Amended proposal for a COUNCIL REGULATION (EC) laying down certain technical measures for the conservation of fishery resources - (consolidated version)
Date: 1996-07-08
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, conservation of resources, fishery management, fishing net

><(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: 

5. 

3071/95 

'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 
to 
achieve  selective  catches  of  the  target  species  or  group 
of  target  species; 

trammel  nets  should  be  designed 

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: 

3071/95  -  Art.  1 (1) 

'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 %. 

(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) 

(ii) 

'bottom  set  gillnets  or  entangling  nets'  are  any  gear 
made  up  of  a  single  piece  of  net,  fixed  by  any 
means  to  the  bottom; 

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 

10-30 mm 

50-70mm 

90-99 mm 

100-119 mm 

120-219 mm 

>22() mm 

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.) 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* . 

Species, mesh 

10-30  mm 

50-70mm 

90-99  mm 

100-119  mm 

120-219  mm 

>220  mm 

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 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

• 

* 

* 

*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 

<  40 mm 

40-49mm 

50-59  mm 

60 — 79 mm 

80-99  mm 

>  100 mm 

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) 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

Species/mesh size 

< 40 mm 

40-49 mm 

50-59 mm 

60-79 mm 

80-99 mm 

>100mm 

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) 

* 

* 

* 

* 

• 
* 

* 

* 

* 

* 

* 

* 

* 

• 

» 

* 

* 

* 

* 

• 

* 

* 

* 

* 
* 

* 

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 

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 
I  -  footnote 
ANNEX 
I  -  footnote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  footnote 
ANNEX 
I  -  footnote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  foomote 
ANNEX 
I  -  foomote 
ANNEX 
II  -  foomote 
ANNEX 
II  -  foomote 
ANNEX 
II  -  foomote 
ANNEX 
II  -  foomote 
ANNEX 
II  -  foomote 
ANNEX 
II  -  foomote 
ANNEX 
II  -  foomote 
ANNEX 
II  -  foomote 
ANNEX 
III 
ANNEX 
IV 
ANNEX 
VI 
ANNEX 
VII 
ANNEX 
V 

This  Regulation 

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) 

(5) 

Article  17 
Article  18 
Article  19 
Article  20 
ANNEX I 
ANNEX  I 
ANNEX I 
ANNEX  I 
ANNEX I 
ANNEX  I 
ANNEX  I 
ANNEX  I 

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 

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 

Official  Journal 

No 

page 

date 

L376 

L280 

L371 

L 140 

L 179 

L292 

L369 

L211 

L3S9 

L331 

L42 

L155 

L213 

L307 

L397 

L187 

L 118 

L 184 

L230 

L329 

1 

1 

9 

1 

1 

5 

1 

6 

75 

2 

15 

1 

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 

3 " 

29. 7. 1992 

1 

1 

1 

15 

1 

11 

14 

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; 

3094/86 

25. 

345/92 

15. 

3094/86 

+ 

6. 

1796/94  (adapted) 

22. 

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; 

10. 

3094/S6  (adapted) 

31. 

345/92 

(9)  Whereas  industrial  fishing  is  a  continuous  activity  and, 
accordingly,  the  conditions  governing  it  should  also  be 
stable; 

12. 

(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 
to 
gling  nets  and  trammel  nets  should  be  designed 
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; 

1796/94 

3071/95 

3094/86  (adapted) 

(adapted) 

13 

(17)  Whereas  in  this  respect,  protection  of  nursery  areas 
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 
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 
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- 
proved  the  Convention  on  the  conservation  of  European 
wildlife  and  natural  habitats  (Berne  Convention); 

(22)  Whereas  the  Community  has  signed  the  United  Nations 
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- 
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 
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, 
Member  States  should  be  permitted  to  take  appropriate 
provisional  measures; 

(26)  Whereas  additional  national  measures  of  a  strictly  local 
character  should  not  be  invalidated  or  hampered  by  the 
adoption  of  this  Regulation; 

(27)  Whereas,  therefore,  such  measures  may  be  maintained 
or  adopted  subject  to  consideration  by  the  Commission 
of  their  compatibility  with  Community  law and  conformi 
ty  with  the  common  fisheries  policy, 

8. 

(adapted) 

1. 

3034/92 

14. 

345/92 

16. 

17. 

18. 

9. 

3094/86 

17. 

11. 

12. 

(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; 

13. 

(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 

16. 

(adapted) 

HAS ADOPTED  THIS  REGULATION: 

(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: 

3034/92-Art.  1(1) 

Region  1 

3094/86 

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. 

16 

3094/86 

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: 

( 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, 

3094/86 

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 %, 

Corrigendum  (OJ  No  L 35, 6. 2. 1987, p. 44) 

3094/S6 

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. 

18 

3094/86 

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 
its  recom 
mended  International  Standard  ISO  3046/1,  2nd  edition, 
October  1981. 

for  Standardization 

in 

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. 

( i)  OJ No L 261. 20.10.1993, p. 1. 

19 

345/92  -  Art.  1 (1) 

3071/95  -  Art.  1 (1) 

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. 

is 
'Square-meshed  netting'  shall  mean  netting  which 
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: 

20 

3071/95  -  Art.  1 (1) 

(i) 

(ii) 

bottom  set  gillnets  or  entangling  nets'  are 
any  gear  made  up  of  a  single  piece  of  net, 
fixed  by  any  means  to  the  bottom; 

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. 

(e) 

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  - A r t.  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. 

3094/86 

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 

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. 

345/92  -  Art.  1 (2) 

2. 

(a)  The  size  of  a  fish  shall  be  measured  from  the  tip 

3094/86 

of  the  snout  to  the  end  of  the  tail  fin. 

21 

(b)  The  size  of  Norway  lobster  and  lobsters  shall  be 

345/92  -  Art.  1 (3) 

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 
interorbital 
space  to  the  rear  edge  of  the  carapace, 

the 

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; 

22 

3094/86 

2024/88  -  Art.  1 (2) 

(b) 

the  species  referred  to  below,  within  a  limit  of  10 % 
by  weight  of  the  total  catches  of  these  species: 

3094/86 

—  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. 

345/92  -  Art.  1 (4) 

The  percentage  of  undersized  fish,  crustaceans  and  mol 
luscs  shall  be  calculated  in  accordance  with  Article  2, para 
graphs  3  to  6. 

3094/86 

It  shall  be  prohibited  to  land  tails  or  claws of  lobsters 
4. 
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. 

345/92  -  A n.  1 (5) 

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. 

3094/86 

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. 

In  the  Skagerrak  and  Kattegat,  fishing  for  salmon  and 
limit 

2. 
sea  trout  shall  be  forbidden  outside  a  four-mile 
measured  from  the  baselines. 

23 

Article  7 

Herring 

3094/86 

Fishing  for  herring  shall  be  prohibited  each  year  from 
in  a  geographical  area 

1. 
15  August 
bounded  by  a  line joining  the  following  points: 

to  30  September 

— 

the  Butt  of  Lewis, 

—  Cape  Wrath, 

— 

latitude  58*55^,  longitude  05*00VW, 

— 

latitude  58*5574,  longitude  07*10^, 

— 

latitude  58*20^,  longitude  08* 2 0 ^, 

— 

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. 

Fishing  for  herring  shali  be  prohibited  from  1 July  to 
3. 
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. 

1796/94  -  Art.  1  (1)  (i) 

1796/94  -  Art.  1 (1)  (ii) 

24 

1796/94  -  An.  1 (l)(ii) 

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. 

Fishing  for  herring  shall  be  prohibited  throughout  the 
5. 
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 
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). 

to 

Fishing  for  herring  shall  be  prohibited  from  21  Sep 
6. 
in  the  parts  of  the  Irish  Sea 
tember  to  31  December 
(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 * 5 9 ^,  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. 

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 

Article  7a 

1.  Trawling  for  sprat  using  a  mesh  size  less  than  32  mm 
shall  be  prohibited  all  year  round  in  the  Skaggerak  and 
Kattegat. 

345/92  -  An.  1 (6) 

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, 

26 

Article g 

Corrigendum  (OJ  No  L 8,11.1.1989,  p. 22) 

— 

latitude  49'30'N,  longitude  07 W W, 

— 

latitude  52*00^,  longitude  07*00'W, 

— 

a  point  on 
52*00'N, 

the  west  coast  of  Wales  at 

latitude 

Corrigendum (OJ  No  L 8,  11. 1. 1989, p. 22) 

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. 

3287/88-Art.  1(1) 

2. 

Paragraph  1 shall  not  apply: 

3094/86 

(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 
the 
conditions  set  out  in  Article  2  (7); 

in  accordance  with 

(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. 

27 

3094/86 

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. 

28 

TITLE  IV 

3094/86 

RESTRICTIONS  ON  CERTAIN  TYPES  OF  FISHING 

Article  10 

Anicle 9 

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 
territorial 
from  the  baselines  from  which  the 
waters  are  measured,  no  vessel  exceeding  eight 
metres  length  overall  shall  fish  using  any  beam 
or  otter  trawl. 

29 

4 1 9 3 / 8 8 - A n.  1(1) 

3094/86 

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, 

4193/88  -  Art.  1 (2) 

— 

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 ' 0 0% 

— 

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. 

(b) 

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. 

4193/88 -  An.  1 (3) 

Vessels  which  may  appear  on  the  list  referred  to 
in  the  first  subparagraph  of  this  paragraph  must 
comply  with  the  following  criteria: 

3094/86 

— 

— 

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. 

30 

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 

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. 

the  aggregate  beam 

(c)  However,  it  shall  be  prohibited  to  use  beam 
length, 
trawls  of  which 
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, 

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). 

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 

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. 

1173/95  -  Art.  1 

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. 

3094/86 

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. 

32 

It  shall  be  prohibited  to  fish  for  anchovy  using  pelagic 

10. 
trawls  in  ICES  Division  VIII  c). 

3094/86 

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. 

4193/88  -  Art.  1 (6) 

15. 

(a)  From  1  September  to  31  December,  it  shall  be 
prohibited  to  fish  with  any  trawl,  Danish  seine  or 
similar 
the  geographical  areas 
bounded  by  a  line  joining  the  following  coordi 
nates: 

towed  net 

in 

345/92  -  Art.  1 (7) 

— 

the  point  on  the  north  coast  of  Spain  called 
Cabo  Prior 
longitude 
8'19'W), 

(latitude  43*34^, 

— 

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). 

33 

3 4 5 / 9 2-  Art.  1  (7) 

3034/92-Art.  1 (2) 

(b)  From  1 October  to  31  December,  it  shall  be  pro 
hibited  to  fish  with  any  trawl,  Danish  seine  or 
similar 
the  geographical  areas 
bounded  by  a  line  joining  the  following  coordi 
nates: 

towed  net 

in 

— 

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. 

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. 

1796/94  -  Art.  1  (2) 

2251/95  -  Art.  1 (1) 

Article  9a 

345/92  -  Art.  1 (8) 

19.  Purse  seines  shall  not  be  used  for  catching  tropical 
tuna  (skipjack,  bigeye  and 
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 

longfinned 

tuna) 

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. 

Article  12 

Article  9b 

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. 

2251/95  -  Art.  1 (2) 

Article  13 

Processing  operations 

.Article 10 

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. 

3094/86 

35 

Article  14 

Scientific  research 

3094/86 

AnicleJJ. 

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. 

han  human 

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. 

1555/88 -  Art.  1 (2) 

3094/86 

Article  13 

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 

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. 

3094/86 

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. 

345/92  -  Art.  1 (9) 

345/92  -  Art.  1 (9) 

Article  17 

Article  14 

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 
the 
not  comply  with 
Member  State  concerned  may  not  bring  it  into  force  with 
out  making  the  necessary  amendments  thereto. 

the  provisions  of  paragraph  1, 

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. 

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. 

3094/86 

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 

Article  15 

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. 

Done  at  Brussels 

For  the  Council 

The  President 

38 

Region 

Geographical 
area 

Additional  condi 
tions 

1  and  2 

Entire  region 

ANNEX  I 

345/92  -
Art.  1  (10) 

Mini 
mum 
mesh 
size 
(mm) 

100 
diamond 
( l) 

80 (2) 

Authorized  tar 
get  species 

Minimum 
percentage 
of  target 
species 

Maximum  percen 
tage  of  protected 
species 

All 

100 

Sole 
(Solea  vulguris) 

5 

100 
of  which  not  more 
than  10 %  cod, 
haddock  and  saithe 

80 

All 

80 

All 

70 

Norway  lobster 
(Nephrops  norve-
gicus) 

30 

100 

100 

60 

(9) 

90  0°) 

Whiting 
(Merlangius 
merlangus) 

70  (ID 

1909/95 Art. 1 

100  of  which  not 
than  10 % 
more 
cod,  haddock  and 
saithe and not  more 
than  10 % of  plaice 

32 

35 

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) 

501 

1 

50 

50 

. 

50 

or  80 
>  cumu 
lated 

/ 

10 

50 

I 

! 

30 

50 

39 

North 
Sea, 
south of  latitude 
55 °N 

West  of  Scot 
land  and  Roc-
kall  (ICES  sub-
area  VI) <3) 

sub-area 

ICES 
VII 

Entire  region 

ICES  sub-areas 
IL  IV, V  and  VI 
north of  latitude 
56°N 

region 
Entire 
except  Skager 
rak  and  Katte 
gat 

region 
Entire 
except  Skager 
rak  and  Katte 
gat 

Region 

Geographical 
area 

Additional  condi 
tions 

1  and  2 
(cont'd) 

Skagerrak 
Kattegat 

and 

Entire  region 

Entire 
region 
except  Skager 
rak  and  Katte 
gat 

region 
Entire 
except  Skager 
rak  and  Katte 
gat 

Entire  region 

Skagerrak 
and 
Kattegat  outsi 
de 
four  miles 
from  the  baseli 
nes 

and 
Skagerrak 
Kattegat  within 
four  miles of  the 
baselines 

Mini 
mum 
mesh 
size 
(mm) 

32 

30 

20 

16 

16 

35 

16 

16 

Authorized  tar 
get  species 

Minimum 
percentage 
of  target 
species 

Maximum  percen 
tage  of  proteaed 
species 

345/92  -
Art.  1(10) 

50 

10 

50 

30 

50 

20 

20 

10 

50 

10 

10 

50 

20 

50 

50 

10 

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) 

Skagerrak 
Kattegat 

and 

Skagerrak 

From  1  Novem 
ber  to  last  day  of 
February 

16 

16 

Blue  whiting 
(Micromesistius 
poutassou) 

Sand-eels 
(Ammodytidae) 

50 

50 

10 

10 

40 

Region 

Geographical 
area 

Additional  condi 
tions 

From  1 August  to 
last  day  of  Fe 
bruary 

From  1  March  to 
31  July 

From  1  Novem 
ber  to  last  day  of 
February 

From  1 March  to 
31  October 

1  and  2 
(cont'd) 

Kattegat 

region 
Entire 
except 
fishing 
sector  for  Nor 
way  pout (^0 

North  Sea 

region 
Entire 
North 
except 
Sea  and  Skager 
rak  and  Katte 
gat 

Skagerrak 
Kattegat 

and 

Authorized  tar 
get  species 

Minimum 
percentage 
of  target 
species 

Maximum  percen 
tage  of  protected 
species 

345/92  -
Art.  1  (10) 

50 

50 

50 

50 

50 

50 

50 

20 

50 

10 

10 

15.  of  which  not 
more  than  5 %  of 
cod  and  haddock 

1796/94  -
Art.  1 (3) 

10 

10 

10 

100 

30 
except  whiting 

50 

10 

Mini 
mum 
mesh 
size 
(mm) 

16 

16 

16 

Sand-eels 
(Ammodytidae) 

Sand-eels 
(Ammodytidae) 

Norway  pout 
(Trisopterus es-
markii) 

Sand-eels 
(Ammodytidae) 

Sand-eels 
(Ammodytidae) 

Sand-eels 
(Ammodytidae) 

90 

All 

70 

35 

32 

Whiting 
(Merlangius mer 
langus) 

Prawns 
(Pandalus  bore a-
lis) 

Mackerel 
(Scomber  scrom-
brus) 

Horse  mackerel 
(Trachums  tra 
chums) 

41 

Region 

Geographical 
area 

Additional  condi 
tions 

3 

Entire  region 

Mini 
mum 
mesh 
size 
(mm) 

65 

40 

Authorized  tar 
get  species 

Minimum 
percentage 
of  target 
species 

Maximum  percen 
tage  of  proteaed 
species 

345/92  -
Art.  1  ( 10) 

All 

Mackerel 
(Scomber  spp.) 

Blue  Whiting 
(Micromesistius 
poutassou) 

Herring 
(Chipea  haren-
gus) 

Pelagic  cephalo-
pods 

100 

50 \ 

50 I 

I 

10 

50 \ 

>  or  80 
cumu-
[ 
lative 
\ 
50 1 

Horse  mackerel 
(Trachums  spp.) 

5 0/ 

30 (7> 

30 C) 

30 

60 

60 

50 

50 

10 

50 

30 

10 

50 

50 

10 

Seleaive  trawls 

65<6> 
50<6> 

Norway  lobster 
(Nephrops  norve-
gicus) 

Gulf of Cadiz 0s) 

Entire  region 

Non-seleaive 
trawls 

Within  12  miles 
of 
the  Member 
States'  baselines 

4 

Entire  region 

55 

55 

40 

20 

20 

16 

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) 

42 

Region 

Geographical 
area 

Additional  condi 
tions 

5 

Entire  region 

Mini 
mum 
mesh 
size 
(mm) 

65 

40 

Authorized  tar 
get  species 

Minimum 
percentage 
of  target 
species 

Maximum  percen 
tage  of  proteaed 
species 

345/92  -
Art.  1  (10) 

80 

100 

10 

'All 

Mackerel 
(Scomber  spp.) 

and  Horse  Mac 
kerel 
(Trachums  spp.) 

20 

Bogue 
(Boops  boops) 

50 

10 

Pilchards 
(Sardina  pilchar-
dus) 

6 

Entire  region 

100 

All 

45 

Shrimps 
(Penaeus  subtilis, 
Penaeus brasi-
liensis,  Xiphope-
naeus  kroyeri) 

30 

100 

50 

7 

8 

Entire  region 

Entire  region 

( 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 * 5 2^  on the south  coast  of  Portugal. 

(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 

3094/86 

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  2 

Region 
1 

except 
Skagerrak 
and  Katte 
gat 

Skagerrak 
and  Katte 
gat 

(in  cm) 

Region 

Region 
4 

Region 
5 

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 

r> 

(•> 

C) 

30 

27 

30 

23 

30 

27 

28 

23 

25 

20 

24 

C) 

C) 

(') 

I") 

C) 

(') 

C) 

r> 

(') 

C) 

(*) 

r> 

i*) 

c) 
o 

c) 

(*) 
c) 
n 

345/92  -
Art.  1 (11) 

4056/89 
Art.  1 (3) 

3094/86 

c) 
et 

c) 

n 

c) 
o 

o 

2024/88  -
Art.  1 (3) 

35 

30 

35 

27 

30 

25 

28 

15 

25 

24 

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 

44 

Species 

Region  2 

Region 
1 

except 
Skagerrak 
and  Katte 
gat 

Skagerrak 
and  Katte 
gat 

Region 
3 

Region 
4 

Region 
5 

(in  cm) 

3094/86 

Little  Sole 
(Dicologoglossa  cuneata) 

Mergim 
(Lepidorhombus  spp.) 

Brill  (Scolphthalmus  rhombus) 

Turbot  (Psetta  maxima) 

Monkfish  (Lophius  piscatorius.  L  bude-
gassa) 

25 

30 

30 

25 

30 

30 

C) 

25 

30 

30 

Cuttlefish  (Sepia  spp.) 

(*) 

O 

{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)). 

15 

20 

30 

30 

C) 

O 

4056/89  -
Art.  1 (3) 

3094/86 

Corrigendum 
(OJ  No L 35, 
6. 2. 1987, 
p. 44) 

(") 

C) 

n 
n 

o 

n 

o 
n 

n 

45 

ANNEX  III 

3094/86 

Minimum  size  referred  to  in  Article  5 

Species 

Region 

Geographical  area 

Minimum  size 

Herring 
(Clupea  harengus) 

ICES  division  V  b) 
zone) 

(EC 

Except  Skagerrak  and  Katte 
gat 

Skagerrak  and  Kattegat 

Mackerel 
(Scomber  spp.) 

1,  2,  3  and 
5 

Except  North  Sea 

North  Sea 

20  cm 

20  cm 

18  cm 

20  cm 

20  cm 

30  cm 

345/92  -  Art.  1 (12) 

Mackerel  (for  indus 
trial  purposes) 

Pout 
(Trisopterus  luscus) 

Anchovy 
(Engraidis encrasicho-
lus) 

Sardine 
(Sardina  pilchardus) 

Horse  mackerel 
(Trachums  spp.) 

1,  2,  3  and 
5 

Whole  Norway  lob 
ster 
(Nephrops  norvegicus) 

Skagerrak  and  Kattegat  only 

30  cm 

3094/86 

(") 

Except  Division  DC a) 

12  cm 

345/92  -  Art.  1 (12) 

Division  DC a) 

10  cm 

C) 

3094/86 

15  cm 

345/92  -  Art.  1 (12) 

Skagerrak  and  Kattegat  only 

40  mm  carapace  length 
130  mm  overall  length 

2024/88  -  Art.  1 (5) 

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)) 

25  mm  carapace  length 
85  mm  overall  length 

20  mm  carapace  length 
70  mm  overall  length 

20  mm  carapace  length 
70  mm  overall  length 

46 

Species 

Region 

Geographical  area 

Minimum  size 

3094/86 

Tails  of  Norway  lob 
ster 

Skagerrak  and  Kattegat  only 

72  mm 

2024/88  -  Art.  1 (5) 

Except  West  of  Scotland  and 
Irish  Sea 
(ICES  divisions 
V i a)  and  V i l a ))  and  Ska 
gerrak  and  Kattegat 

West  of  Scotland  and  Irish 
Sea  (ICES  divisions  VI  a) 
and  VII  a)) 

46  mm 

37  mm 

37  mm 

Corrigendum  (OJ  No  L 189, 
20. 7. 1988, p. 29)  and 
Corrigendum  (OJ  No  L 230, 
19. 8.  1988, p.  47) 

Lobster 
(Homarus  gqmmarus) 

Except  Skagerrak  and  Katte 
gat 

85 mm  carapace  length 

3094/86 

24 cm  overall  length 

Skagerrak  and  Kattegat  only 

78 mm  carapace  length 

22 cm  overall  length 

Spinous  spider  crab 
(Maia  squinado) 

Edile  crab 
(Cancer  pagurus) 

Scallop 
(Pecten  maximus] 

Clam 
(Venus  verrucosa) 

Squid 
(Loligo  vulgaris) 

120  mm 

120  mm 

width 

length 

claw 

width 

length 

claw 

2  and  3 

Except  ICES  Division  VII  d) 

100  mm 

345/92  -  Art.  1 (12) 

ICES  Division  VII  d) 

110  mm 

ICES  divisions  VII  d)  and 
VII  e)  only 

40  mm 

3094/86 

(*) 

("'  Size  to be  determined. 

47 

ANNEX  TV 

3094/86 

Method  for  determining  the  size  of  crustaceans  and  mol 
luscs 

(Homarus) 

Lobster 

(a)  Carapace  length 
(b)  Overall  length 

(Nephrops) 
Norway lobster 

(Venus  verrucosa) 

Clam 

(a)  Maximum  length  of  the  shell 

48 

>094/86 

1°.*.» *»t  V  «^ >  V^~  ^ 

(b) 

l-Js^=^S 

<**&, 

(Mo/g  squinado) 

Spinous spider crab 

(a)  Maximum  width  of  carapace 
(b)  Length  of  carapace 
(c)  Length  of  claw 

49 

Corrigendum  (OJ  No 
L 35, 6. 2. 1987, p. 44) 

ANNEX  V 

Regions  1  and  2 

3071/S 

5 Art.  1 (2) 

Species/mesh 

10-30  mm 

50-70mm 

90-99  mm 

100-119  mm 

120-219mm 

>220  mm 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

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 

* 

-

: 

« 

* 

* 

* 

* 

* 

* 

•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 

ANNEX 

VI 

Region  3 

3071/9 

5  Art. 1  (2) 

Species/mesh  size 

<  40  mm 

40-49mm 

50-59 mm 

60-79 mm 

80-99 mm 

> 1 0 0 mm 

* 

* 

• 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

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) 

H o r se  mackerel  (Trachums 

trachums) 

Mackerel  (Scomber 

scombrus) 

Pout  (Trisopterus 

luscus) 

Cuttlefish  (Sepia  spp.) 

G u r n a r ds 

(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) 

H a ke  (Merluccius  merluccius) 

(*) 

O t h e rs  (2) 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

+ 

* 

* 

* 

* 

* 

(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 

1) 
2) 
3) 
4) 
5) 
6) 
7) 
8) 
9) 
10) 

H) 
12) 
13) 
14) 
15) 
16) 

(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
n 

ANNEX 
I 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  -  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  -  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
I  —  footnote 
ANNEX 
II  —  footnote 
ANNEX 
II  -  footnote 
ANNEX 
II  —  footnote 
ANNEX 
II  —  footnote 
ANNEX 
II  —  footnote 
ANNEX 
II  -  footnote 
ANNEX 
II  —  footnote 
ANNEX 
II  -  footnote 
ANNEX 
III 
ANNEX 
IV 
ANNEX 
VI 
ANNEX 
VII 
ANNEX 
V 

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) 

(5) 

Article  17 
Article  IS 
Article  19 
Article  20 
ANNEX  I 
ANNEX  I 
ANNEX  I 
ANNEX  I 
ANNEX  I 
.ANNEX I 
ANNEX  I 
ANNEX  I 

-  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 - f o o t n o te  (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 

Official  Journal 

page 

date 

1 

1 

9 

1 

1 

5 

1 

6 

75 

2 

15 

1 

3 

1 

1 

1 

15 

1 

11 

14 

31. 12.1986 

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 

No 

L376 

L280 

L371 

L140 

L179 

L292 

L369 

L211 

L389 

L331 

L 42 

L155 

L213 

L307 

L397 

L187 

L118 

L184 

L230 

L329 

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