ar­
ticle 2, paragraphs 3 to 6. 
3. Fishing for herring shali be prohibited from 1 July to 
31 October within the area bounded by the following 
coordinates: 
— the west coast of Denmark at latitude 55°30'N, 
— latitude 55*30'N, longitude 07'00'E, 
— latitude 57*00'N, longitude 07'00'E, 
— the west coast of Denmark at latitude 57*00'N. 3094/86 
1796/94 - Art. 1 (1) (i) 
1796/94 - Art. 1 (1) (ii) 
24 
4. Fishing for herring shall be prohibited in the zone ex­
tending from six to twelve miles off the east coast of the 
United Kingdom as measured from the baselines between 
latitudes 54*10VN and 54*45'N for the period 15 August to 
30 September and between latitudes 55*30'N and 55*45'N 
for the period 15 August to 15 September. 
5. Fishing for herring shall be prohibited throughout the 
year in the Irish Sea (ICES Division VII a) in the mari­
time area between the west coasts of Scodand, England 
and Wales and a line drawn twelve miles from the base­
lines of the coasts bounded to the south by latitude 
53*20'N and the north-west by a line drawn between the 
Mull of Galloway (Scodand) and the Point of Ayre (Isle of 
Man). 
6. Fishing for herring shall be prohibited from 21 Sep­
tember to 31 December in the parts of the Irish Sea 
(ICES Division VII a) bounded by the following coordi­
nates: 
(a) — the east coast of the Isle of Man at latitude 
54'20'N, 
— latitude 54'20'N, longitude 3"WW, 
— latitude 53*50^, longitude 3'50VW, 
— latitude 53*50'N, longitude 4'50'W, 
— the south-west coast of the Isle of Man at longi­
tude 4*50'W; 
(b) — the east coast of Northern Ireland at latitude 
54'15'N, 
— latitude 54*15'N, longitude 5*15'W, 
— latitude 53'50'N, longitude 5*50'W, 
— the east coast of Ireland at latitude 53*50'N. 
Fishing for herring shall be prohibited throughout all the 
year in Logan Bay, defined as being the waters east of a 
line drawn from the Mull of Logan situated at latitude 
54'44'N and longitude 4*59^, to Laggantalluch Head, 
situated at latitude 54*41'N and longitude 4*58'W. 
7. Notwithstanding paragraph 6, vessels with a length 
not exceeding 12,2 metres based in ports situated on the 
east coast of Ireland and Northern Ireland between lati­
tudes 53*00'N and 55'00'N may fish for herring in the 
prohibited area described m paragraph 6 (b). The only 
method of fishing authorized shall be drift netting with 
nets of a minimum mesh size of 54 mm. 1796/94 - An. 1 (l)(ii) 
25 
8. Fishing for herring shall be prohibited in the maritime 
area situated to the north-east of a line drawn between 
Mull of Kintyre and Corsewall Point from 1 January to 30 
April. 
9. The areas and periods described in this Article may 
be altered in accordance with the procedure laid down in 
Article 18. 1796/94 - Art. 1(1) (ii) 
Article 8 
Sprats 
1. Trawling for sprat using a mesh size less than 32 mm 
shall be prohibited all year round in the Skaggerak and 
Kattegat. 
2. Fishing for sprat shall be prohibited: 
(a) from 1 July to 31 October in an area bounded by the 
following points: 
— the west coast of Denmark at 55*30'N, 
— latitude 55*30'N, longitude 7*00'E, 
— latitude 57'00'N, longitude 7'00'E, 
— the west coast of Denmark at 57'00'N; 
(b) in ICES statistical area 39E8, from 1 January to 31 
March and from 1 October to 31 December. For the 
purpose of this Regulation, this ICES area shall be 
that bounded by a line due east from the United 
Kingdom east coast along latitude 55*00/N to a point 
at longitude l'OO'W, from there due north to a point 
at latitude 55*30^ and from there due west to the 
United Kingdom coast; 
(c) in the inner waters of the Moray Firth west of longi­
tude 3'30'W and in the inner waters of the Firth of 
Forth west of longitude 3*00/W, from 1 January to 31 
March and from 1 October to 31 December. 
Article 9 
Mackerel 
1. It shall be probihited to retain on board mackerel 
which are caught within the geographical area bounded by 
the following coordinates: 
— a point on the south coast of England at longitude 
02*00'W, 
— latitude 49*30'N, longitude 02'OCTvV, Article 7a 
345/92 - An. 1 (6) 
Article g 
Corrigendum (OJ No L 8,11.1.1989, p. 22) 
26 
— latitude 49'30'N, longitude 07 WW, 
— latitude 52*00^, longitude 07*00'W, 
— a point on the west coast of Wales at latitude 
52*00'N, 
unless the weight of the mackerel does not exceed 15 % by 
weight of the total quantities of mackerel and other species 
on board which have been caught within this area. 
2. Paragraph 1 shall not apply: 
(a) to vessels fishing with gill nets or hand lines; 
(b) to vessels fishing with bottom trawls, Danish seines or 
other similar towed nets, provided that they have on 
board a minimum of 75 % by weight, calculated as a 
percentage of the total weight of all the species on 
board: 
— of Norway lobster when these vessels are using 
nets the mesh size of which is set for the geo­
graphical regions or zones concerned in Annex I, 
— of Norway lobster and species listed in Annex II 
when these vessels are using nets the mesh size 
of which is set for these species and for the geo­
graphical regions or areas concerned in Annex I; 
(c) to vessels in transit through this area, provided that 
all fishing gear is stowed in accordance with the 
conditions set out in Article 2 (7); 
(d) to vessels which are not equipped for fishing and to 
which mackerel are being transhipped. 
3. All mackerel which are on board shall be deemed to 
have been caught within the area provided for by para­
graph 1, except those which have been declared to be on 
board before the vessel enters that area, under the pro­
cedure described in the following subparagraphs. 
The skipper of a vessel intending to enter that area in 
order to fish, and holding mackerel on board, must notify 
the control authority of the Member State in whose zone 
he intends to fish of his estimated time and place of arrival 
in this area no more than 36 hours and no less than 24 
hours before the vessel enters that area. Corrigendum (OJ No L 8, 11. 1. 1989, p. 22) 
3287/88-Art. 1(1) 
3094/86 
27 
On entering the area, he must notify the competent con­
trol authority of the quantities of mackerel which he has 
on board and which are entered in the log-book. The 
skipper may be required to submit his log-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 the message notifying the quantities of mack­
erel on board and the place shall be as near as possible to 
the point of entry into the area. 
The skipper of the fishing vessel who intends to enter the 
area for the purpose of having mackerel transhipped to his 
vessel must notify the control authority, of the Member 
State in whose zone transhipment will take place, or the 
intended time and place of transhipment no more than 36 
hours and no less than 24 hours before transhipment be­
gins. Immediately on completion of transhipment, the 
skipper must inform the competent control authority of the 
quantities of mackerel which have been transhipped to that 
vessel. 
The competent control authorities are, 
— for France: 
Mimer, telex: Paris 250823, 
— for Ireland: 
Department of Marine, telex: Dublin 91798 MRNE, 
— for the United Kingdom: 
Ministry of Agriculture, Fisheries and Food, telex: 
London 21274. 
Nothing in this paragraph shall be interpreted as meaning 
that a vessel flying the flag of, or registered in, a Member 
State which does not have a mackerel quota from the 
stock occurring in this area, or whose quota is exhausted, 
is authorized to hold mackerel on board, unless such 
mackerel is a by-catch, taken with catches of horse mack­
erel or sardines, and the mackerel does not exceed 10 % 
of the total weight of mackerel, horse mackerel and sar­
dines on board, except where the skipper can prove that 
the mackerel has been caught from another stock. 3094/86 
28 
TITLE IV 
RESTRICTIONS ON CERTAIN TYPES OF FISHING 
Article 10 
Restrictions on the use of certain types of vessels and 
gear in fishing for certain species during certain periods 
and in certain geographical areas 
1. It shall be prohibited to use purse seines: 
— to fish for herring in ICES Divisions VII g) to k) and 
in the geographical area bounded: 
— to the north by latitude 52*30'N, 
— to the south by latitude 52 *N, 
— to the west by the coast of Ireland, 
— to the east by the coast of the United Kingdom, 
— to fish for the species listed in Annex II for the rel­
evant region or geographical area. 
When fishing with purse seines, it shall be prohibited to 
have on board: 
— a quantity of the species listed in Annex II which ex­
ceeds 5 % by weight of the total weight of fish, crus­
taceans and molluscs on board, and 
— when fishing in the area described in the first indent 
of the first subparagraph, a quantity of herring which 
exceeds 5 % by weight of the total weight of fish, 
crustaceans and molluscs on board. 
The percentages shall be calculated in accordance with Ar­
ticle 2, paragraphs 3 to 6. 
2. (a) It shall be prohibited for a vessel to have on 
board or to use beam trawls of which the aggre­
gate beam length, measured as the sum of the 
length of each beam is greater than 24 metres or 
can be extended to a length greater than 24 
metres. 
(b) The use of beam trawls shall be prohibited in 
the Kattegat. 
3. (a) Inside the area within 12 miles of the coasts of 
France, north of latitude 51*00'N, Belgium, the 
Netherlands, Germany, and the west of Denmark 
as far as the Hirtshals Lighthouse, measured 
from the baselines from which the territorial 
waters are measured, no vessel exceeding eight 
metres length overall shall fish using any beam 
or otter trawl. 3094/86 
Anicle 9 
4193/88-An. 1(1) 
3094/86 
29 
(b) For the period from 1 April to 30 September, 
the abovementioned area shall be extended to in­
clude the geographical area bounded by a line 
joining the following coordinates: 
— a point on the west coast of Denmark at 
latitude 57'00'N, 
— latitude 57*00'N, longitude 7'15'E, 
— latitude 55*00'N, longitude 7*15'E, 
— latitude 55*00'N, longitude 7'00'E, 
— latitude 54'30'N, longitude 7'00'E, 
— latitude 54'30'N, longitude T3(yE, 
— latitude 54'00'N, longitude 7'30'E, 
— latitude 54'00'N, longitude ô'OO'E, 
— latitude 53°50'N, longitude ô'OO'E, 
— latitude 53'50'N, longitude 5'00% 
— latitude 53'30'N, longitude 5'0(ÏE, 
— latitude 53*30'N, longitude 4'15'E, 
— latitude 53'00'N, longitude 4'15'E, 
— a point on the coast of the Netherlands at 
latitude 53'00'N. 
By way of derogation from paragraph 3 (a), 
vessels whose names and technical charaaeristics 
are contained on a list which shall be drawn up 
in accordance with the procedure laid down in 
Article 18 are authorized to fish in the said area 
using beam trawls during those periods when 
fishing using beam trawls would otherwise be 
prohibited. 
Vessels which may appear on the list referred to 
in the first subparagraph of this paragraph must 
comply with the following criteria: 
— they entered into service before 1 January 
1987, 
— except for vessels fishing for crustaceans, 
their engine power does not exceed 221 kW 
and, in the case of derated engines, did not 
exceed 300 kW before derating. 4193/88 - Art. 1 (2) 
4193/88 - An. 1 (3) 
3094/86 
30 
A vessel on the list may be replaced by any ves­
sel whose engine is not derated, whose engine 
power does not exceed 221 kW, and whose length 
overall, as defined in paragraph 13, does not ex­
ceed 24 metres. 
An engine of a vessel on the list may be re­
placed provided that the replacement engine is 
not derated and that its power does not exceed 
221 kW. 
(c) However, it shall be prohibited to use beam 
trawls of which the aggregate beam length, 
measured as the sum of the length of each beam, 
is greater than nine metres or can be extended 
to a length greater than nine metres except when 
operating with gear designed and used for catch­
ing shrimps (Crangon spp.) or prawns (Pandalus 
montagui). 
However, vessels whose primary activity is fishing 
for shrimps (Crangon spp.) shall be permitted to 
use beams whose aggregate length, exceeds nine 
metres when fishing for sole, provided that they 
appear on a list to be drawn up annually. 
(d) Notwithstanding subparagraph (a), otter trawlers 
whose engine power does not exceed 221 kW 
and, in the case of derated engines, did not ex­
ceed 300 kW before derating, may fish in the 
area referred to in that point. 
(e) Notwithstanding .subparagraph (a), vessels whose 
engine power exceeds 221 kW may fish in the 
area referred to in the said point using otter 
trawls, provided that catches of plaice and sole 
which exceed 5 % by weight of the total catch on 
board are discarded immediately into the sea. 
The percentage shall be calculated in accordance 
with Article 2 (3) to (6). 
4. Inside the area within 12 miles of the coasts of the 
United Kingdom and Ireland, measured from the baselines 
from which the territorial waters are measured, no vessel 
shall fish using any beam trawl. 
Vessels however in any of the following categories may fish 
in the said area using beam trawls: 
— a vessel which entered into service before 1 January 
1987 and, except for vessels fishing for crustaceans, 
whose engine power does not exceed 221 kW and, in 
the case of derated engines, did not exceed 300 kW 
before derating, 3094/86 
Corrigendum (OJ No L 35, 6. 2.1987, p. 44) 
4193/88 - Art. 1 (4) 
2220/89 - Art. 1 
2220/89 - Art. 1 
2220/89 - Art. 1 
3094/86 
31 
— 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 as defined in paragraph 13 does not exceed 24 
metres, 
— a vessel which had its engine replaced after 31 De­
cember 1986 with an engine which is not derated and 
whose engine power does not exceed 221 kW. 
However, it shall be prohibited to use beam trawls of 
which the aggregate beam length, measured as the sum of 
the length of each beam, is greater than nine metres, ex­
cept when operating with gear designed and used for 
catching shrimps (Crangon spp.) or prawns (Pandalus mon-
tagui). 
5. Fishing vessels which do not satisfy the criteria per­
mitting them to be entered on the lists established pursu­
ant to paragraphs 3 and 4 shall be forbidden to engage in 
the fishing activities referred to in those paragraphs. 
6. Detailed rules for the implementation of paragraphs 3 
and 4, including rules for the establishment of the lists re­
ferred to in paragraph 3, shall be drawn up under the pro­
cedure laid down in Article 18. 
7. Engine power shall be defined as in Article 2 (8). 
8. Date of entry into service shall be the date of the 
first issue of an official safety certificate. 
If an official safety certificate is not issued, the date of 
entry into service shall be tihe date of first entry in an offi­
cial register of fishing vessels. 
However, in the case of fishing vessels which entered ser­
vice before 14 October 1986, the date of entry into service 
shall be the date of first entry in an official register of 
fishing vessels. 
9. It shall be prohibited to use trawls having a mesh size 
of less than 32 mm from 1 July to 15 September in the 
waters situated within three miles of the baselines in the 
Skagerrak and Kattegat. 
However, in trawling within these waters and during this 
period: 
— for deep-water prawn (Pandalus borealis), nets with a 
minimum mesh size of 30 mm may be used, 
— for eelpout (Zoarces viviparus), goby (Gobiidae) or 
scorpion fish (Cottus spp.) to be used for bait, nets 
with any size of mesh may be used. 3094/86 
Corrigendum (OJ No L 35, 6. 2.1987, p. 44) 
Corrigendum (OJ No L 35, 6. 2. 1987, p. 44) 
2220/89 - Art. 1 
1173/95 - Art. 1 
3094/86 
32 
10. It shall be prohibited to fish for anchovy using pelagic 
trawls in ICES Division VIII c). 
11. Within the zones referred to in this Article, where 
trawls, beam trawls, Danish seines or similar towed nets 
may not be used, it shall be prohibited to carry on board 
such nets unless they are properly lashed and stowed in 
accordance with Article 2 (7). 
12. It shall be prohibited to use explosives, poisonous or 
stupefying substances and guns for the purpose of fishing. 
However, harpoon guns may be used to catch tuna and 
basking shark. 
It shall be prohibited to use electric current in the Skager­
rak and Kattegat to catch fish other than tuna and basking 
shark. 
13. The length of a vessel shall be the length overall, de­
fined as the distance in a straight line between the fore­
most point of the bow and the aftermost point of the 
stern. 
The bow is to be taken to include the watertight hull struc­
ture, forecastle, stern and forward bulwark, if fitted, but to 
exclude bowsprits and safety rails. 
The stern is to be taken to include the watertight hull 
structure, transom, poop, trawl ramp and bulwark, but to 
exclude safety rails, bumkins, propulsion machinery, rud­
ders and steering gear, and divers' ladders and platforms. 
The length overall shall be measured in metres with an 
accuracy of two decimal places. 
14. The length of a beam trawl shall be measured be­
tween its extremities including all attachments thereto. 
15. (a) From 1 September to 31 December, it shall be 
prohibited to fish with any trawl, Danish seine or 
similar towed net in the geographical areas 
bounded by a line joining the following coordi­
nates: 
— the point on the north coast of Spain called 
Cabo Prior (latitude 43*34^, longitude 
8'19'W), 
— latitude 43'50'N, longitude 8'19'W, 
— latitude 43'25'N, longitude 9'l^W, 
— the point on the west coast of Spain called 
Cabo Villano (latitude 43*10'N, longitude 
9°12'W). 3094/86 
4193/88 - Art. 1 (6) 
345/92 - Art. 1 (7) 
33 
(b) From 1 October to 31 December, it shall be pro­
hibited to fish with any trawl, Danish seine or 
similar towed net in the geographical areas 
bounded by a line joining the following coordi­
nates: 
— the point on the west coast of Spain called 
Cabo Corrubedo (latitude 42*35'N, longi­
tude 9'05'W, 
— latitude 42'35'N, longitude 9'25'W, 
— latitude 43'00'N, longitude 9'30'W, 
— the point on the west coast of Spain at lati­
tude 43'00'N. 
(c) From 1 December to the last day of February in 
the ensuing year, it shall be prohibited to fish 
with any trawl, Danish seine or similar towed net 
in the geographical areas bounded by a line join­
ing the following coordinates: 
— a point on the west coast of Portugal at lati­
tude 37'50'N, 
— latitude 37'50'N, longitude 9°03'\V, 
— latitude 37'00'N, longitude 9°06'W, 
— a point on the west coast of Portugal at lati­
tude 37°00'N. 
16. It shall be prohibited for vessels using purse seines or 
towed gear with a mesh size permitted exceptionally for 
fishing mackerel, herring and horse mackerel, to carry au­
tomatic sorting equipment on board. 
Notwithstanding the first subparagraph, freezer vessels 
shall be authorized to carry automatic sorting equipment 
on board, provided that its sole function is commercial 
grading of all the fish caught and intended for freezing. 
Automatic sorting equipment must be installed in such a 
way that the catch resulting from the grading is immediate­
ly frozen for marketing and cannot easily be discarded into 
the sea. 
17. It shall be prohibited to undertake encirclements with 
purse seines on schools or groups of marine mammals 
when aiming to catch tuna or other species of fish. 
Notwithstanding Article 1 (1), this paragraph shall apply to 
all vessels flying the flag of, or registered in, a Member 
State in all waters under the sovereignty or jurisdiction of 
the Member States as well as outside those waters. 345/92- Art. 1 (7) 
3034/92-Art. 1 (2) 
34 
18. Trawling and purse seining for mackerel, sprat and 
herring shall be prohibited in the Skagerrak from Saturday 
midnight to Sunday midm'ght and in the Kattegat from 
Friday midnight to Sunday midnight. 
19. Purse seines shall not be used for catching tropical 
tuna (skipjack, bigeye and longfinned tuna) in waters 
under the sovereignty or jurisdiction of Portugal in ICES 
sub—area X north of Zd 2>(X N or in CECAF areas north 
of 31 *N and east of 17*30' W 
Article 11 
Restrictions in the use of driftnets 
1. No vessel may keep on board, or use for fishing, one 
or more driftnets whose individual or total length is more 
than 2,5 kilometres. 
2. Throughout the fishing referred to in paragraph 1, the 
net must, if it is longer than one kilometre, remain at­
tached to the vessel. However, within the 12-mile coastal 
band, a vessel may detach itself from the net, provided it 
keeps it under constant observation. 
3. Notwithstanding Article 1 (1), this Article shall apply 
in all waters, with the exception of the Baltic Sea, the 
Belts and the Sound, under the sovereignty or jurisdiction 
of the Member States and, outside those waters, to all fish­
ing vessels flying the flag of a Member State or registered 
in a Member State. 1796/94 - Art. 1 (2) 
2251/95 - Art. 1 (1) 
Article 9a 
345/92 - Art. 1 (8) 
Article 12 
No vessel shall use driftnets for catching tuna in waters 
under the sovereignty or jurisdiction of Spain or Portugal 
in ICES sub—areas VIII, IX or X or, notwithstanding Ar­
ticle 1, in waters under the sovereignty or jurisdiction of 
Spain in CECAF areas off the Canary Islands. 
Article 13 
Processing operations 
It shall be prohibited to carry out on board a fishing vessel 
any physical or chemical processing of fish to produce fish-
meal, oil or similar products. This prohibition shall not 
apply to the processing of offal. Article 9b 
2251/95 - Art. 1 (2) 
.Article 10 
3094/86 
35 
Article 14 
Scientific research 
This Regulation shall not apply to fishing operations con­
ducted solely for the purpose of scientific investigations 
which are carried out with the permission and under the 
authority of the Member State or Member States con­
cerned, and of which the Commission and the Member 
State or Member States in whose waters the research is 
carried out have been informed in advance. 
Fish, crustaceans and molluscs caught for the purposes 
specified in the first subparagraph may be sold, stored, dis­
played or offered for sale, provided that: 
— they meet the standards laid down in Annexes II and 
III and the marketing standards adopted pursuant to Ar­
ticles 2 of Council Regulation (EEC) No 3759/92 of 17 
December 1992 on the common organization of the mar­
ket in fishery and aquaculture products (l\ or 
— they are sold directly for purposes other t 
consumption. 
Article 15 
Artificial restocking and transplantation 
This Regulation shall not apply to fishing operations car­
ried out during the course of artificial restocking or trans­
plantation of fish, crustaceans or molluscs. 
Fish, crustaceans and molluscs caught for the purposes set 
out in the first subparagraph may be sold for human con­
sumption only if the other provisions of this Regulation 
are complied with. han human 3094/86 AnicleJJ. 
1555/88 - Art. 1 (2) 
TITLE VI 
FINAL PROVISIONS 
Article 16 
1. Where the conservation offish, crustacean or mollusc 
stocks calls for immediate action, the Commission may, in 
addition to or by way of derogation from this Regulation, 
adopt any measures necessary in accordance with the pro­
cedure referred to in Article 18. 
2. Where the conservation of certain species or fishing 
grounds is seriously threatened, and where any delay 
would result in damage which would be difficult to repair, 
the coastal State may take appropriate non-discriminatory 
conservation measures in respect of the waters under its 
jurisdiction. 
(1) OJ No L 388. 31. 12. 1992. p. 1. Regulation as last amended by 
Regulation (EC) No 3318/94 (OJ No L 350. 31. 12. 1994, p. 15). 
36 3094/86 Article 13 
3. The measures referred to in paragraph 2, together 
with an explanatory memorandum, shall be communicated 
to the Commission and the other Member States as soon 
as they are adopted. 
4. Within 10 working days of receipt of such notification, 
the Commission shall confirm the measures referred to in 
paragraph 2 or require their cancellation or amendment. 
The Commission's decision shall be immediately notified to 
the Member States. 
5. Member States may refer the Commission's decision 
to the Council within 10 working days of receiving the 
notification referred to in paragraph 4. 
6. The Council, acting by a qualified majority, may 
adopt a different decision within one month. 
Article 17 
1. Member States may take measures for the conserva­
tion and management of stocks: 
(a) in the case of strictly local stocks which are of interest 
solely to the fishermen of the Member State con­
cerned, or 
(b) in the form of conditions or detailed arrangements 
designed to limit catches by technical measures: 
(i) supplementing those laid down in the Commun­
ity legislation on fisheries, or 
(ii) going beyond the minimum requirements laid 
down in the said legislation, 
provided that such measures apply solely to the fishermen 
of the Member State concerned, are compatible with Com­
munity law, and are in conformity with the common fish­
eries policy. 
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 the measures 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 in question comply with the provi­
sions of paragraph 1. 
Where the Commission finds, by a decision which it shall 
notify to all Member States, that a planned measure does 
not comply with the provisions of paragraph 1, the 
Member State concerned may not bring it into force with­
out making the necessary amendments thereto. 
The Member State concerned shall immediately inform the 
other Member States and the Commission of the measures 
adopted, having made any amendments which may be 
necessary. 3094/86 
345/92 - Art. 1 (9) 
345/92 - Art. 1 (9) 
Article 14 
37 
3. Member States shall provide the Commission, on re­
quest, with all particulars necessary for an assessment of 
whether their national technical measures comply with the 
provisions of paragraph 1. 
4. At the instigation of the Commission, or at the re­
quest of any Member State, the question of whether a 
national technical measure applied by a Member State 
complies with paragraph 1 may be the subject of a deci­
sion taken in accordance with the procedure laid down in 
Article 18. Should such a decision be taken, the third and 
fourth subparagraphs of paragraph 2 shall apply mutatis 
mutandis. 
5. Measures relating to fishing from the shore shall be 
communicated by the Member State concerned to the 
Commission for information purposes only. 
Article 18 
Detailed rules for the implementation of this Regulation 
shall be adopted in accordance with the procedure laid 
down in Article 18 of Regulation (EEC) 3760/92. 
Article 19 
Regulation (EEC) No 3094/86 is hereby repealed. 
References to the said Regulation shall be construed as 
references to this Regulation and should be read in ac­
cordance with the correladon table set out in Part A of 
Annex VII. 
Article 20 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European Commu­
nales. 
However, the provisions of Article 2 (10) and of Annexes 
V and VI shall enter into force on 30 December 1997. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 3094/86 
Done at Brussels Article 15 
For the Council 
The President 
38 
ANNEX I 
Region 
1 and 2 Geographical 
area 
Entire region 
North Sea, 
south of latitude 
55 °N 
West of Scot­
land and Roc-
kall (ICES sub-
area VI) <3) 
ICES sub-area 
VII 
Entire region 
ICES sub-areas 
IL IV, V and VI 
north of latitude 
56°N 
Entire region 
except Skager­
rak and Katte­
gat 
Entire region 
except Skager­
rak and Katte­
gat Additional condi­
tions 
(9) Mini­
mum 
mesh 
size 
(mm) 
100 
diamond 
(l) 
80 (2) 
80 
80 
70 
90 0°) 
32 
35 Authorized tar­
get species 
All 
Sole 
(Solea vulguris) 
All 
All 
Norway lobster 
(Nephrops norve-
gicus) 
Whiting 
(Merlangius 
merlangus) 
Mackerel 
(Scomber scrom-
brus) 
Horse mackerel 
(Trachums tra­
chums) 
Herring 
(Cuplea haren-
gus) 
Pelagic cephalo-
pods 
Pilchards 
(Sardina pilchar-
dus) 
Blue whiting (4) 
(Micro mesistius 
poutassou) 
Prawns 
(Pandalus spp. 
excluding Panda­
lus montagui) Minimum 
percentage 
of target 
species 
5 
30 
70 (ID 
501 
50 
50 
. 
50 
50 
I or 80 
> cumu­
lated 
30 Maximum percen­
tage of protected 
species 
100 
100 
of which not more 
than 10 % cod, 
haddock and saithe 
100 
100 
60 
100 of which not 
more than 10 % 
cod, haddock and 
saithe and not more 
than 10 % of plaice 
1 
/ 10 
! 
50 345/92 -
Art. 1 (10) 
1909/95 Art. 1 
39 
Region 
1 and 2 
(cont'd) Geographical 
area 
Skagerrak and 
Kattegat 
Entire region 
Entire region 
except Skager­
rak and Katte­
gat 
Entire region 
except Skager­
rak and Katte­
gat 
Entire region 
Skagerrak and 
Kattegat outsi­
de four miles 
from the baseli­
nes 
Skagerrak and 
Kattegat within 
four miles of the 
baselines 
Skagerrak and 
Kattegat Additional condi­
tions 
Skagerrak Mini­
mum 
mesh 
size 
(mm) 
32 
30 
20 
16 
16 
35 
16 
16 
From 1 Novem­
ber to last day of 
February 16 
16 Authorized tar­
get species 
Herring 
(Clupea haren-
gus) 
Sprat 
(Sprultus sprat-
tus) 
Argentines 
(Argentina spp.) 
Prawns/shrimps 
(Pandalus monta-
gui and Crangon 
spp.) 
Sprat 
(Sprattus sprat-
tus) 
Eels 
(Anguilla anguil-
la) 
Shrimps/prawns 
(Crangon spp. 
and Palaemon 
adspersus) 
Shrimps/prawns 
(Crangon spp. 
and Palaemon 
adspersus) 
Greater weever 
(Trachinus draco) 
Molluscs except 
cuttlefish 
(Sepia officinalis) 
Garfish 
(Belone belone) 
Grey gurnard 
(Eutrigla gurnar-
dus) 
Blue whiting 
(Micromesistius 
poutassou) 
Sand-eels 
(Ammodytidae) Minimum 
percentage 
of target 
species 
50 
50 
30 
50 
20 
20 
20 
50 
50 
50 345/92 -
Art. 1(10) 
Maximum percen­
tage of proteaed 
species 
10 
10 
50 
10 
10 
50 
50 
10 
10 
10 
40 
Region Geographical 
area Additional condi­
tions Mini­
mum 
mesh 
size 
(mm) Authorized tar­
get species Minimum 
percentage 
of target 
species 345/92 -
Art. 1 (10) 
Maximum percen­
tage of protected 
species 
1 and 2 
(cont'd) Kattegat From 1 August to 
last day of Fe­
bruary 16 
From 1 March to 
31 July Sand-eels 
(Ammodytidae) 
Sand-eels 
(Ammodytidae) 50 
50 10 
10 
Entire region 
except fishing 
sector for Nor­
way pout (^0 16 Norway pout 
(Trisopterus es-
markii) 50 15. of which not 
more than 5 % of 
cod and haddock 1796/94 -
Art. 1 (3) 
North Sea From 1 Novem­
ber to last day of 
February 16 
From 1 March to 
31 October Sand-eels 
(Ammodytidae) 
Sand-eels 
(Ammodytidae) 50 
50 10 
10 
Entire region 
except North 
Sea and Skager­
rak and Katte­
gat Sand-eels 
(Ammodytidae) 50 10 
Skagerrak 
Kattegat and 90 All 100 
70 Whiting 
(Merlangius mer­
langus) 50 30 
except whiting 
35 Prawns 
(Pandalus bore a-
lis) 20 50 
32 Mackerel 
(Scomber scrom-
brus) 
Horse mackerel 
(Trachums tra­
chums) 50 10 
41 
Region 
3 
4 Geographical 
area 
Entire region 
Gulf of Cadiz 0s) 
Entire region 
Entire region Additional condi­
tions 
Seleaive trawls 
Non-seleaive 
trawls 
Within 12 miles 
of the Member 
States' baselines Mini­
mum 
mesh 
size 
(mm) 
65 
40 
65<6> 
50<6> 
55 
55 
40 
20 
20 
16 Authorized tar­
get species 
All 
Mackerel 
(Scomber spp.) 
Blue Whiting 
(Micromesistius 
poutassou) 
Herring 
(Chipea haren-
gus) 
Pelagic cephalo-
pods 
Horse mackerel 
(Trachums spp.) 
Norway lobster 
(Nephrops norve-
gicus) 
Norway lobster 
(Nephrops norvé­
giens) 
Shrimps 
(Parapenaeus 
longirostris, Aris-
teus aniennatus 
and Aristaeomor-
pha foliacea) 
All species ex­
cept those listed 
in Annex II for 
Region 3 
Pilchards 
(Sardina pilchar-
dus) 
Eels 
(Anguilla anguil-
la) 
Shrimps 
(Crangon spp. 
and Palaemon 
spp.) 
Sprat 
(Sprattus sprat-
tus) 
Anchovies 
(Engraulis encra-
sicholus) 
Sand-eels 
(Ammodytidae) Minimum 
percentage 
of target 
species 
50 \ 
50 I 
50 \ 
> or 80 
[ cumu-
\ lative 50 1 
50/ 
30 (7> 
30 C) 
30 
50 
50 
30 
50 Maximum percen­
tage of proteaed 
species 
100 
I 10 
60 
60 
50 
10 
10 
50 
10 345/92 -
Art. 1 ( 10) 
42 
Region 
5 
6 
7 
8 Geographical 
area 
Entire region 
Entire region 
Entire region 
Entire region Additional condi­
tions Mini­
mum 
mesh 
size 
(mm) 
65 
40 
20 
100 
45 Authorized tar­
get species 
'All 
Mackerel 
(Scomber spp.) 
and Horse Mac­
kerel 
(Trachums spp.) 
Bogue 
(Boops boops) 
Pilchards 
(Sardina pilchar-
dus) 
All 
Shrimps 
(Penaeus subtilis, 
Penaeus brasi-
liensis, Xiphope-
naeus kroyeri) Minimum 
percentage 
of target 
species 
80 
50 
30 Maximum percen­
tage of proteaed 
species 
100 
10 
10 
100 
50 
(1) 
(2) 
(3) 
(•*) 
(5) 
(M 
(7) 
(8) The upper half of the trawl cod-end may comprise a section (panel or window) of square mesh netting with a mesh size 
equal to or greater than 90 mm attached to the selvedges and joinings. 
It is forbidden to cany on board any trawl or netting with a mesh size smaller than that of the net being used for fishing. 
South of a line running west from the east coast of the Sound of Jura at latitude 56*00^. 
Blue whiting is not an authorized target species in the area bounded to the North by latitude 52'30'N and to the east by 
longitude 7'00'W. 
The fishing sector for Norway pout is understood as that part of the North Sea within the sovereignty or jurisdiction of 
a Member State and bounded to the south by a line starting from a point at 56*N on the east coast of Scotland as far as 
2*E, then running north to 58*N, west to 0*30/W, north to 59*15'N, east to 1*E, north to 60*N, west to longitude 0*00\ 
from there north to 60*30'N,west to the coast of the Shedand Isles, then west from 60* N on the west coast of the Shedands 
to 3"W, south to 58*30^ and finally west to the coast of Scotland. 
Selective trawls must comprise top cod-end with a minimum mesh size of 65 mm and a bottom cod-end with a minimum 
mesh size of 50 mm, separated by a horizontal panel of netting. 
25 % between 1 January and 31 March. 
The Gulf of Cadiz is defined as the area within ICES division EX a east of a line drawn due south from a point at longitude 
7*52^ on the south coast of Portugal. 345/92 -
Art. 1 (10) 
(9J All captures will be considered as realized with the netting of the smallest mesh size found on board. The distribution of 
the species caught and held on board, after sorting, OT during their transfer of their landing, must respect the provisions 
applying to the relevant minimum mesh size. For vessels working jointly to hoist a net, the catch composition on board each 
of these vessels shall conform to the netting of the vessel for which the mesh size is the smallest. 
(10) it is forbidden to carry on board any trawl or netting with a mesh size smaller than 90 mm. 
(u) The percentage of whiting is calculated according to the cumulated catches of: whiting + haddock + saithe + cod. 2120/92 
Art. 1 
43 
ANNEX II 
Minimum size of protected species as referred to in Ar­
ticle 2 (1) and Article 5 
Species 
Sturgeon (Acipenser sturio) 
Shad (Alosa spp.) 
Salmon (Salmo salar) 
Sea Trout (Salmo trutta) 
Eel (Anguilla anguilla) 
Conger eel (Conger conger) 
Cod (Gadus morhua) 
Ling (Molva molva) 
Blue ling (Molva dypterygia) 
Haddock (Melanogrammus aeglefinus) 
Saithe (Pollachius virens) 
Pollack (Pollachius pollachius) 
Whiting (Merlangius merlangus) 
Hake (Merluccius merluccius) 
Grey mullet (Mugil spp. ) 
Bass (Dicentrarchus labrax) 
Red seabream (Pagellus bogaraveo) 
Black seabream (Spondyliosoma cantha-
rus) 
Gilthead seabream (Spams aurata) 
Red mullet (Mullus surmuletus) 
Plaice (Pleuronectes platessa) 
Witch flounder (Glyptocephalus cyno-
glossus) 
Dab (Limanda limanda) 
Lemon sole (Microstomas kitt) 
Flounder (Platichthys flesus) 
Sole (Solea vulgaris) Region 
1 
35 
30 
35 
27 
30 
25 
28 
15 
25 
24 Region 2 
except 
Skagerrak 
and Katte­
gat 
30 
C) 
(*) 
n 
58 
35 
n 
70 
30 
35 
30 
23. 
30 
20 
36 
25 
23 
15 
25 (1) 
28 
15 (2) 
25 
25 
24 Skagerrak 
and Katte­
gat 
r> 
(•> 
C) 
30 
27 
30 
23 
30 
27 
28 
23 
25 
20 
24 Region 
145 
30 
50 
25 
n 
58 
35 
63 
70 
30 
35 
30 
23. 
27 
20 
36 
25 
23 
19 
15 
25 
28 
23 
25 
25 
24 Region 
4 
C) 
C) 
(') 
I") 
C) 
(') 
C) 
(*) 
r> 
i*) 
c) 
o 
c) 
(*) 
c) 
n (in cm) 
Region 
5 
C) 
(') 
r> 
c) 
et 
c) 
n 
c) 
o 
o 3094/86 
345/92 -
Art. 1 (11) 
4056/89 
Art. 1 (3) 
3094/86 
2024/88 -
Art. 1 (3) 
44 
(in cm) 3094/86 
Species 
Little Sole 
(Dicologoglossa cuneata) 
Mergim 
(Lepidorhombus spp.) 
Brill (Scolphthalmus rhombus) 
Turbot (Psetta maxima) 
Monkfish (Lophius piscatorius. L bude-
gassa) 
Cuttlefish (Sepia spp.) Region 
1 
25 
30 
30 
(*) Region 2 
except 
Skagerrak 
and Katte­
gat 
25 
30 
30 
C) 
O Skagerrak 
and Katte­
gat 
25 
30 
30 Region 
3 
15 
20 
30 
30 
C) 
O Region 
4 
(") 
C) 
n 
n 
o Region 
5 
n 
o 
n 
n 
{1) Except in the North Sea where the minimum size shall be 27 cm. 
(-' Except in the North Sea where the minimum size shall be 23 cm. 
!,) Size to be determined (see Ardcle 2 (1)). 4056/89 -
Art. 1 (3) 
3094/86 
Corrigendum 
(OJ No L 35, 
6. 2. 1987, 
p. 44) 
45 
ANNEX III 
Minimum size referred to in Article 5 
Species 
Herring 
(Clupea harengus) 
Mackerel 
(Scomber spp.) 
Mackerel (for indus­
trial purposes) 
Pout 
(Trisopterus luscus) 
Anchovy 
(Engraidis encrasicho-
lus) 
Sardine 
(Sardina pilchardus) 
Horse mackerel 
(Trachums spp.) 
Whole Norway lob­
ster 
(Nephrops norvegicus) Region 
1, 2, 3 and 
5 
1, 2, 3 and 
5 Geographical area 
ICES division V b) (EC 
zone) 
Except Skagerrak and Katte­
gat 
Skagerrak and Kattegat 
Except North Sea 
North Sea 
Skagerrak and Kattegat only 
Except Division DC a) 
Division DC a) 
Skagerrak and Kattegat only 
Except West of Scotland and 
Irish Sea (ICES divisions VI 
a) and VII a)) and Skager­
rak and Kattegat 
West of Scotland and Irish 
Sea (ICES divisions VI a) 
and VII a)) Minimum size 
20 cm 
20 cm 
18 cm 
20 cm 
20 cm 
30 cm 
30 cm 
(") 
12 cm 
10 cm 
C) 
15 cm 
40 mm carapace length 
130 mm overall length 
25 mm carapace length 
85 mm overall length 
20 mm carapace length 
70 mm overall length 
20 mm carapace length 
70 mm overall length 3094/86 
345/92 - Art. 1 (12) 
3094/86 
345/92 - Art. 1 (12) 
3094/86 
345/92 - Art. 1 (12) 
2024/88 - Art. 1 (5) 
46 
Species 
Tails of Norway lob­
ster 
Lobster 
(Homarus gqmmarus) 
Spinous spider crab 
(Maia squinado) 
Edile crab 
(Cancer pagurus) 
Scallop 
(Pecten maximus] 
Clam 
(Venus verrucosa) 
Squid 
(Loligo vulgaris) Region 
2 and 3 Geographical area 
Skagerrak and Kattegat only 
Except West of Scotland and 
Irish Sea (ICES divisions 
Via) and Vila)) and Ska­
gerrak and Kattegat 
West of Scotland and Irish 
Sea (ICES divisions VI a) 
and VII a)) 
Except Skagerrak and Katte­
gat 
Skagerrak and Kattegat only 
Except ICES Division VII d) 
ICES Division VII d) 
ICES divisions VII d) and 
VII e) only Minimum size 
72 mm 
46 mm 
37 mm 
37 mm 
85 mm carapace length 
24 cm overall length 
78 mm carapace length 
22 cm overall length 
120 mm 
120 mm 
width 
length 
claw 
width 
length 
claw 
100 mm 
110 mm 
40 mm 
(*) 
("' Size to be determined. 3094/86 
2024/88 - Art. 1 (5) 
Corrigendum (OJ No L 189, 
20. 7. 1988, p. 29) and 
Corrigendum (OJ No L 230, 
19. 8. 1988, p. 47) 
3094/86 
345/92 - Art. 1 (12) 
3094/86 
47 
ANNEX TV 
Method for determining the size of crustaceans and mol­
luscs 3094/86 
(Homarus) 
Lobster 
(a) Carapace length 
(b) Overall length (Nephrops) 
Norway lobster 
(Venus verrucosa) 
Clam 
(a) Maximum length of the shell 
48 
1°.*.» *»t V «^ > V^~ ^ 
l-Js^=^S 
<**&, (b) 
(Mo/g squinado) 
Spinous spider crab 
(a) Maximum width of carapace 
(b) Length of carapace 
(c) Length of claw 
49 >094/86 
Corrigendum (OJ No 
L 35, 6. 2. 1987, p. 44) 
Species/mesh 
Pilchard (Sardina pilchardus) 
Eel (Anguilla anguilla) 
Sprat (Sprattus sprattus) 
Horse mackerel (Trachums trachums) 
Herring (Clupea harengus) 
Mackerel (Scomber scombrus) 
Red mullets (Mullidae) 
Garfish (belone spp.) 
Bass (Dicentrarchus labrax) 
Grey mullets (Mugilidae) 
Dab (Limanda limanda) 
Haddock (Melanogrammus aeglefinus) 
Whiting (Merlangius merlangus) (2) 
Flounder (Platichthys flesus) 
Sole (Solea vulgaris) 
Plaice (Pleuronectes platessa) 
Cuttlefish (Sepia spp.) 
Cod (Gadus morrhua) 
Pollack (Pollachius pollachius) (3) 
Ling (Molva molva) 
Saithe (Pollachius virens) 
Hake (Merluccius merluccius) (3) 
Spurdog (Squalus acanthias) 
Spotted dogfish (Scyliorhinus spp.) 
Megrim (Lepidorhombus spp.) 
Lumpfish (Cyclopterus lumpus) 
Others ANNEX V 
Regions 1 and 2 
10-30 mm 
* 
* 50-70mm 
* 
* 
* 90-99 mm 
* 
* 
* 
* 
* 100-119 mm 
* 
* 
* 
* 
* 3071/S 
120-219mm 
* 
-
: 
* 
* 5 Art. 1 (2) 
>220 mm 
« 
* 
* 
* 
* 
•o 
(0 Catches of anglerfish (Lophius spp.) taken from ICES divisions VI and VII and retained on board in excess of 30 % of the total 
catch on board from those areas must be taken with a minimum mesh size of 250 mm or greater. 
(2) In ICES divisions Vile and Vlld, for a period of two years following the entry into force of this Regulation, the minimum size 
will be 90 mm. 
(3) In ICES divisions Vile and Vlld, for a period of two years following the entry into force of this Regulau'on, the minimum size 
will be 110 mm. 
50 
Species/mesh size 
Pilchard (Sardina pilchardus) 
Prawns (Palaemon spp.) 
Rainbow wrasse (Coris Julis) 
Bogue (Boops boops) 
Shrimps (Penaeus spp.) 
Mantis shrimp (Squilla mantis) 
Red mullets (Mullidae) 
Wedge sole (Dkologoglossa cuneata) 
Wrasses (Labridae) 
Horse mackerel (Trachums trachums) 
Mackerel (Scomber scombrus) 
Pout (Trisopterus luscus) 
Cuttlefish (Sepia spp.) 
Gurnards (Triglidae) 
Sea breams (Sparidae) 
Rockfish (Scorpaenidae) 
Eyed sole (Microchirus acevia) 
Short-finned squid (Ommatostrephidae) 
Conger (Conger conger) 
Forkbeards (Phycis spp.) 
Brill (Scophtalm'is rhombus) 
Weavers (Trachinidae) 
Picarels (Centracanthidae) 
Bass (Dicentrarchus labrax) 
Whiting (Merlangius merlangus) 
Turbot (Psetta maxima) 
Pollack (Pollachius pollachius) 
Flounders (Pleuronectidae) 
Sole (Solea vulgaris) (l) 
Hake (Merluccius merluccius) (*) 
Others (2) < 40 mm 
* 
* 
• ANNEX VI 
Region 3 
40-49mm 
* 
* 
* 
* 
* 
* 
* 50-59 mm 
* 
* 
* 
* 
* 
* 60-79 mm 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 3071/9 
80-99 mm 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 5 Art. 1 (2) 
>100mm 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
+ 
* 
* 
* 
* 
* 
(0 In ICES divisions VIIIc and EX the minimum mesh size will be 80-99 mm. However, for a period of two years following the 
entry into force of this regulation, the minimum mesh size will be 60 mm. 
(2) Catches of anglerfish (Lophius spp.) and retained on board in excess of 30 % of the total catch on board mu.st be taken with a 
minimum mesh size of 220 mm or greater. 
51 
ANNEX VU 
Part A 
CORRELATION TABLE 
Regulation (EEC) 3094/86 Present Regulation 
Article 1 
Article 2(1) 
Article 2 (2) 
Article 2 (3) 
Article 2 (4) 
Article 2 (5) 
Article 2 (6) 
Article 2 (7) 
Article 2 (10) 
Article 2 (11) 
Article 2 (12) 
Article 3 
Article 4 
Article 5 (1) 
Article 5 (2) 
Article 5 (3) (a) 
Article 5 (3) (b) first indent 
Article 5 (3) (b) second indent 
Article 5 (3) (b) third indent 
Article 5 (3) (b) fourth indent 
Article 5 (3) (c) 
Article 5 (4) 
Article 5 (5) 
Article 6 
Article 7 
Article 7a 
Article 8 
Article 9 (1) 
Article 9 (2) 
Article 9 (3) 
Article 9 (4) 
Article 9 (4a) 
Article 9 (5) 
Article 9 (6) 
Article 9 (7) 
Article 9 (8) 
Article 9 (9) 
Article 9 (10) 
Article 9 (11) 
Article 9 (12) 
Article 9 (13) 
Article 9 (15) 
Article 9 (16) 
Article 9 (17) 
Article 9 (18) 
Article 9 (19) Article 1 
Article 2 (1) 
Article 2 (2) 
Article 2 (3) 
Article 2 (4) 
Article 2 (5) 
Article 2 (6) 
Article 2 (7) 
Article 2 (8) 
Article 2 (9) 
Article 2 (10) 
Article 3 
Article 4 
Article 5 (1) 
Article 5 (2) 
Ardcle 5 (3) (a) 
Article 5 (3) (b) first indent 
Article 5 (3) (b) second indent 
Article 5 (3) (b) third indent 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
.Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 5 (3) (c) 
5(4) 
5(5) 
6 
7 
8 
9 
10(1) 
10(2) 
10(3) 
10(4) 
10(5) 
10(6) 
10(7) 
10(8) 
10(9) 
10 (10) 
10(11) 
10(12) 
10(13) 
10 (14) 
10(15) 
10 (16) 
10 (17) 
10 (18) 
10 (19) 
52 
Regulation (EEC) 3094/86 Present Regulation 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 9a (1) 
9a (2) 
9a (3) 
9a (4) 
9b 
10 
11 
12 
13 
14(1) 
14(2) 
14(3) 
14(4) 
14(5) 
14(6) 
14(7) 
15 Article 11 (1) 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX I 
I — footnote 
I — footnote 
I — footnote 
I — footnote 
I — footnote 
I — footnote 
I - footnote 
I — footnote 
I — footnote 
I — footnote 
I - footnote 
I — footnote 
I — footnote 
I — footnote 
I — footnote 
I — footnote 
II — footnote 
II - footnote 
II — footnote 
II — footnote 
II — footnote 
II - footnote 
II — footnote 
II - footnote 
III 
IV 
VI 
VII 
V 1) 
2) 
3) 
4) 
5) 
6) 
7) 
8) 
9) 
10) 
H) 
12) 
13) 
14) 
15) 
16) 
(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
n Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 11(2) 
11(3) 
12 
13 
14 
15 
16 
17(1) 
17(2) 
17(3) 
17(4) 
Article 17 
Article IS 
Article 19 
Article 20 
ANNEX I 
ANNEX I 
ANNEX I 
ANNEX I 
ANNEX I 
.ANNEX I 
ANNEX I 
ANNEX I (5) 
- footnote (1) 
- footnote (2) 
- footnote (3) 
- footnote (4) 
- footnote (5) 
- footnote (6) 
- footnote (7) 
ANNEX I - footnote (8) 
ANNEX I - footnote (9) 
ANNEX I - footnote (10) 
ANNEX I-footnote (11) 
ANNEX II - footnote (1) 
ANNEX II - footnote (2) 
ANNEX II - footnote (*) 
ANNEX IU 
ANNEX IV 
ANNEX V 
ANNEX VI 
ANNEX VII 
53 
Part B 
Regulations amending the repealed Regulation (EEC) No 3094/86 
Regulation (EEC) No 4026/86 
Regulation (EEC) No 2968/87 
Regulation (EEC) No 3953/87 
Regulation (EEC) No 1555/88 
Regulation (EEC) No 2024/88 
Regulation (EEC) No 3237/88 
Regulation (EEC) No 4193/88 
Regulation (EEC) No 2220/89 
Regulation (EEC) No 4056/89 
Regulation (EEC) No 3500/91 
Regulation (EEC) No 345/92 
Regulation (EEC) No 1465/92 
Regulation (EEC) No 2120/92 
Regulation (EEC) No 3034/92 
Regulation (EEC) No 3919/92 
Regulation (EC) No 1796/94 
Regulation (EC) No 1173/95 
Regulation (EC) No 1909/95 
Regulation (EC) No 2251/95 
Regulation (EC) No 3071/95 No 
L376 
L280 
L371 
L140 
L179 
L292 
L369 
L211 
L389 
L331 
L42 
L155 
L213 
L307 
L397 
L187 
L118 
L184 
L230 
L329 Official Journal 
date 
31. 12.1986 page 
1 
1 
9 
1 
1 
5 
1 
6 
75 
2 
15 
1 
3 
1 
1 
1 
15 
1 
11 
14 3. 10.1987 
30. 12. 1987 
7. 6. 1988 
9. 7.1988 
26. 10. 1988 
31.12.1988 
22. 7.1989 
30. 12.1989 
3. 111991 
18.2.1992 
6. 6.1992 
29. 7.1992 
23.10.1992 
31.12.1992 
22. 7.1994 
25. 5.1995 
3. 8.1995 
27. 9.1995 
30. 12.1995 
54 
ISSN 0254-1475 
COM(96) 317 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-96-324-EN-C 
ISBN 92-78-05941-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
55