Proposal for a COUNCIL REGULATION (EC) amending for the fifth time Regulation (EEC) No 1866/86 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound
Date: 1995-03-17
Institutions: European Commission
Subjects: conservation of fish stocks, fishery resources, fishing area, fishing net, fishing regulations, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  17.03.1995 
COM(95) 70 final 

95/0068 (CNS) 

Proposal  for  a 

COUNCIL REGULATION (ECV 

amending for the fifth time Regulation (EEC) No 1866/86 laying down certain 
technical measures for the conservation of fishery  resources in the waters of  the 
Baltic Sea, the Belts and the Sound 

(presented by the Commission) 

EXPLANATORY MEMORANDUM 

This proposal to amend for the fifth time Council Regulation (EEC) No  1866/86 laying down 
certain technical measures for the conservation of fishery  resources in the waters of the Baltic 
Sea, the Belts and the Sound1 is based on the recommendations of the International Baltic Sea 
Fishery  Commission  made at  the twentieth  session  of  the  Commission  which  took  place  in 
Gdynia on  12 to  16 September  1994. 

Under the Convention on fishing and conservation of the living resources in the Baltic Sea and 
the Belts, to which the Community  acceded by Council  Decision 83/414/EEC2, the proposed 
measures  must  be  incorporated  into  Community  law.  In  accordance  with  Article  XI  of  the 
Convention the recommendations on which agreement has been reached will be binding  from 
I January  1995. However, for some recommendations covering mesh sizes, provision is made 
for  an adjustment  period up to  1 June  1995. 

The  proposed  measures  mainly  concern  the  strict  application  of  the  ban on  the  keeping  on 
board of gear other than that with a mesh opening authorized for the cod fishery,  adjustments 
to mesh sizes for the cod and flatfish  fisheries,  technical provisions concerning the selectivity 
of fishing gear and the introduction of restrictions on the percentages of the by-catches of cod 
in order to ensure better use of existing  fishing  opportunities  for  that species. 

This  proposal  contains  the  amendments  to  Regulation  (EEC)  No  1866/86 required  for  that 
purpose. 

OJNoL162,  18.6.1986, p. 1. 

OJ No L 237, 26.8.1983, p. 4. 

Proposal  for  a 

COUNCIL REGULATION  (Ed)  No 

of 

1995 

amending  for the fifth time Regulation  (EEC) No  1866/86 laying down certain 
technical  measures  for  the conservation  of fishery resources in the waters of the 
Baltic Sea,  the Belts and the Sound 

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 Commission1, 

Having regard to the opinion of the European  Parliament2, 

Having  regard  to the opinion of the Economic and Social Committee3, 

Whereas, under Articles 2 and 4 of Council Regulation (EEC) No 3760/92 of 20 December 
1992 establishing a Community  system for fisheries  and aquaculture4, it is the responsibility 

of  the  Council  to  adopt,  in  the  light  of  the  available  scientific  advice,  die  conservation 

measures  necessary  to  ensure  the  rational  and  responsible  exploitation  of  living  marine 

aquatic  resources  on  a  sustainable  basis;  whereas  to  that  end  the  Council  may  lay  down 

technical  measures concerning  fishing  gear and the ways in which  it is used; 

OJNo.... 

Opinion delivered on  .... 

Opinion delivered on  ... 

OJ No L 389,  31.12.1992,  p.  1. 

1 0L 

Whereas  it  is  necessary  to establish  the principles  and certain procedures  for  laying down 

those  technical  measures  at Community  level  so  that each  Member  State  can  manage the 

fishing  activities  carried  on  in  the  maritime  waters  within  its  jurisdiction  or  under  its 

sovereignty; 

Whereas Council  Regulation (EEC) No  1866/865, as last amended by Regulation (EEC) No 
2156/916,  lays down certain technical measures for the conservation of fishery resources in 

the waters  of  the Baltic Sea,  the Belts and the Sound; 

Whereas  the  International  Baltic  Sea  Fishery  Commission,  set  up  by  the  Baltic  Sea 

Convention (Gdansk Convention) and hereinafter referred to as the 'Baltic Sea Commission', 

lays down  the  rules governing fishing  operations in that Sea; 

Whereas,  by  letters  of  20  September  1993  and  20  September  1994,  the  Baltic  Sea 

Commission  notified  the  Contracting  States  of  certain  recommendations,  adopted  at  the 

nineteenth  and  twentieth sessions  of  the Commission  respectively  to modify,  among other 

things,  the technical measures; 

Whereas  the  aforementioned  Convention provides  that the Community  must give effect  to 

these recommendations  in the waters of the Baltic Sea, the Belts and the Sound subject to the 

objection procedure laid down in Article XI of the Convention; whereas there are no grounds 

for  such  objections, 

OJNoL  162,  18.6.1986,  p.  1. 

OJ No L 201, 24.7.1991, p.  1. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EEC)  No  1866/86  is hereby amended as follows: 

1.  The following  paragraph  la  is added to Article 2: 

"la.  Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Sound from 

1 June to 31 August 1995". 

2.  Article 3(4)  is replaced by the following: 

"4.  By  way  of  derogation  from  paragraph  3,  undersized  cod  may  be  kept  on board 

within a limit of 5% by weight of the cod catch on board." 

3.  The following  paragraph 5 is added to Article 3: 

"5.  The by-catch of cod taken when fishing  for herring and sprat shall not exceed 10% 

of the total weight of the catch.  Of this by-catch of cod, no more than 5 %  of undersized 

cod shall be kept on board." 

4.  Article 6(1) is replaced by the following: 

"1.  During the inspection of nets, meshes shall be measured using a flat gauge which is 

2 mm thick and which is made of durable material that will retain its shape. It shall have 

several parallel-edge sides connected by intermediate tapering sides each with a taper of 

1 cm in 8 cm or shall have tapering sides only with the same taper as indicated above. 

The  gauge  shall  be  inscribed on  its surface  with the width in millimetres both on the 

parallel-sided  section  where one  exists  and on the tapering  section.  In the case  of the 

latter,  the width shall be inscribed every  1 mm interval and the indication of the width 

shall appear at regular intervals." 

5.  The following  paragraph 3 is added to Article 8: 

"3.  By  way  of  derogation  from  paragraph  1,  during  fishing  for  cod,  only  gear 

authorized  for  the cod fishery or gear with a larger mesh size  than those  laid down in 

Annex  IV  may  be allowed  to be  kept  on  board.  If  there  is gear on  board  that  is  not 

authorized  for  the cod fishery,  the landing of cod shall be prohibited." 

6. 

In  Annex  I,  references  to  the  'German  Democratic  Republic'  are  replaced  by  the 

'Federal  Republic of Germany'. 

7.  Annex  III  is amended in accordance  with Annex I to this Regulation. 

8.  Annex  IV is amended in accordance with Annex II to this Regulation. 

9.  Annex  V as shown  in Annex III to this Regulation is hereby added. 

Article 2 

This  Regulation  shall enter into force  on the seventh day following  its publication in the 

Official  Journal of  the European Communities. 

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

States. 

Done  at Brussels, 

For the Council 

The President 

ANNEX  I 

"Annex III: Minimum sizes referred to in Article 3(3) 

Species 

Waters 

Minimum  size 

Cod  (gadus morhua) 

Flounder  (Platichthys 
flesus) 

all subdivisions  south of 
latitude 59*30'  N 

subdvisions 22 to 25 

•  ."• 

subdivisions  26 to 28 

subdivisions 29 and  32 
south of  latitude 59'30' 

35 cm 

25 cm 
•-
21cm 

18 cm 

Plaice  (Pleuronectes 
platessa) 

subdivisions 22 to 25 

25 cm 

; 

. 

. 

•  -- 

'.. 

_ _ _ __ 

subdivisions 26 to 28 

21cm 

subdivisions 29 and  32 
south of  latitude 59*30' 

18 cm 

Turbot  (Psetta maxima) 

subdivisions 22 to 32 

30 cm 

Brill  (Scophtalmus 
rhombus) 
Eel  (Anguilla anguilla) 

subdivisions 22 to 32 

30 cm 

; 

subdivisions 22 to 32 

35 cm 

Salmon  (Salmo salar) 

subdivisions 22 to 32 

60 cm 

ANNEX  II 

"Annex  IV:  Minimum mesh size provided  for  in Article 5 

(a) Provisions applicable  from  1 January to 31 May  1995 

Species 

Waters 

Type of net 

Cod 
(Gadus  morhua) 

subdivisions  22 to 32 

driftnets 

south of  latitude 59 " 
30'  N 

trawls,  Danish  seines 
and  similar  nets 

Minimum mesh size 
Lenght  of  long 
diagonal 

105 mm. 

105 mm. 

Flatfish 
(Pleuronectidae) 

subdivisions  22 to 27 
and  subdivision  28 west 
of  longitude  21*  00'  E 
and  subdivision  29 
south  of  latitude 59" 
30'  N and west of 
longitude 21*00 E 

trawls,  Danish  seines 
and  similar nets 

90 mm. 

subdivision  28 east of 
longitude 21*00 E 

trawls,  Danish  seines 
and similar  nets 

80 mm. 

subdivisions  29 and  32 
south of latitude  59' 
30'  N and east of 
longitude  21*  00'  E 

subdivisions  22 to 27 

subdivision  28 and 29 
south of  latitude  59' 
30'  N 

subdivisions  30 tot  32 
and  subdivision  29 
north  of  latitude  59 ' 
30'  N 

subdivisions  22 to 32 

driftnets 

trawls,  Danish  seines 
and  similar nets 

100 mm. 

70 mm. 

trawls,  Danish  seines 
and similar nets 

32 mm. 

trawls,  Danish  seines 
and similar nets 

28 mm. 

trawls,  Danish  seines 
and similar nets 

16 mm. 

trawls,  Danish  seines 
and similar nets 

16 mm. 

subdivisions  22 to 32 

anchored  floating  nets 
and  driftnets 

157 mm. 

Herrring 
(Clupea  harengus) 

Sprat 
(Clupea sprattus) 

Salmon 
(Salmo salar) 

(ANNEX  II contd) 

(b)  Provisions  applicable  from  1  June  1995 

'Species 

Waters 

Type of net 

Cod 
(Gadus  morhua) 

subdivisions 22 to 32 

driftnets 

subdivisions 22 to 32 

trawls,  Danish  seines 
and  similar  nets (1) 

Minimum  Mesch size 
Lenght  of  long 
diagonal 

105 mm. 

105mm. 

subdivisions 22 to 32 

trawls,  Danish  seines 
and similar nets 

120 mm (2) 

Flatfish 
(Pleuronectidae) 

subdivision  22 to 27 

subdivision  28 

subdivisions  29 and  32 
south  of  latitude  59' 
30'  N 

trawls,  Danish seines, 
similar  nets and 
driftnets 

trawls,  Danish  seines, 
similar  nets and 
driftnets 

driftnets 

trawls,  Danish  seines 
and  similar nets 

120 mm.(2)(3) 

110 mm. 

100 mm. 

110 mm.  -

subdivisions 22 to 32 

trawls,  Danish  seines 
and  similar nets (1) 

105 mm.(4) 

Herrring 
** 
(Clupea  harengus) 

subdivisions  22 to 27 

subdivisions 28 and 29 
south  of  latitude 59* 
30'N 

subdivisions  30 to 32 
and subdivision  29 
north of  latitude 
59'30'N 

subdivisions 22 to 32 

trawls,  Danish  seines 
and similar nets 

trawls,  Danish seines 
and  similar nets 

32 mm. 

28 mm. 

trawls, Danish  seines 
and  similar nets 

16 mm. 

trawls,  Danish  seines 
and  similar  nets 

16 mm. 

subdivisions  22 tot  32 

anchored  floating  nets 
and  driftnets 

157 mm.' 

Sprat 
(Clupea  sprattus) 

Salmon 
(Salmo solar) 

(1)  Nets  fitted  with  devices  such  as  exit  windows  or  structures  that  comply  with  the 
provisions  of  Annex  V,  capable  of  guaranteeing  a 50%  retention  length  of  not  less  than 
38 cm. 

(2)  Mesh  size applicable to all  meshes  in the final  8 m of  the cod end,  measured  from the 
codline,  the meshes being stretched according  to the longitudinal  centreline of  the net. 

(3)  With  the exception  of  subdivisions  22  and 23  where  sole fishing is authorized  with a 
mesh size  not smaller than 90 mm. 

(4)  With the exception  of  the area west of  longitude  14°00  in subdivisions 22 to 24 where 
fishing with trawls, Danish seines and similar nets is authorized with a mesh size not smaller 
than 90 mm." 

ANNEX III 

"Annex  V:  SPECIAL SELECTIVITY  DEVICES 

In  order  to guarantee  the  selectivity  of  trawls,  Danish  seines and  similar  nets  with  special 
mesh  openings  as  referred  to  in  Annex  IV,  the  two  models  of  exit  windows  below  shall 
be/are  authorized: 

Exit  window  (model  1) 

Two exit windows with plastic coated, fully  opened diamond meshes shall be attached to the 
cod  end  of  trawls and  Danish  seines  in the cod  fishery.  The mesh opening  shall  be  no less 
than  108 mm.  The exit windows shall be attached  with a separate piece of netting  (between 
the  ordinary  diamond  meshes  and  the  meshes  of  the  exit  window).  The  mesh  size  of  the 
separate netting shall be identical to the bar length of the exit window times the square root 
of two. 

The exit window shall be attached on both sides of the cod end, and the distance between the 
rear end of the cod end and the window shall be 40 to 50 cm. The length of the window shall 
be 80% of the total length of the cod end and the height of the window shall be 50 cm.  The 
window shall be mounted in a way that gives an opening between the upper and lower seams 
of  the window of  15 to 20 cm. 

Exit  window  (model 2) 

Identification 

The  Windows  shall  be  rectangular  sections  of  netting  in  the  cod  end.  There  shall  be  two 
windows  in the cod end. 

Size 

Each  window  shall  have a minimum  width of 45 cm along  its entire  length.  Each  window 

* 

9 

shall  have a minimum  length of  3,5  m measured  along  its sides (Figure  1 of  Diagram  2). 

Netting 

The  meshes  in  the  windows  shall  have  a minimum  size  of  105 mm.  They  shall  be  square 
meshes,  i.e.  all  four  sides of  the window  netting  will  be cut all  bars  (Figure  2 of  Diagram 
2).  The  netting  shall  be  mounted  such  that  the  bars  run  parallel  and  perpendicular  to  the 
length of the cod end (Figure 2). The window width shall be eight open square meshes. The 
length  shall  be between  57 and  62 square meshes  (Figure 2 of  Diagram 2). 

Location 

The cod end shall be divided  into upper and lower panels by selvedges running down the port 
and starboard  sides (Figure  1 of Diagram 2). The two windows shall be located  in the lower 
panel,  immediately  adjacent  to  and  below  the  selvedges  (Figure  1  of  Diagram  2).  The 
windows shall  terminate  a minimum of 2 m and a maximum of 2,5  m from  the codline. 

The forward  end of the window shall be joined to eight meshes width of the normal cod end 
netting (Figure 3 of Diagram 2). One side shall join to the selvedge or be joined  immediately 
adjacent  to the selvedge and the other side shall be joined to the normal cod end lower panel 
netting  following  a straight  all knots cut. 

Mesh  size in the whole cod end 

All  parts of  the cod  end  shall  conform  to a minimum  mesh size of  105 mm. " 

10 

Diagram  ( E x it  Window  Model  1} 

Figure  1  Position of  the square mesh  windows  in  the  codead 

A  suggested specification 

lifting s^op 

Windows 3-54 m 

03  m 

1.8 m 

0.3  m 

Square mesh windows arc 0.48 m  high 

Codend  cross  section 

4  meshes in selvedge 

4  meshes in selvedge 

8  meshes for 
window of 
square meshes 

J&L 

Figure 2 
Netting in the square mesh windows 
A suggested specification 

Square mesh window 
8 x 59 square meshes 

60 mm half mesh 
4 mm double polyethelene 
107 mm inside mesh size 

All four sides 
reinforced with 8 mm 
polypropylene rope 

AS 

Figure 3  Inserting the window in the codend 

A suggested specification 

SotvodQO 

Forward end of codond 

j 
I 

knots 

knots 

354 cm 
stretched 
longth 

Codond 

100 moshos In GO mm half mosh 
49% moshos long (6 m) 
4 mm double polyethelono 
107 mm Insido mesh size 

Lowor panel 

2'A mesh -  30 cm 

29% mesh 

- 3 54  cm 

2% mesh -  30 cm 

15 mesh- 180 cm 

Rings (or the lifting becket 

Opening (or square mash windows 

6  mashes wide x 29% meshes long 

^ W W ^ ^ W W W Wi 

CodUno 

Centodne 
of lower panel 

AH 

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COM(95) 70  final 

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