Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound
Date: 1997-12-18
Institutions: Council of the European Union
Subjects: Baltic Sea, conservation of fish stocks, fishery resources, fishing area, fishing regulations, technical standard

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 88/98

of 18 December 1997

laying down certain technical measures for the conservation of fishery resources
in the waters of the Baltic Sea, the Belts and the Sound

THE COUNCIL OF THE EUROPEAN UNION,

the maritime waters within its jurisdiction or under its
sovereignty;

Having regard to the Treaty establishing the European
Community,

Having regard to the proposal from the Commission,

Having regard to the opinion of
liament (1),

the European Par-

Having regard to the opinion of the Economic and Social
Committee (2),

(1) Whereas Council Regulation (EEC) No 1866/86 of
12 June 1986 laying down certain technical measures
for the conservation of fishery resources in the waters
of the Baltic Sea, the Belts and the Sound (3) has been
frequently and substantially amended; whereas for
reasons of clarity and rationality the said Regulation
should be consolidated;

(2) Whereas, pursuant to Articles 2 and 4 of Council
Regulation (EEC) No 3760/92 of 20 December 1992
establishing a Community system for fisheries and
aquaculture (4), the Council is responsible for adopt-
ing, in the light of the available scientific advice, the
conservation measures necessary to ensure the rational
and responsible exploitation of living marine aquatic
resources on a sustainable basis; whereas, to that end,
the Council may lay down technical measures con-
cerning fishing gear and the ways in which it is used;

(3) Whereas it is necessary to establish the principles and
certain procedures for laying down the said technical
measures at Community level so that each Member
State can manage the fishing activities carried on in

(1) OJ C 304, 6. 10. 1997, p. 32.
(2) OJ C 296, 29. 9. 1997, p. 31.
(3) OJ L 162, 18.6.1986, p. 1. Regulation as last amended by Re-
gulation (EC) No 1821/96 (OJ L 241, 21.9.1996, p. 8).
(4) OJ L 389, 31. 12. 1992, p. 1. Regulation as amended by the

1994 Act of Accession.

(4) Whereas the accession of

the Community to the
Convention on Fishing and Conservation of
the
Living Resources in the Baltic Sea and the Belts, as
amended by the Protocol to the Conference of the
representatives of the States Parties to the Convention
and hereinafter referred to as ‘the Gdansk Conven-
tion’, was approved by Council Decision 83/414/
EEC (5);

(5) Whereas the Gdansk Convention entered into force in
respect of the Community on 18 March 1984 and the
Community accepted all the rights and obligations of
Denmark and the Federal Republic of Germany as
laid down by the Gdansk Convention;

(6) Whereas the International Baltic Sea Fishery Commis-
sion, set up by the Gdansk Convention, has adopted,
since it was established, a body of measures for the
conservation and management of fishery resources in
the Baltic Sea and has, by its letters of 20 September
1985, 8 December 1986, 21 December 1987,
29 October 1988, 20 September 1993, 20 September
1994 and 11 September 1995, notified the Contracting
Parties of certain recommendations to modify those
technical measures;

(7) Whereas the Gdansk Convention provides that the
Community must give effect to the said recommenda-
tions in the waters of the Baltic Sea, the Belts and the
Sound, subject to the objection procedure laid down
in Article XI of the Convention;

(8) Whereas the most effective means of minimising
catches of small fish is to prohibit fishing in those
areas where they are heavily concentrated,

(5) OJ L 237, 26. 8. 1983, p. 4.

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HAS ADOPTED THIS REGULATION:

Article 1

— all fishermen in the waters of this area which lie
under the sovereignty or jurisdiction of the Member
States.

Definition of the geographical area

The geographical area is divided into 11 subdivisions

3.
numbered 22 to 32 which are described in Annex I.

This Regulation concerns the taking and landing of
1.
fishery resources occurring in the waters of the Baltic Sea,
the Belts and the Sound bounded to the west by a line
drawn from Hasenøre Head to Gniben Point,
from
Korshage to Spodsbjerg and from Gilbjerg Head to the
Kullen. It does not apply to waters within the baselines.

Article 2

Ban on fishing for certain species in certain geo-
graphical areas during certain periods

2.

It applies to:

— Community fishermen in the geographical

area

described in paragraph 1,

1.
It shall be prohibited to retain on board the follo-
wing species of fish which have been taken in the waters
and during the periods listed below:

Species

Waters

Period of prohibition

Flounder (Platichthys flesus)

Subdivision 26

1 February to 30 April

Flounder

Flounder

Subdivision 28 and 29 south of
59H 30Y N

latitude

1 February to 30 April

Subdivision 32

1 February to 30 June

Female flounder

Subdivision 22 except for the geographical area
described in Annex II

1 February to 30 April

Plaice (Pleuronectes platessa)

Subdivision 26

1 February to 30 April

Plaice

Female plaice

Subdivisions 27, 28 and 29 south of latitude
59H 30Y N

1 February to 30 April

Subdivision 22 except for the geographical area
described in Annex II and subdivisions 24 and
25

1 February to 30 April

Turbot (Psetta maxima)

Subdivisions 22, 24, 25 and 26

1 June to 31 July

Brill (Scophtalmus rhombus)

Subdivisions 22, 24, 25 and 26

1 June to 31 July

2.
By way of derogation from the provisions of para-
graph 1, by-catches of flounder and plaice in fishing for
cod, taken during the periods of prohibition referred to in
that paragraph, may be retained on board within a limit
of 10 % by weight of the total catch of cod on board the
vessel.

Article 3

Minimum fish sizes

2.
The size of a fish shall be measured from the tip of
the snout, with mouth closed, to the extreme end of the
tail fin.

3.
Fish smaller than the minimum size, even where
such fish are part of a by-catch, shall not be retained on
board or be transhipped, landed, transported, processed,
preserved, sold or stored, displayed or offered for sale.
They must be returned to the sea, if at all possible while
still alive, immediately after being taken.

1.
A fish shall be regarded as undersized if it is smaller
than the minimum size specified in Annex III for the
species and waters in question.

4.
By way of derogation from paragraph 3, undersized
cod may be kept on board within a limit of 5 % by
weight of the cod catch on board.

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5.
The by-cach of cod taken when fishing for herring
and sprat shall not exceed 10 % of the total weight of the
catch. Of this by-catch of cod, no more than 5 % of
undersized cod shall be kept on board.

of the latter, the width shall be inscribed every 1 mm
interval, and the indication of the width shall appear at
regular intervals.

Article 4

Determination of by-catch percentage

The percentage of

1.
the by-catches referred to in
Article 2(2) shall be measured as a proportion by weight
of the total quantity of cod on board after sorting, or of all
cod in the hold or on landing.

The percentage of

the by-catches referred to in
2.
Article 3(4) shall be measured as a proportion by weight
of the total quantity of fish on board after sorting, or of all
fish in the hold or on landing.

3. Detailed rules for the determination of percentage
by-catches may be adopted in accordance with the pro-
cedure referred to in Article 13.

Article 5

Minimum mesh size

1.
It shall be prohibited to use or to tow any trawl,
Danish seine or similar net having meshes of a smaller
size than those laid down in Annex IV for the waters,
species or group of species of fish concerned.

2.
It shall be prohibited to use anchored floating nets
or drift nets having meshes of a smaller size than those
laid down in Annex IV for salmon fishery.

3.
It shall be prohibited to use gill nets having meshes
of a smaller size than those laid down in Annex IV for
the waters, species or groups of species of fish concerned.

Article 6

Measurement of mesh size

2.
To measure the size of a mesh, the gauge shall be
inserted by its narrowest extremity into the mesh opening
in a direction perpendicular to the plane of the net so as
to measure the long axis of the mesh when stretched
diagonally lengthwise. The gauge shall be inserted into
the mesh opening with manual force until it is stopped at
the tapering edges by the resistance of the mesh. The size
of an individual mesh shall be the width of the gauge at
the point where the gauge is stopped.

3.
The mesh size of a net shall be the average size of at
least one series of 20 consecutive meshes in the direction
of the long axis of the net, chosen at random. Meshes less
than 10 meshes and within 50 cm from lacings, ropes or
codline shall not be measures. This distance shall be
measured perpendicular to the lacings, ropes or codline
with the net stretched in the direction of that measure-
ment.

The meshes of a net shall be measured only when

4.
the net is wet.

5.
An individual mesh shall not be considered under-
sized if the section of the gauge corresponding to the
minimum size listed in Annex IV for the species, waters
and type of net concerned, easily passes through it.

Article 7

Attachments to nets

By way of derogation from Article 5(1) it shall be
1.
permitted to attach to the outside of the lower half of the
codend of any trawl, Danish seine or similar net, any
canvas, netting or other material which has the purpose of
reducing wear. Such material shall be
preventing or
the
attached along the forward and lateral edges of
codend only.

1. During the inspection of nets, meshes shall be
measured using a flat gauge which is 2 mm thick and
made of durable material that will retain its shape. It shall
have several parallel-edge sides connected by intermediate
tapering sides each with a taper of 1 cm in 8 cm or shall
have tapering sides only, with the same taper as indicated
above. The gauge shall be inscribed on its surface with the
width in millimetres both on the parallel-sided section,
where one exists, and on the tapering section. In the case

By way of derogation from Article 5(1), it shall be
2.
permitted to attach to the outside of the codend and the
lengthening piece as strengthening bag. A strengthening
bag is a cylindrical piece of netting completely sur-
rounding the codend and the lengthening piece. It may
be made of either the same or heavier material as the
codend or
the
strengthening bag shall be at least twice as large as that of
the codend except that its minimum mesh size shall not
be less than 80 mm.

lengthening piece. The mesh size of

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A strengthening bag may be attached at the following
points:

(a) at its forward edge; and

(b) at its rear edge; and, either

(c)

laced circumferentially to the codend and the length-
ening piece around one row of meshes; or

(d) laced longitudinally along a single row of meshes.

3.
By way of derogation from Article 5(1), it shall be
permitted to use in trawls, Danish seines and similar nets
a non-return net or flapper which has a mesh size smaller
than that of the codend.

The flapper may be attached either inside the codend or
in front of the codend.

The distance from the point of forward attachment of the
flapper to the rear end of the codend shall be at least
three times the length of the flapper.

Article 8

Use of gear

1.
Gear that may not be used within a certain geo-
graphical area or during a certain period shall be stowed
away on board in such a manner that it is not ready for
use in the prohibited area or during the prohibited period.
Reserve gear shall be stowed away separately and in such
a manner that it is not ready for use.

2.

Fishing gear shall be considered not ready for use if:

— in the case of trawls, Danish seines and similar nets,

(a) the trawl boards are made fast to the inner or outer

side of the bulwark or the gallows, and

(b) sweep lines or warps are unschackled from the

trawl boards or weights,

— in the case of salmon-fishing gear,

(a) the nets are stowed under a lashed cover,

(b) the lines and hooks are kept in closed boxes,

— in the case of purse seines, the main or bottom wire is

unschackled from the seine.

It shall be prohibited throughout the year, to fish
3.
with any trawl, Danish seine and similar net
in the
geographical area bounded by a line joining the following
coordinates:

54H 23Y N

54H 14Y N

54H 17Y N

54H 24Y N

54H 27Y N

54H 23Y N

14H 35Y E

14H 25Y E

14H 17Y E

14H 11Y E

14H 25Y E

14H 35Y E

4.
By way of derogation from paragraph 1, during
fishing for cod, only gear authorised for fishing for cod or
gear with a larger mesh size than the sizes laid down in
Annex IV may be alowed to be kept on board. If there is
gear on board that is not authorised for fishing for cod,
the landing of cod shall be prohibited.

Article 9

Restrictions on fishing for salmon and sea trout

It shall be prohibited, in fishing for salmon (Salmo

1.
salar) or sea trout (Salmo trutta):

— to use drifting or anchored nets from 15 June to 30
September in the waters of subdivisions 22 to 28, 29
south of 59H 30Y N and 32,

— to use drifting or anchored nets from 1 June to 15
September in the waters of subdivisions 29, 30 and 31
north of 59H 30Y N,

— to use drifting lines and anchored lines from 1 April
to 15 November in the waters of subdivisions 22 to
31,

— to use drifting lines and anchored lines from 1 July to
15 September in the waters of subdivision 32.

The area of prohibition during the closed season is
beyond four nautical miles measured from the baselines,
except in subdivision 32 and the area east of longitude
22H 30Y E (Bengtskär
the Finnish
lighthouse)
fishery zone where fishing with driftlines and anchored
lines is prohibited from 1 July to 15 September.

inside

It shall be prohibited, in fishing for salmon (Salmo

2.
salar) or sea trout (Salmo trutta):

— where fishing is conducted using anchored floating
nets and drift nets, to use more than 600 nets at once
per vessel, the length of each net not exceeding 35
metres measured in the gear’s headrope. In addition to
the number of nets permitted for fishing, not more
than 100 reserve nets may be kept on board,

— where fishing is conducted by means of drifting lines
or anchored lines, to use more than 2 000 hooks at
once per vessel.

Hooks on drifting lines and anchored lines shall have a
minimum distance between the point and the shaft of at
least 19 mm.

In addition to the number of hooks permitted in fishing,
a maximum of 200 reserve hooks may be kept on board.

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General provisions

Article 12

Article 10

It shall be prohibited to fish directly for cod and
landing

1.
flatfish (Pleuronectidae) with the intention of
them for purposes other than human consumption.

This Regulation shall not apply to fishing operations
carried out during the course of artificial restocking or
transplantation of fish, crutaceans or molluscs.

Fish, crustaceans and molluscs caught for the purposes set
out in the first paragraph may not be sold for human
consumption in contravention of the other provisions of
this Regulation.

Explosives, poisonous or stupefying substances may

2.
not be used for the purpose of catching fish.

Article 13

3.
It shall be prohibited to use anchored or drifting
gear without marking it with buoys or other identification
marks.

1. Member States may take measures for the conserva-
tion and management of stocks where such measures
concern:

4.
It shall be prohibited to release exotic species into
the Baltic Sea, the Belts and the Sound or to fish for
exotic species and sturgeon, unless authorised by the rules
adopted in accordance with the procedure referred to in
Article 13 and with the obligations arising from the
Gdansk Convention. Exotic species are defined as those
which do not occur naturally in the Baltic Sea, the Belts
and the Sound.

Article 11

This Regulation shall not apply to fishing operations
conducted solely for the purpose of scientific investiga-
tions which are carried out with the permission and under
the authority of
the Member State or Member States
concerned 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 paragraph may be sold, stored,
displayed or offered for sale provided that:

— they meet the standards laid down in Annexes II and
III and the marketing standards adopted pursuant to
Article 2 of Regulation (EEC) No 3759/92 (1), or

— they are sold directly for purposes other than human

consumption.

(a) strictly local stocks of value only to the fishermen of

the relevant Member State; or

(b) conditions or procedures designed to limit catches by

technical measures:

(i) supplementing those defined in Community fish-

eries Regulations; or

(ii) going beyong minimum requirements set out in

such Regulations,

provided that such measures are applicable solely to the
fishermen of the Member State concerned, are compatible
with Community law and consistent with the common
fisheries policy or with obligations under the Gdansk
Convention.

The Commission shall be informed of any draft for
technical

2.
the introduction or amendment of national
measures early enough to make its comments.

If within one month after such notification the Commis-
sion so requests,
the Member State concerned shall
suspend the entry into force of the planned measures for
three months from the date of notification to enable the
Commission to rule within this time limit on the com-
patibility of the measures with the provisions of paragraph
1.

Where the Commission finds, in a decision of which it
must inform the other Member States, that a planned
measure does not comply with the provisions of para-
graph 1, the Member State concerned may not implement
the measure without making the necessary changes.

A vessel conducting any of the operations referred to in
the first paragraph must carry on the board an authorisa-
tion issued by the Member State whose flag the vessel is
flying.

The Member State concerned shall communicate without
delay to the other Member States and the Commission
the measures adopted, where appropriate after making the
necessary changes.

(1) Regulation (EEC) No 3759/92 of 17 December 1992 on the
common organisation of the market in fishery and aquacul-
ture products (OJ L 388, 31.12.1992, p. 1). Regulation as last
amended by Regulation (EC) No 3318/94 (OJ L 350,
31.12.1994, p. 15).

3.
The Member States shall supply to the Commission,
on its request, all information needed for the assessment
of whether the national technical measures comply with
the provisions of paragraph 1.

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At the initiative of the Commission or on a request
4.
from any Member State,
the question of whether a
national technical measure implemented by a Member
State complies with the provisions of paragraph 1 may be
referred to the Management Committee for examination
in accordance with Article 17 of Regulation (EEC) No
3760/92, and a decision may be taken in accordance with
the procedure laid down in Article 18 of that Regulation.
Where such a decision is taken, the third and fourth
subparagraphs of paragraph 2 shall
apply mutatis
mutandis.

5. Where the Commission finds that a measure noti-
fied does not comply with the provisions of paragraph 1,
it shall adopt a decision, within not more than one year
from the date of notification of the measure, to the effect
that
terminate or amend the
measure within a time limit which the Commission shall
indicate. The provisions of the fourth subparagraph of
paragraph 2 shall apply mutatis mutandis.

the Member State must

6. Measures concerning aquaculture and fishing from
the shore shall be notified by the Member State to the
Commission for information purposes only.

‘Aquaculture’ shall be taken to mean the farming of fish,
crustaceans or molluscs in salt or brackish water.

Article 14

Detailed rules for the application of this Regulation shall
be adopted in accordance with the procedure laid down
in Article 18 of Regulation (EEC) No 3760/92.

Article 15

Regulation (EEC) No 1866/86 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 correlation table set out in Part A of
Annex VI.

Article 16

This Regulation enters into force on the 20th day fol-
lowing its publication in the Official Journal of the
European Communities.

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

Done at Brussels, 18 December 1997.

For the Council

The President

F. BODEN

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ANNEX I

SUBDIVISIONS OF THE GEOGRAPHICAL AREA REFERRED TO IN ARTICLE 1

Subdivision 22

The waters bounded by a line drawn from Hasenøre Head (56H 09Y N, 10H 44Y E) on the east coast of Jutland
to Gniben Point (56H 01Y N, 11H 18Y E) on the west coast of Zealand; then along the west coast and south
coast of Zealand to a point situated at longitude 12H 00Y E; from there, due south to the island of Falster;
then along the east coast of the island of Falster to Gedser Odde (54H 34Y N, 11H 58Y E); then due east to
longitude 12H 00Y E; then due south to the coast of Germany; then in a south-westerly direction along the
coast of Germany and the east coast of Jutland as far as the point of departure.

Subdivision 23

The waters bounded by a line drawn from Gilbjerg Head (56H 08Y N, 12H 18Y E) on the north coast of
Zealand to Kullen (56H 18Y N, 12H 28Y E) on the coast of Sweden; then in a southerly direction along the
coast of Sweden to the Falsterbo lighthouse (55H 23Y N, 12H 50Y E); then through the southern entrance to the
Sound to the Stevns lighthouse (55H 19Y N, 12H 28Y E) on the coast of Zealand; then in a northerly direction
along the east coast of Zealand as far as the point of departure.

Subdivision 24

The waters bounded by a line drawn from the Stevns lighthouse (55H 19Y N, 12H 28Y E) on the east coast of
Zealand through the southern entrance to the Sound to the Falsterbo lighthouse (55H 23Y N, 12H 50Y E) on
the coast of Sweden; then along the south coast of Sweden to the Sandhammaren lighthouse (55H 24Y N,
14H 12Y E); from there to the Hammerodde lighthouse (55H 18Y N, 14H 47Y E) on the north coast of Born-
holm; then along the west and south coasts of Bornholm to a point situated at longitude 15H 00Y E; from
there due south to the coast of Poland; then in a westerly direction along the coasts of Poland and Germany
to a point situated at longitude 12H 00Y E; then due north to a point situated at latitude 54H 34Y N and longit-
ude 12H 00Y E; then due west to Gedser Odde (54H 34Y N, 11H 58Y E); from there, along the east and north
coast of the island of Falster to a point situated at longitude 12H 00Y E; from there, due north to the south
coast of Zealand; then in a westerly and northerly direction along the west coast of Zealand as far as the
point of departure.

Subdivision 25

The waters bounded by a line drawn from a point on the east coast of Sweden at latitude 56H 30Y N and
proceeding due east to the west coast of the island of Öland; then, after passing south of the island of Öland
to a point on the east coast situated at latitude 56H 30Y N, due east to longitude 18H 00Y E; then due south to
the coast of Poland; then in a westerly direction along the coast of Poland to a point situated at longitude
15H 00Y E; then due north to the island of Bornholm; then along the south and west coasts of Bornholm to
the Hammerodde lighthouse (55H 18Y N, 14H 47Y E); then to the Sandhammaren lighthouse (55H 24Y N,
14H 12Y E) on the south coast of Sweden; then in a northerly direction along the east coast of Sweden as far as
the point of departure.

Subdivision 26

The waters bounded by a line drawn from a point situated at latitude 56H 30Y N and longitude 18H 00Y E and
proceeding due east to the west coast of the former USSR; then in a southerly direction along the coasts of
the former USSR and Poland to a point on the Polish coast situated at longitude 18H 00Y E; then due north as
far as the point of departure.

Subdivision 27

The waters bounded by a line drawn from a point on the east mainland coast of Sweden situated at latitude
59H 41Y N and longitude 19H 00Y E and proceeding due south to the north coast of the island of Gotland;
then in a southerly direction along the west coast of Gotland to a point situated at latitude 57H 00Y N; then
due west to longitude 18H 00Y E; then due south to latitude 56H 30Y N; then due west to the east coast of the
island of Öland; then, after passing south of the island of Öland, to a point on its west coast situated at lat-
itude 56H 30Y N; then due west to the coast of Sweden; then in a northerly direction along the east coast of
Sweden as far as the point of departure.

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Subdivision 28

The waters bounded by a line drawn from a point situated at latitude 58H 30Y N and longitude 19H 00Y E and
proceeding due east to the west coast of the island of Saaremaa; then, after passing north of the island of
Saaremaa, to a point on its east coast situated at latitude 58H 30Y N; then due east to the coast of the former
USSR; then in a southerly direction along the west coast of the former USSR to a point situated at latitude
56H 30Y N; then due west to longitude 18H 00Y E; then due north to latitude 57H 00Y N; then due east to the
west coast of the island of Gotland; then in a northerly direction to a point on the north coast of Gotland
situated at longitude 19H 00Y E; then due north as far as the point of departure.

Subdivision 29

The waters bounded by a line drawn from a point on the east mainland coast of Sweden situated at latitude
60H 30Y N and proceeding due east to the mainland coast of Finland; then in a southerly direction along the
west and south coasts of Finland to a point on the south mainland coast situated at longitude 23H 00Y E; then
due south to latitude 59H 00Y N; then due east to the mainland coast of the former USSR; then in a southerly
direction along the west coast of the former USSR to a point situated at latitude 58H 30Y N; then due west to
the east coast of the island of Saaremaa; then, after passing north of the island of Saaremaa, to a point on its
west coast situated at latitude 58H 30Y N; then due west to longitude 19H 00Y E; then due north to a point on
the east mainland coast of Sweden situated at latitude 59H 41Y N; then in a northerly direction along the east
coast of Sweden as far as the point of departure.

Subdivision 30

The waters bounded by a line drawn from a point on the east coast of Sweden situated at latitude 63H 30Y N
and proceeding due east to the mainland coast of Finland; then in a southerly direction along the coast of
Finland to a point situated at latitude 60H 30Y N; then due west to the mainland coast of Sweden; then in a
northerly direction along the east coast of Sweden as far as the point of departure.

Subdivision 31

The waters bounded by a line drawn from a point on the east coast of Sweden situated at latitude 63H 30Y N
and proceeding, after passing north of the Gulf of Bothnia, to a point on the west mainland coast of Finland
situated at latitude 63H 30Y N; then due west as far as the point of departure.

Subdivision 32

The waters bounded by a line drawn from a point on the south coast of Finland situated at longitude
23H 00Y E and proceeding, after passing east of the Gulf of Finland, to a point on the west coast of the former
USSR situated at latitude 59H 00Y N; then due west to longitude 23H 00Y E; then due north as far as the point
of departure.

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ANNEX II

BOUNDARIES OF CERTAIN GEOGRAPHICAL AREAS REFERRED TO IN ARTICLE 2

Boundaries of the geographical areas, in the Sound, the Great Belt and the Little Belt, as regards fishing for
female flounder and female plaice:

— Falsterbo lighthouse — Stevns lighthouse

— Jungshoved — Bøgenæssand

— Hestehoved lighthouse — Maddes Klint

— Skelby church — Flinthorne Odde

— Kappel church — Gulstav

— Ristingehale — Ærøhale

— Skjoldnæs — Pøls Huk

— Christian X bridge, Sønderborg

ANNEX III

MINIMUM SIZES REFERRED TO IN ARTICLE 3(1)

Species

Waters

Minimum
size

Cod (Gadus morhua)

All subdivisions south of latitude 59H 30Y N

35 cm

Flounder (Platichthys flesus)

Subdivisions 22 to 25

Subdivisions 26 to 28

25 cm

21 cm

Subdivisions 29 and 32 south of
59H 30Y N

latitude

18 cm

Plaice (Pleuronectes platessa)

Subdivisions 22 to 25

Subdivisions 26 to 28

25 cm

21 cm

Subdivisions 29 and 32 south of
59H 30Y N

latitude

18 cm

Turbot (Psetta maxima)

Subdivisions 22 to 32

Brill (Scophthalmus rhombus)

Subdivisions 22 to 32

Eel (Anguilla anguilla)

Subdivisions 22 to 32

Salmon (Salmo salar)

Subdivisions 22 to 32

30 cm

30 cm

35 cm

60 cm

L 9/10

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Official Journal of the European Communities

15. 1. 98

ANNEX IV

MINIMUM MESH SIZE PROVIDED FOR IN ARTICLE 5

Species

Waters

Type of net

Cod (Gadus morhua)

Subdivisions 22 to 32

Gillnets

Subdivisions 22 to 32

Subdivisions 22 to 32

Flatfish (Pleuronectidae)

Subdivisions 22 to 27

Subdivision 28

Subdivisions 29 and 32 south
of latitude 59H 30Y N

Subdivisions 22 to 32

Herring (Clupea harengus)

Subdivisions 22 to 27

Trawls, Danish seines
similar nets (1)

Trawls, Danish seines
similar nets

and

and

Trawls, Danish seines, similar
nets and gillnets

Trawls, Danish seines, similar
nets and gillnets

Gillnets

Trawls, Danish seines
similar nets

Trawls, Danish seines
similar nets (1)

Trawls, Danish seines
similar nets

and

and

and

and

and

Subdivisions 28 and 29 south
of latitude 59H 30Y N

Trawls, Danish seines
similar nets

Subdivisions 30 to 32 and
subdivision 29 north of latit-
ude 59H 30Y N

Trawls, Danish seines
similar nets

Minimum mesh
size.
Length of long
diagonal

105 mm

105 mm

120 mm (2)

120 mm (2) (3)

110 mm

100 mm

110 mm

105 mm (4)

32 mm

28 mm

16 mm

16 mm

157 mm

Sprat (Sprattus sprattus)

Subdivisions 22 to 32

Salmon (Salmo salar)

Subdivisions 22 to 32

Trawls, Danish seines
similar nets

and

Anchored floating nets and
driftnets

(1) Nets fitted with devices such as exit windows or structures that comply with the provisions of Annex V, capable of guaranteeing a

50 % retention length of not less than 38 cm.

(2) Mesh size applicable to all meshes in the final 8 m of the codend, measured from the codline, the meshes being streched accord-

ing to the longitudinal centreline of the net.

(3) With the exception of subdivisions 22 and 23 where sole-fishing is authorised with a mesh size not smaller than 90 mm.
(4) With the exception of subdivisions 22 to 24 where normal trawls and Danish seines with a mesh opening of 90 mm are allowed.

15. 1. 98

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Official Journal of the European Communities

L 9/11

ANNEX V

SPECIAL SELECTIVITY DEVICES

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

Exit window (model 1)

Two exit windows with plastic coated, fully opened diamond meshes shall be attached to the codend of
trawls and Danish seines in the cod fishery. The mesh opening shall be no less than 105 mm. The exit
windows shall be attached with a separate piece of netting (between the ordinary diamond meshes and the
meshes of the exit window). The mesh size of the separate netting shall be identical to the bar length of the
exit window times the square root of two.

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

Exit window (model 2)

Identification

The windows shall be rectangular sections of netting in the codend. There shall be two windows in the
codend.

Size

Each window shall have a minimum width of 45 cm along its entire length. Each window shall have a
minimum length of 3,5 m measured along its sides (Figure 1 of diagram 2).

Netting

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

Location

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

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

Mesh size in the whole codend

All parts of the codend shall conform to a minimum mesh size of 105 mm.

L 9/12

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Official Journal of the European Communities

15. 1. 98

Diagram 1

Exit window — Model 1

40-50 cm

L 5 0,8

L 

ordinary diamond meshes

separate piece of netting

exit window
(opened diamond meshes)

15-20 cm

15-20 cm

50 cm

15. 1. 98

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Official Journal of the European Communities

L 9/13

Diagram 2

Exit window — Model 2

Figure 1: Position of the square mesh windows in the codend

A suggested specification

lifting strop

Extension

Codend

selvedge

0,3 m

Windows 3,54 m

1,8 m

0,3 m

Square mesh windows are 0,48 m high

Codend cross section

46 open meshes

Total: 100 meshes round

4 meshes in selvedge

8 meshes for window 

of square meshes

30 open meshes

4 meshes in selvedge

8 meshes for window 

of square meshes

L 9/14

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Official Journal of the European Communities

15. 1. 98

Figure 2: Netting in the square mesh windows

A suggested specification

48 cm

Fro
nt

U
p

per selved

ge

Square mesh window
8 5 59 square meshes

60 mm half mesh
Ø 4 mm double polyethylene
107 mm inside mesh size

All four sides reinforced with
8 mm polypropylene rope

All bars

3
5

4 cm

All bars

Alt

All bars

15. 1. 98

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Official Journal of the European Communities

L 9/15

Figure 3:

Inserting the window in the codend

A suggested specification

Selvedge

Forward end of codend

Square mesh window

all knots

all knots

354 cm
stretched
length

Rings for the lifting becket

Codend in 120 mm

100 meshes in 60 mm half mesh
491/2 meshes long (6 m)
Ø 4 mm double polyethylene
107 mm inside mesh size

Lower panel

21/2 mesh
– 30 cm

291/2 mesh
– 354 cm

21/2 mesh
– 30 cm

15 mesh
– 180 cm

Opening for square mesh windows

8 meshes wide H 291/2 meshes long

Codline

Centre line of lower panel

L 9/16

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Official Journal of the European Communities

15. 1. 98

ANNEX VI

PART A

CORRELATION TABLE

Regulation (EEC) No 1866/86

This Regulation

Article 1
Article 2(1)
Article 2(1a)
Article 2(2)
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
—
—

Annex I
Annex II
Annex III
Annex IV (a)
Annex IV (b)
Annex V

—

Article 1
Article 2(1)
—
Article 2(2)
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Annex I
Annex II
Annex III
—
Annex IV
Annex V
Annex VI

PART B

REGULATIONS AMENDING REGULATION (EEC) No 1866/86

Council Regulation (EEC) No 2244/87 of 23 July 1987
Council Regulation (EEC) No 2178/88 of 18 July 1988
Council Regulation (EEC) No 887/89 of 5 April 1989
Council Regulation (EEC) No 2156/91 of 15 July 1991
Council Regulation (EC) No 2250/95 of 18 September 1995
Council Regulation (EC) No 1821/96 of 16 September 1996

Official Journal

No

page

date

L 207
L 191
L 94
L 201
L 230
L 241

15
7
4
1
1
8

29. 7. 1987
22. 7. 1988
7. 4. 1989
24. 7. 1991
27. 9. 1995
21. 9. 1996