Amended 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: 1995-05-30
Institutions: European Commission
Subjects: conservation of fish stocks, fishery resources, fishing area, fishing net, fishing regulations, sea fish

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

* 

it 

Brussels,  30.05.1995 
COM(95)21l  final 

95/0068 (CNS) 

Amended 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 

(presented  by  the  Commission  pursuant  to  Article  189 a (2) 
of the EC-Treaty) 

p 

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 recommeildations on which agreement has been reached will be binding  from 
1 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. 

O J N oL  162,  18.6.1986,  p.  1. 

O J N o L 2 3 7,  26.8.1983, p. 4. 

y 

(Draft)  Modified  proposal 

COUNCIL  REGULATION  (EC) 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,  the  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; 

OJ No  .... 

2 

Opinion delivered  on  .... 

Opinion delivered  on  .... 

OJNoL389,  31.12.1992,  p.  1. 

1<X-

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, 

O J N oL  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) 

Plaice  (Pleuronectes 
platessa) 

, 

all  subdivisions  south of 
latitude  59'30'  N 

35 cm 

subdivisions  22 to 25 

25 cm 

subdivisions  26 to 28 

21 cm 

subdivisions  29 and  32 
south  of  latitude  59° 30' 

18 cm 

subdivisions  22 to 25 

25 cm 

subdivisions  26 to 28 

21 cm 

subdivisions  29 and  32 
south of  latitude  59 "30' 

18 cm 

Turbot  (Psetta  maxima) 

subdivisions  22 to 32 

30 cm 

Brill  (Scophtalmus 
rhombus) 

subdivisions  22 to  32 

30 cm 

Eel  (Anguilla anguilla) 

subdivisions  22 to 32 

35 cm 

Salmon  (Salmo  salar) 

subdivisions  22 to 32 

60 cm" 

2) 

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 

gillnets 

south  of  latitude 59 * 
30' N 

trawls,  Danish  seines 
and  similar  nets 

Minimum  mesh  size 
Length  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 2TOO 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 

gillnets 

trawls,  Danish  seines 
and  similar  nets 

trawls,  Danish  seines 
and  similar  nets 

trawls,  Danish  seines 
and  similar  nets 

100 mm. 

70 mm. 

32 mm. 

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 

Herring 
(Clupea  harengus) 

Sprat 
(Clupea sprattus) 

Salmon 
(Sol/no  salar) 

(ANNEX  II contd) 

(b) Provisions  applicable  from  1 June  1995 

"Species 

Waters 

Type of net 

Cod 
(Gadus morhua) 

subdivisions  22 to 32 

gillnets 

subdivisions  22 to 32 

subdivisions  22 to 32 

trawls,  Danish  seines 
and  similar  nets (1) 

trawls,  Danish  seines 
and similar  nets 

Minimum  Mesh  size 
Length  of  long 
diagonal 

105 mm. 

105 mm. 

120 mm (2) 

Flatfish 
(Pleuronectidae) 

subdivision  22  to 27 

trawls,  Danish  seines, 
similar nets and  gillnets 

120 mm.(2)(3) 

subdivision  28 

trawls,  Danish  seines, 
similar nets and  gillnets 

110 mm. 

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

subdivisions  22 to 32 

gillnets 

trawls,  Danish  seines 
and  similar  nets 

trawls,  Danish  seines 
and  similar  nets (1) 

100 mm. 

110 mm. 

105 mm.(4) 

Herring 
(Clupea harengus) 

subdivisions  22 to 27 

trawls,  Danish  seines 
and  similar  nets 

32 mm. 

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 

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 salar) 

(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  105 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 
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 

Diagrajn 

(Exit:  Window  Model  1} 

o r d i n a ry  diamond 
meshes 

scpaxa.Ce  p i e ce 
of  n e t t i ng 

EXIT  WINDOW,  . 
o p e n ed  d i a m o nd 
meshes 

[5-20c~ 

SOcr" 

JÂ 

Figure  1  Position  of  the square  mesh  windows  in  the codend 

A suggested  specification 

Wljnj,  ,l j o |i 

S=C 

I 

r 

0.3  m 

Windows  3.54 in 

H 

I 

0.3  m 

A 

1.8 m 

Squ2rc mcsh  windows  arc 0.48 m  high 

Codend cross  section 

4  meshes  in  selvedge 

4  meshes  in  selvedge 

8  meshes  for 
window  of 
square  meshes 

12-

Figuro  2 
Netting  in tho squaro  mosh windows 
A  suggested  specification 

Square  inesh 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 

*3> 

Figure 3  Inserting the window in the codend 
A suggested specification 

Sotvodgo 

Forward ood of oodond 

j 
! 

Codond 

100 moshos In GO mm hart mosh 
49 «A moshos long (6 m) 
A mm doublo polyoïhelono 
107 mm Insido mosh sue 

Lower panel 

Zxh  mesh -  30 cm 

29%  mosh 

- 3 54  cm 

Th  mesh  -  30 cm 

15 mosh -  180 cm 

.... ._ 

-

Squaro mosh window 

354  cm 
strolcttod 
longth 

oJI knots 

ell knots 

) 
\ 
/ 
\ 
/ 

\ 
/ 
\ 
/ 
\ 
/ 

Rings (or Dio Citing bockot 

Opening (or square mesh windows 

8  meshes wide x 29'A meshes long 

Codline 

Center. Una 
of lower panol 

II 

ISSN 0254-1475 

COM(95) 211  final 

DOCUMENTS 

EN 

03  11 

Catalogue number : CB-CO-95-238-EN-C 

ISBN 92-77-89242-0 

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