Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms
Date: 1998-03-30
Institutions: Council of the European Union
Subjects: conservation of fish stocks, fishery resources, fishing area, fishing regulations, protection of animal life

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I

(Acts  whose  publication  is  obligatory)

COUNCIL  REGULATION  (EC)  No  850/98

of  30  March  1998

for  the  conservation  of  fishery  resources  through  technical  measures  for  the  protection  of
juveniles  of  marine  organisms

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 (1),

Having  regard  to  the  opinion  from  the  European
Parliament (2),

Having  regard  to  the  opinion  from  the  Economic  and
Social  Committee (3),

(1)  Whereas Regulation (EC) No 894/97 (4) constitutes
the  consolidated  version  of  Regulation  (EEC)  No
3094/86  laying  down  certain  technical  measures
for  the  conservation  of  fishery  resources,  which
Regulation  has  been  frequently  and  substantially
amended;

(2)  Whereas 

experience 

the  application  of
in 
Regulation (EEC) No 3094/86 has brought to light
certain  deficiencies  which  result  in  problems  of
application  and  enforcement  and  which  should  be
rectified,  notably  by  reducing  the  number  of
different  specifications  concerning  mesh-sizes,  by
deleting  the  concept  of  protected  species  and  by
restricting  the  number  of  different  mesh-sizes  that
may  be  kept  on  board;  whereas  it  is  therefore
appropriate  to  replace  Regulation  (EC)  No  894/97
by  a  new  text  with  the  exception  of  Articles  11,
18,  19  and  20  thereof;

(3)  Whereas  it  is  necessary  to  define  certain  principles
technical
for 

establishing 

procedures 

and 

(1)  OJ  C  292  4.10.1996,  p.  1,  and
OJ  C  245  12.8.1997,  p.  10.
(2)  OJ  C  132  28.4.1997,  p.  235.
(3)  OJ  C  30  30.1.1997,  p.  26.
(4)  OJ  L  132  23.5.1997,  p.  1.

conservation measures at Community level, so that
each Member State can manage fishing activities in
the  maritime  waters  under 
jurisdiction  or
sovereignty;

its 

(4)  Whereas a balance needs to be established between
adapting  technical  conservation  measures  to  the
for
diversity  of 
homogeneous  rules  which  are  easy  to  apply;

fisheries  and 

the  need 

the 

(5)  Whereas  Article  130r(2)  of  the  Treaty  establishes
the  principle  that  all  Community  measures  must
integrate  environmental  protection  requirements
notably  in  the  light  of  the  precautionary  principle;

(6)  Whereas 

the  practice  of 

returning  marine
organisms to the sea should be reduced as much as
possible;

(7)  Whereas  protection  of  nursery  areas  should  be
provided  for,  taking  into  account  the  specific
biological 
zones
in 
concerned;

the  various 

conditions 

(8)  Whereas  in  Directive  92/43/EEC (5),  the  Council
laid  down  measures  for  conservation  of  natural
habitats and of wildlife and fauna; whereas the list
of  marine  organisms  that  fall  within  the  scope  of
this Regulation contains names of species protected
by  the  requirements  of  that  Directive;

(9)  Whereas  the  European  Parliament  on  25  October
1996 adopted its resolution on the communication
from  the  Commission  on  the  implementation  of
technical  measures 
fisheries
policy;

the  common 

in 

(5)  OJ L 206 22.7.1992, p. 7. Directive as amended by the 1994

Act  of  Accession.

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in  the 

(10)  Whereas  to  ensure  the  protection  of  marine
biological  resources  and  the  balanced  exploitation
of  fishery  resources 
interests  of  both
fishermen  and  consumers,  technical  conservation
measures should be laid down, specifying inter alia
the  mesh 
thereof
appropriate  for  the  capture  of  certain  species  and
other  characteristics  of  fishing  gear,  and  the
minimum  sizes  of  marine  organisms,  as  well  as
limitations  of  fishing  within  certain  areas  and
time-periods 
and
equipment;

combinations 

and  with 

certain 

gears 

sizes 

and 

(11)  Whereas, in the light of scientific advice, provisions
should  be  laid  down  for  increases  in  mesh  sizes  of
towed  gears  when  fishing  for  certain  species  of
marine  organisms,  and  provisions  should  be  laid
down  for  the  mandatory  use  of  square-meshed
netting,  as  this  can  play  a  significant  role  in
reducing 
juveniles  of  marine
organisms;

the  capture  of 

(12)  Whereas,  to  avoid  the  possibility  of  using  ever
smaller  mesh  sizes  for  fixed  gears,  which 
is
resulting  in  increasing  mortality  rates  for  juveniles
of  the  target  species  of  the  fisheries  concerned,
mesh  sizes  for  fixed  gears  need  to  be  established;

(13)  Whereas  the  species  composition  of  catches  and
the  associated  fishing  practices  differ  between
geographical  areas;  whereas 
these  differences
justify  the  application  of  different  measures  in
those  areas;

(14)  Whereas  the  catching  of  certain  species  to  be
transformed  into  fish-meal  or  fish-oil  may  be
carried  out  with  small  mesh  sizes,  provided  that
such  catching  operations  do  not  have  a  negative
influence  on  other  species;

to 

(15)  Whereas  minimum  sizes  need  to  be  applied  with
that  constitute  a  major
respect 
proportion  of  the  landings  by  Community  fleets
and  to  those  species  which  survive  being  returned
to  the  sea;

species 

(19)  Whereas,  to  take  into  account  traditional  fishing
practice 
in  certain  areas,  specific  provisions
regarding  the  catching  and  retaining  on  board  of
anchovy  and  tuna  should  be  adopted;

(20)  Whereas,  in  order  to  ensure  control  of  fishing
activities in certain areas by vessels complying with
specific  conditions,  access  to  such  areas  shall  be
subject  to  special  fishing  permits  as  referred  to  in
Council  Regulation  (EC)  No  1627/94  of  27  June
1994  laying  down  general  provisions  concerning
special  fishing  rights (1);

(21)  Whereas  the  use  of  purse  seines  on  schools  of  fish
found  in  association  with  marine  mammals  may
result in the catching and killing of such mammals;
whereas  however,  when  properly  conducted,  the
use of purse seines is an effective method of fishing
solely  for  the  desired  target  species;  whereas  the
encirclement of marine mammals with purse seines
must  therefore  be  prohibited;

(22)  Whereas, in order not to hinder scientific research,
artificial 
this
Regulation  should  not  apply  to  operations  which
may  be  necessitated  by  the  conduct  of  such
activities;

transplantation, 

restocking  or 

contained 

conservation,  are 

(23)  Whereas certain measures, necessary in the context
of 
in  Council
Regulation  (EEC)  No  2930/86  of  22  September
1986  defining  characteristics  for  fishing  vessels (2)
and  Council  Regulation  (EEC)  No  2847/93  of  12
October  1993  establishing  a  control  system
applicable  to  the  common  fisheries  policy (3),  and
therefore  need  not  be  reiterated;

(24)  Whereas,  where 

conservation 

seriously
threatened,  the  Commission  and  Member  States
should  be  authorised 
take  appropriate
provisional measures;

to 

is 

(16)  Whereas  the  minimum  size  of  a  species  should  be
in  accordance  with  selectivity  of  the  mesh  size
applicable  to  that  species;

(17)  Whereas  the  manner  in  which  the  size  of  marine

organisms  is  to  be  measured  should  be  defined;

(18)  Whereas,  in  order  to  protect  juvenile  herring,
specific  provisions  regarding  the  catching  and
retaining  on  board  of  sprat  should  be  adopted;

(25)  Whereas  additional  national  measures  of  a  strictly
local  character  may  be  maintained  or  adopted,

(1)  OJ  L  171,  6.7.1994,  p.  7.
(2)  OJ  L  274,  25.9.1986,  p.  1.  Regulation  as  amended  by
Regulation  (EC)  No  3259/94  (OJ  L  339,  29.12.1994,
p. 11).

(3)  OJ  L  261,  20.10.1993,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  686/97  (OJ  L  102,  19.4.1997,  p.  1).

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subject to examination by the Commission of their
compatibility with Community law and conformity
with  the  common  fisheries  policy;

HAS  ADOPTED  THIS  REGULATION:

Article  1

(26)  Whereas,  where 

detailed 
the
rules 
this  Regulation  may  be
implementation  of 
necessary,  such  rules  should  be  adopted 
in
accordance with the procedure laid down in Article
18  of  Regulation  (EEC)  No  3760/92 (1),

on 

This  Regulation,  laying  down  technical  conservation
measures, shall apply to the taking and landing of fishery
resources  occurring  in  the  maritime  waters  under  the
sovereignty  or  jurisdiction  of  the  Member  States  and
situated  in  one  of  the  regions  specified  in  Article  2,
except  as  otherwise  provided  in  Articles  26  and  33.

TITLE  I

DEFINITIONS

Article  2

(h) Region  8

1. For  the  purposes  of  this  Regulation,  the  following
definitions  of  maritime  waters  shall  apply:

(a)  Region  1

All  waters  which  lie  to  the  north  and  west  of  a  line
running from a point at latitude 48° N, longitude 18°
W,  thence  due  north  to  latitude  60°  N,  thence  due
east  to  latitude  5°  W,  thence  due  north  to  latitude
60° 309  N, thence due east to longitude 4° W, thence
due  north  to  latitude  64°  N,  thence  due  east  to  the
coast  of  Norway.

All  waters  off  the  coasts  of  the  French  department  of
Re´union 
sovereignty  or
jurisdiction  of  France.

that  come  under 

the 

2. The  geographical  areas  designated  in  this  Regulation
by  the  letters  ‘ICES’  and  ‘CECAF’  shall  be  those  defined
by  the  International  Council  for  the  Exploration  of  the
Sea  and  the  Fishery  Committee  for  the  Eastern  Central
Atlantic,  respectively.  They  are  described,  subject  to  any
subsequent amendments, in Commission communications
No  85/C  335/02 (2)  and  No  85/C  347/05 (3).

(b) Region  2

All  waters  situated  north  of  latitude  48°  N,  but
excluding  the  waters  in  Region  1  and  ICES  divisions
IIIb,  IIIc,  and  IIId.

3. The  regions  referred  to  in  paragraph  1  may  be
divided into geographical areas, in particular on the basis
of  the  definitions  referred  to 
in
accordance  with  the  procedure  referred  to  in  Article  48.

in  paragraph  2, 

(c)  Region  3

All  waters  corresponding  to  ICES  sub-areas  VIII  and
IX.

4. Notwithstanding  paragraph  2,  for  the  purposes  of
this  Regulation:

(d) Region  4

All  waters  corresponding  to  ICES  sub-area  X.

(e)  Region  5

All  waters  in  that  part  of  the  east  central  Atlantic
comprising  divisions  34.1.1,  34.1.2  and  34.1.3  and
sub-area  34.2.0  of  fishing  zone  34  of  the  CECAF
region.

(f)  Region  6

All  waters  off  the  coasts  of  the  French  department  of
Guyana 
sovereignty  or
jurisdiction  of  France.

that  come  under 

the 

(g)  Region  7

All waters off the coasts of the French departments of
Martinique  and  Guadeloupe  that  come  under  the
sovereignty  or  jurisdiction  of  France.

—  the  Kattegat  is  limited  in  the  north  by  a  line  drawn
from  Skagen  Lighthouse 
in
Tistlarna,  and  from  there  to  the  nearest  point  on  the
Swedish coast, and in the south by a line drawn from
Hasenøre  Head  to  Gniben  Point,  from  Korshage  to
Spodsbjerg,  and  from  Gilbjerg  Head  to  the  Kullen,

lighthouse 

the 

to 

—  the  Skagerrak  is  limited  in  the  west  by  a  line  drawn
form  the  lighthouse  of  Hanstholm  to  the  lighthouse
of  Lindesnes,  and  in  the  south  by  a  line  drawn  form
Skagen Lighthouse to the lighthouse of Tistlarna, and
from  there  to  the  nearest  point  on  the  Swedish
coast,

—  the  North  Sea  shall  comprise  ICES  sub-area  IV,  the
adjacent  part  of  ICES  Division  IIa  lying  south  of
latitude  64°  N,  and  that  part  of  ICES  Division  IIIa
which 
is  not  covered  by  the  definition  of  the
Skagerrak  given  in  the  second  indent.

(1)  OJ  L  389  31.12.1992,  p.  1.  Regulation  as  amended  by  the

1994  Act  of  Accession.

(2)  OJ  C  335,  24.12.1985,  p.  2.
(3)  OJ  C  347,  31.12.1985,  p.  14.

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Article  3

For  the  purposes  of  this  Regulation:

(a)  marine  organisms  shall  mean  all  marine 

fish,
including  anadromous  and  catadromous  species
during their marine life, crustaceans and molluscs and
parts  thereof;

(b) mesh size of  a  towed  net  shall  mean  the  mesh  size  of
any  cod-end  or  extension  piece  found  on  board  a
fishing  vessel  and  attached 
for
attachment  to  any  towed  net.  The  mesh  size  shall  be
determined  by  procedures  specified  in  Regulation
(EEC)  No  2108/84 (1).  This  definition  of  mesh  size
shall  not  be  applied  to  mesh  size  of  square-meshed
netting;

to  or  suitable 

(c)  multiple  twine  netting  shall  mean  netting  constructed
of  two  or  more  twines,  where  the  twines  can  be
separated  between  the  knots  without  damage  to  the
twine  structure;

(d) square-meshed  netting  shall  mean  a  construction  of
netting  mounted  so  that  of  the  two  sets  of  parallel

lines  formed  by  the  mesh  bars,  one  set  is  parallel  to,
and  the  other  at  right  angles  to,  the  long  axis  of  the
net;

(e)  mesh  size  of  a  square-meshed  panel  or  window  shall
mean  the  largest  determinable  mesh  size  of  such  a
panel or window inserted into a towed net. The mesh
size  shall  be  determined  by  procedures  in  Regulation
(EEC)  No  2108/84;

(f)  knotless netting shall mean netting which is composed
of meshes of four sides of approximately equal length
in which the corners of the meshes are formed by the
interweaving  of  the  twines  of  two  adjacent  sides  of
the  mesh;

(g)  bottom set gill nets or entangling nets shall mean any
fixed  gear  made  up  of  a  single  piece  of  net,  fixed,  or
capable  of  being  fixed,  by  any  means  to  the  bottom
of  the  sea;

(h) trammel  nets  shall  mean  any  fixed  gear  made  up  of
two or more pieces of net hung jointly in parallel on a
single  headline,  fixed,  or  capable  of  being  fixed,  by
any  means  to  the  bottom  of  the  sea.

TITLE  II

NETS  AND  CONDITIONS  FOR  THEIR  USE

CHAPTER  I

PROVISIONS  FOR  TOWED  GEARS

Article  4

1. For  each  of  the  regions  or  geographical  areas
mentioned  in  Annexes  I  to  V,  and  depending  where
applicable  on  the  time-period,  the  target  species  for  each
range  of  mesh  size  are  as  defined  in  the  relevant  Annex.

2. Within each region or geographical area mentioned in
Annexes I to V, the use or carrying on board, during any
fishing  voyage,  of  towed  nets  of  mesh  sizes  other  than
in  the  relevant  Annex  shall  be
those  referred  to 
prohibited.

3.  (a)  For  each  of  the  regions  or  geographical  areas
mentioned in Annexes VIII and IX, and depending
where  applicable  on  the  time-period,  the  use  or
carrying  on  board,  during  any  fishing  voyage,  of
any trawl, Danish seine or similar towed net shall
be  prohibited,  unless  the  mesh  sizes  of  the  gears
in  compliance  with
carried  on  board  are 
conditions  laid  down  in  the  relevant  Annex.

(1)  OJ  L  194  24.7.1984,  p.  22.

(b) However, Community vessels may carry on board
within  Community  fishing  waters  and  during  any
fishing  voyage,  nets  of  mesh  sizes  less  than  120
millimetres  which  do  not  comply  with 
the
conditions  laid  down  in  Annexes  VIII  and  IX
provided  that:

—  authorisation  can  be  presented  to  fish  outside

Community  waters  on  that  voyage,  and

—  while  within  Community  waters,  all  nets  of
mesh  sizes  which  do  not  comply  with  the
conditions  laid  down  in  Annexes  VIII  and  IX
are  lashed  and  stowed  in  accordance  with  the
provisions of Article 20(1) of Regulation (EEC)
No  2847/93.

4. Catches  retained  on  board  and  taken  in  each  of  the
regions  or  geographical  areas  mentioned  in  Annexes  I  to
V,  X  and  XI  may  not  be  landed  unless  their  percentage
composition  complies  with  conditions  laid  down  in  the
relevant  Annex.

5. The  percentage  of  target  species  and  of  other  species
shall be obtained by aggregating all quantities retained on
board, or transhipped, of target species and other species
as  set  out  in  Annexes  I  to  V.

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Article  5

Article  7

1. The percentages referred to in Annexes I to V, X and
XI shall be calculated as the proportion by live weight of
all  marine  organisms  on  board  after  sorting  or  on
landing.

2. However,  when  calculating  the  percentages  referred
to  in  paragraph  1  for  a  fishing  vessel  from  which
quantities  of  marine  organisms  have  been  transhipped,
these  quantities  shall  be  taken  into  account.

3. Masters  of  fishing  vessels  who  do  not  complete  a
logbook in accordance with the provisions of Article 6 of
Regulation  (EEC)  No  2847/93  shall  not  tranship  marine
organisms to any other vessel, or receive transhipments of
marine  organisms  from  any  other  vessel.

4. The  percentages  referred  to  in  paragraph  1  may  be
calculated  on  the  basis  of  one  or  more  representative
samples.

5. Notwithstanding  paragraph  1,  in  the  case  of  catches
of  sand  eel  retained  on  board  and  caught  with  nets
having  mesh  sizes  smaller  than  16  millimetres,  the
percentage  may  be  calculated  before  sorting.

6. For  the  purpose  of  this  Article,  the  equivalent  weight
of  whole  Norway 
shall  be  obtained  by
multiplying  the  weight  of  Norway  lobster  tails  by  three.

lobster 

Article  6

1.  (a)  The carrying on board or the use of any demersal
trawl,  Danish  seine  or  similar  towed  net  having
more than 100 meshes in any circumference of the
cod-end, excluding the joinings and selvedges shall
be  prohibited.  This  provision  shall  apply  to
demersal  trawls,  Danish  seines  or  similar  towed
nets  of  which  the  mesh  size  lies  within  the  range
90  to  119  millimetres.

(b) The  first  subparagraph  shall  not  apply  to  beam

trawls.

2. Within  any  single  cod-end  stricto  sensu,  the  number
of meshes around any circumference of the cod-end must
not  increase  from  the  front  end  to  the  rear  end.  This
provision shall apply to all towed nets of which the mesh
size  is  equal  to,  or  greater  than,  55  millimetres.

3. The  number  of  meshes,  excluding  those  in  the
selvedges,  at  any  point  on  any  circumference  of  any
extension  or  lengthening  piece  shall  not  be  less  than  the
maximum number of meshes on the circumference of the
front-end  of  the  cod-end  stricto  sensu  excluding  meshes
in  the  selvedges.  This  provision  shall  apply  to  all  towed
nets  of  which  the  mesh  size  is  equal  to,  or  greater  than,
55 millimetres.

1.  (a)  Square-meshed panels of a mesh size of at least 80

millimetres  may  be  inserted  into  any  towed  net.

(b) Alternatively, any demersal trawl, Danish seine or
similar  towed  net  of  which  the  mesh  size  is  equal
to,  or  greater  than,  100  millimetres  may  be
equipped  with  panels  authorised  in  accordance
with 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 (1).

2. Any  square-meshed  panel:

(a)  shall be placed in the top half or top sheet of a net in
front  of  any  extension  piece  or  at  any  point  between
the  front  of  any  extension  piece  and  the  posterior  of
the  cod-end;

(b) shall  not  be  obstructed  in  any  way  by  either  internal

or  external  attachments;

(c)  shall  be  at  least  three  metres  in  length  except  when
incorporated  into  nets  towed  by  vessels  of  less  than
112 kilowatts, when it must be of at least two metres
in  length;

(d) shall  be  constructed  of  knotless  netting  or  of  netting
constructed with non-slip knots, and shall be inserted
in such a way that the meshes remain fully open at all
times  while  fishing;

(e)  shall  be  constructed  so  that  the  number  of  meshes  in
the anterior row of meshes of the panel is equal to or
greater  than  the  number  of  meshes  in  the  posterior
row  of  meshes  in  the  panel.

3.
In any net in which a square-meshed panel is inserted
in an untapered portion of the net, there shall be at most
five  open  diamond  meshes  between  each  panel  side  and
the  adjacent  selvedges  of  the  net.

In  any  net  in  which  a  square-meshed  panel  is  inserted,
wholly  or  partially,  into  a  tapered  portion  of  the  net
there shall be at most five open diamond meshes between
the  posterior  row  of  meshes  in  the  square-meshed  panel
and  the  adjacent  selvedges  of  the  net.

4. Nothwithstanding  paragraphs  1(a)  and  2(a),  any
demersal  trawl,  Danish  seine  or  similar  towed  net  of
which the mesh size lies in the range 70 to 79 millimetres
shall be equipped with a square-meshed panel positioned
anterior  to  the  cod-end  and  having  a  mesh  size  equal  to,
or  greater  than,  80  millimetres.

(1)  OJ  L  162,  18.6.1986,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  1821/96  (OJ  L  241,  21.9.1996,  p.  8).

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5. Notwithstanding  paragraph  1(a),  the  retention  on
board  of  any  quantity  of  crustaceans  of  the  genus
Pandalus  caught  with  any  demersal  towed  net  having  a
mesh size lying in the range 32 to 54 millimetres shall be
is  equipped  with  a
prohibited,  unless 
square-meshed panel or window having a mesh size equal
to,  or  greater  than,  70  millimetres.

the  net 

applicable  on  the  time-period,  the  use  or  keeping  on
board  of  any  bottom  set  gillnet,  entangling  net  or
trammel  net  shall  be  prohibited,  unless:

(a)  the  catch  taken  with  that  net  and  retained  on  board
includes  a  percentage  of  target  species  no  less  than
70 %;  and

6. The  conditions  of  paragraphs  4  and  5  shall  apply
only  within  Regions  1  and  2.

(b) —  in  the  case  of  bottom  set  gillnets  and  entangling
nets,  its  mesh  size  corresponds  to  one  of  the
categories  set  out  in  the  relevant  Annex,

7. Measurements of the mesh size of any square-meshed
netting  inserted  into  any  part  of  a  net  shall  not  be  taken
into  consideration  when  assessing  the  mesh  size  of  a
towed  net.

—  in  the  case  of  trammel  nets,  its  mesh  size  in  that
part  of  the  net  having  the  smallest  meshes
corresponds to one of the categories set out in the
relevant  Annex.

Article  8

1. The  carrying  on  board  or  the  use  of  any  towed  nets
constructed  wholly  or  in  part  in  the  cod-end  of  single
twine  netting  materials  having  a  twine  thickness  of  more
than  eight  millimetres  shall  be  prohibited.

2. The  carrying  on  board  or  the  use  of  any  towed  nets
constructed  wholly  or  in  part  in  the  cod-end  of  netting
materials consisting of multiple twine shall be prohibited,
unless  the  multiple  twines  are  of  approximately  equal
thickness  and  unless  the  sum  of  the  thicknesses  of  the
multiple twines on any side of any mesh is no more than
12 millimetres.

3. Paragraphs  1  and  2  shall  not  apply  to  pelagic
trawls.

Article  9

1. The  carrying  on  board  or  the  use  of  any  towed  net
the  cod-end  of  which  is  constructed  wholly  or  in  part  of
any  type  of  netting  material  made  of  meshes  other  than
square  mesh  or  diamond  mesh  shall  be  prohibited.

2. Paragraph  1  shall  not  apply  to  any  towed  net  the
cod-end  of  which  has  a  mesh  size  of  31  millimetres  or
less.

2. The  minimum  percentage  of  target  species  may  be
obtained  by  aggregating  the  quantities  of  all  the  target
species  caught.

Article  12

1. The  percentage  referred  to  in  Article  11(1)  shall  be
calculated  as  the  proportion  by  live  weight  of  all  marine
organisms  on  board  after  sorting  or  on  landing.

2. The  percentage  referred  to  in  paragraph  1  may  be
calculated  on  the  basis  of  one  or  more  representative
samples.

Article  13

Articles  11  and  12  shall  not  apply  to  catches  of
salmonids,  lampreys  or  hagfish.

CHAPTER  III

GENERAL  PROVISIONS  ON  NETS  AND  CONDITIONS
FOR  THEIR  USE

Article  10

Article  14

Dredges  are  exempted  from  the  provisions  of  Article  4,
provided that the quantities of marine organisms retained
on  board  and  caught  with  these  nets,  other  than  bivalve
molluscs,  do  not  exceed  5 %  of  the  total  weight  of  the
marine  organisms  on  board.

CHAPTER  II

PROVISIONS  FOR  FIXED  GEARS

Article  11

Sorting  shall  be  carried  out  immediately  after  catches
have  been  removed  from  the  net  or  nets.

Article  15

1. Quantities  of  marine  organisms  caught  in  excess  of
permitted  percentages  specified  in  Annexes  I  to  VII,  X
and  XI  shall  be  returned  to  the  sea  prior  to  return  to
port.

1. For  each  of  the  regions  or  geographical  areas
mentioned  in  Annexes  VI  and  VII,  and  depending  where

2. At all times prior to return to port, the percentage of
target  species  as  defined  in  Annexes  I  to  VII,  X  and  XI

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retained  on  board  shall  be  at  least  half  of  the  minimum
percentages  of  the  target  species  referred  to  in  the  said
Annexes.

3. After  the  first  24  hours  of  a  fishing  voyage  has
expired,  the  minimum  percentage  of  target  species  as  set
out  in  Annexes  I  to  VII,  X  and  XI  shall  be  met  at  the
time  of 
in
accordance  with  conditions  laid  out  in  Article  6  of
Regulation  (EEC)  No  2847/93.

the  daily  completion  of 

logbook 

the 

Article  16

No  device  shall  be  used  by  means  of  which  the  mesh  in
any  part  of  the  fishing  net  is  obstructed  or  otherwise
effectively 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
48.

TITLE  III

MINIMUM  SIZE  OF  MARINE  ORGANISMS

Article  17

Article  19

A  marine  organism  is  undersized  if  its  dimensions  are
smaller than the minimum dimensions specified in Annex
XII for the relevant species and the relevant geographical
area.

1. Undersized marine organisms shall not be retained on
board  or  be  transhipped,  landed,  transported,  stored,
sold,  displayed  or  offered  for  sale,  but  shall  be  returned
immediately  to  the  sea.

Article  18

2. Paragraph  1  shall  not  apply  to:

1. The  measurement  of  the  size  of  a  marine  organism
shall  take  place  in  accordance  with  the  provisions  laid
down  in  Annex  XIII.

2. Where  more  than  one  method  of  measuring  the  size
of  a  marine  organism  is  provided  for,  the  organism  is
considered to be of the minimum size if the application of
any  one  of  these  methods  results  in  a  size  equal  to,  or
greater  than,  the  corresponding  minimum  size.

(a)  sardine,  anchovy,  herring,  horse  mackerel  and
mackerel, within a limit of 10 % by live weight of the
total  catches  retained  on  board  of  each  of  these
sardine,
species.  The  percentage  of  undersized 
anchovy, herring, horse mackerel or mackerel shall be
calculated  as  the  proportion  by  live  weight  of  all
marine  organisms  on  board  after  sorting  or  on
landing.  The  percentage  may  be  calculated  on  the
basis of one or more representative samples. The limit
of  10 %  shall  not  be  exceeded  during  transhipment,
landing,  transportation,  storage,  display  or  sale;

3. Lobsters,  crawfish,  and  bivalve  and  gastropod
molluscs  belonging  to  any  such  species  for  which  a
minimum  size  is  set  in  Annex  XII  may  only  be  retained
on  board  whole  and  may  only  be  landed  whole.

4.  (a)  Edible crabs may only be retained on board whole

and  may  only  be  landed  whole.

(b) marine  organisms  other 

than 

those  defined 

in
Annexes  I  to  V  as  target  species  for  the  mesh  size
categories  smaller  than  16  millimetres  or  than  16  to
31 millimetres, and caught with towed gear of a mesh
size  less  than  32  millimetres,  provided  that  said
organisms  are  not  sorted  and  are  not  sold,  displayed
or  offered  for  sale  for  human  consumption.

(b) However,  a  maximum  of  5 %  by  weight  of  the
total  catch  of  edible  crabs  or  parts  thereof
retained  on  board  or  landed  may  consist  of
detached  claws.

3. However,  undersized 
anchovy,  horse
mackerel  or  mackerel  caught  for  use  as  live  bait  may  be
retained  on  board,  provided  they  are  retained  alive.

sardine, 

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SPECIAL  PROVISIONS  RELATING  TO  FISHING  FOR  CERTAIN  MARINE  ORGANISMS

TITLE  IV

Article  20

Restrictions  on  fishing  for  herring

(e)  from  15  August  to  30  September  ,  within  the  zone
extending  from  six  to  12  miles  off  the  east  coast  of
the  United  Kingdom  as  measured  from  the  baselines
between  latitudes  54°  109  N  and  54°  459  N;

1. The  retention  on  board  of  herring  which  are  caught
within  the  geographical  areas  and  during  the  periods
mentioned  below  shall  be  prohibited:

(f)  from  21  September  to  31  December,  within  the  parts
of  ICES  Division  VIIa  bounded  by  the  following
coordinates:

(a)  from  1  January  to  30  April,  within  the  geographical
area  situated  to  the  north-east  of  a  line  drawn
between  Mull  of  Kintyre  and  Corsewall  Point;

(b) from  1  July  to  31  October,  within  the  geographical

area  bounded  by  the  following  coordinates:

—  the  west  coast  of  Denmark  at  latitude  55°  309

N,

—  latitude  55°  309  N,  longitude  7°  009  E,

—  latitude  57°  009  N,  longitude  7°  009  E,

—  the  west  coast  of  Denmark  at  latitude  57°  009

N;

(c)  from  15  August  to  15  September,  within  the  zone
extending  from  six  to  12  miles  off  the  east  coast  of
the  United  Kingdom  as  measured  from  the  baselines
between  latitudes  55°  309  N  and  55°  459  N;

(d) from  15  August  to  30  September,  within  the
geographical  area  bounded  by  a  line  joining  the
following  points:

—  the  Butt  of  Lewis,

—  Cape  Wrath,

—  latitude  58°  559  N,  longitude  5°  009  W,

—  latitude  58°  559  N,  longitude  7°  109  W,

—  latitude  58°  209  N,  longitude  8°  209  W,

—  latitude  57°  409  N,  longitude  8°  209  W,

(i)  —  the  east  coast  of  the  Isle  of  Man  at  latitude

54°  209  N,

—  latitude  54°  209  N,  longitude  3°  409  W,
—  latitude  53°  509  N,  longitude  3°  509  W,
—  latitude  53°  509  N,  longitude  4°  509  W,

—  the  south-west  coast  of  the  Isle  of  Man  at

longitude  4°  509  W,

and

(ii) the  east  coast  of  Northern  Ireland  at  latitude  54°

159  N,

—  latitude  54°  159  N,  longitude  5°  159  W,
—  latitude  53°  509  N,  longitude  5°  509  W,
—  the  east  coast  of  Ireland  at  latitude  53°  509  N;

(g)  throughout the year within ICES Division VIIa, in the
the  west  coasts  of
geographical  area  between 
Scotland,  England  and  Wales,  and  a  line  drawn  12
miles from the baselines of the coasts bounded to the
south by latitude 53° 209 N and to the north-west by
a 
the  Mull  of  Galloway
(Scotland)  and  the  Point  of  Ayre  (Isle  of  Man);

line  drawn  between 

(h) throughout the year within Logan Bay, defined as the
waters  east  of  a  line  drawn  from  the  Mull  of  Logan
situated  at  latitude  54°  449  N  and  longitude  4°  599
W,  to  Laggantalluch  Head,  situated  at  latitude  54°
419  N  and  longitude  4°  589  W;

(i)  in  1997,  and  every  third  year  thereafter,  from  the
second  Friday 
in  January,  for  a  period  of  16
consecutive  days  within  the  area  bounded  by  the
following  coordinates:

—  the  west  coast  of  North  Uist  at  latitude  57°  409
N,  then  along  the  north  coast  of  the  island  as  far
as  latitude  57°  409 360  N,  longitude  7°  209 390
W,

—  the  south-east  coast  of  Ireland  at  latitude  52°  009

N,

—  latitude  52°  009  N,  longitude  6°  009  W,

—  latitude  57°  509 30  N,  longitude  7°  89 60  W,

—  latitude  52°  309  N,  longitude  6°  009  W,

—  north-east  along  the  west  coast  of  Lewis  as  far  as

the  point  of  departure  (Butt  of  Lewis);

—  the  south-east  coast  of  Ireland  at  latitude  52°

309;

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(j)  in 1997, and every third year thereafter from the first
Friday  in  November  for  a  period  of  16  consecutive
days  within  the  area  bounded  by  the  following
coordinates:

—  the  south  coast  of  Ireland  at  longitude  9°  009  W,

—  latitude  51°  159  N,  longitude  9°  009  W,

—  latitude  51°  159  N,  longitude  11°  009  W,

—  latitude  52°  309  N,  longitude  11°  009  W,

—  the  west  coast  of  Ireland  at  latitude  52°  309  N;

(k) in 1998, and every third year thereafter, from the first
Friday  in  November  for  a  period  of  16  consecutive
days  within  the  area  bounded  by  the  following
coordinates:

—  the  south  coast  of  Ireland  at  longitude  9°  009  W,

—  latitude  51°  159  N,  longitude  9°  009  W,

—  latitude  51°  159  N,  longitude  7°  309  W,

—  the  south  coast  of  Ireland  at  latitude  52°  009  N.

2. However,  vessels  may  retain  on  board  quantities  of
herring from any of the areas described, provided they do
not  exceed  5 %  of  the  total  live  weight  of  the  marine
organisms  on  board  which  have  been  caught  in  each
separate  area  during  one  of  the  periods  specified.

3. Notwithstanding  paragraph  1,  points  (f)(ii)  and  (h),
vessels  with  a  length  not  exceeding  12,2  metres  based  in
ports  situated  on  the  east  coast  of  Ireland  and  Northern
Ireland  between  latitudes  53°  009  N  and  55°  009  N  may
retain  on  board  quantities  of  herring  from  the  areas  set
out  in  paragraph  1,  points  (f)(ii)  and  (h).  The  only
method  of  fishing  authorised  shall  be  drift-netting  with
nets  of  a  mesh  size  equal  to,  or  greater  than,  54
millimetres.

Article  21

Restrictions  on  fishing  for  sprat  to  protect  herring

(b) from 1 January to 31 March, and from 1 October to
31  December,  within  the  inner  waters  of  the  Moray
Firth  west  of  longitude  3°  309  W,  and  in  the
inner  waters  of  the  Firth  of  Forth  west  of  longitude
3°  009  W,

(c)  from  1  July  to  31  October,  within  the  geographical

area  bounded  by  the  following  coordinates:
—  the  west  coast  of  Denmark  at  latitude  55°  309

N,

—  latitude  55°  309  N,  longitude  7°  009  E,
—  latitude  57°  009  N,  longitude  7°  009  E,
—  the  west  coast  of  Denmark  at  latitude  57°  009

N.

2. However,  vessels  may  retain  on  board  quantities  of
sprat  from  any  of  the  areas  described,  provided  they  do
not  exceed  5 %  of  the  total  live  weight  of  the  marine
organisms  on  board  which  have  been  caught  in  each
separate  area  during  any  of  the  periods  specified.

Article  22

Restrictions  on  fishing  for  mackerel

1.
the  retention  on  board  of  mackerel  which  are  caught
within  the  geographical  area  bounded  by  the  following
coordinates  shall  be  prohibited:

—  a  point  on  the  south  coast  of  the  United  Kingdom  at

longitude  2°  009  W,

—  latitude  49°  309  N,  longitude  2°  009  W,

—  latitude  49°  309  N,  longitude  7°  009  W,

—  latitude  52°  009  N,  longitude  7°  009  W,

—  a  point  on  the  west  coast  of  the  United  Kingdom  at

latitude  52°  009  N,

except where the weight of the mackerel does not exceed
15 %  by  live  weight  of  the  total  quantities  of  mackerel
and  other  marine  organisms  on  board  which  have  been
caught  in  this  area.

1. The  retention  on  board  of  sprat  which  are  caught
within  the  geographical  areas  and  during  the  periods
mentioned  below  shall  be  prohibited:

2. Paragraph  1  shall  not  apply:

(a)  to  vessels  fishing  exclusively  with  gill  nets  and/or

hand  lines;

(a)  from 1 January to 31 March, and from 1 October to
31  December,  within  ICES  statistical  area  39E8.  For
the purpose of this Regulation, this ICES area shall be
the  area  bounded  by  a  line  due  east  from  the  United
Kingdom  east  coast  along  latitude  55°  009  N  to  a
point at longitude 1° 009 W, from there due north to
a point at latitude 55° 309 N and from there due west
to  the  United  Kingdom  coast;

(b) to  vessels  fishing  with  demersal  trawls,  Danish  seines
or  other  similar  towed  nets,  provided  that  they  have
on  board  a  minimum  of  75 %  by  live  weight  of
marine  organisms  with  the  exception  of  anchovy,
herring, 
pelagic
horse  mackerel,  mackerel, 
cephalopods  and  sardine,  calculated  as  a  percentage
of the total live weight of all the marine organisms on
board;

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(c)  to  vessels  which  are  not  equipped  for  fishing  and  to

which  mackerel  are  being  transhipped.

2. Within  the  Division  referred  to  in  paragraph  1,  the
simultaneous  carrying  on  board  of  pelagic  trawls  and
purse  seines  shall  be  prohibited.

3. All  mackerel  which  are  on  board  shall  be  deemed  to
have  been  caught  within  the  area  provided  for  by
paragraph 1, except those which have been declared to be
on  board  before  the  vessel  enters  that  area,  under  the
procedure  described  in  the  following  subparagraphs.

The  master  of  a  vessel  intending  to  enter  that  area  in
order to fish, and holding mackerel on board, shall 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.

On  entering  the  area,  he  shall  notify  the  competent
control  authority  of  the  quantities  of  mackerel  which  he
has on board and which are entered in the log-book. The
master  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  mackerel  on  board  and  the  place  shall  be  as  near  as
possible  to  the  point  of  entry  into  the  area.

The master of the fishing vessel who intends to enter the
area  for  the  purpose  of  having  mackerel  transhipped  to
his  vessel  shall  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  begins.  Immediately  on  completion  of
transhipment,  the  master  shall  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  25  08  23,

—  for  Ireland:

Department  of  Marine,  telex:  Dublin  91798  MRNE,

—  for  the  United  Kingdom:

Ministry  of  Agriculture,  Fisheries  and  Food,  telex:
London  21274.

Article  23

Restrictions  on  fishing  for  anchovy

1. The  retention  on  board  of  anchovy  caught  using
pelagic  trawls  in  ICES  Division  VIIIc  or  the  fishing  for
anchovy  with  pelagic  trawls  in  this  Division  shall  be
prohibited.

Article  24

Restrictions  on  fishing  for  tuna

1. The  retention  on  board  of  any  quantity  of  skipjack,
bigeye  or  yellowfin  tuna  which  are  caught  using  purse
seines  in  waters  under  the  sovereignty  or  jurisdiction  of
Portugal  in  ICES  sub-area  X  north  of  36°  309  N  or  in
CECAF  areas  north  of  31°  N  and  east  of  17°  309  W,  or
the  fishing  for  the  said  species  in  the  said  areas  with  the
said  gears  shall  be  prohibited.

2. The  retention  on  board  of  tuna  which  are  caught
using  drift-nets  in  waters  under  the  sovereignty  or
jurisdiction  of  Spain  or  Portugal  in  ICES  sub-areas  VIII,
IX and X, or in CECAF areas around the Canary Islands
and  Madeira,  or  the  fishing  for  the  said  species  in  the
said  areas  with  the  said  gears  shall  be  prohibited.

Article  25

Restrictions  on  fishing  for  shrimps  to  protect  flatfish

1. The  retention  on  board  of  any  quantity  of  common
shrimps  and  Aesop  shrimps  caught  with  demersal  towed
nets having any mesh size between 16 and 31 millimetres
shall  be  prohibited,  unless  the  vessel  has  installed  on
board  a  functioning  device  designed  to  separate  flatfish
from  common  shrimps  and  Aesop  shrimps  following
capture.

2. A separator trawl or a net with a sorting grid shall be
used  to  catch  common  shrimps  and  Aesop  shrimps.
Detailed  rules  for  the  implementation  of  this  paragraph
shall  be  drawn  up  in  accordance  with  the  procedure  laid
down  in  Article  48.

3. However,  quantities  of  common  shrimp  or  Aesop
shrimp  may  be  retained  on  board  fishing  vessels  that  do
not  comply  with  the  provisions  laid  down  in  paragraphs
1  and  2,  provided  these  quantities  do  not  exceed  5 %  of
the  total  live  weight  of  the  marine  organisms  on  board.

Article  26

Restrictions  on  fishing  for  salmon  and  sea  trout

1. Salmon  and  sea  trout  shall  not  be  retained  on  board
or  be  transhipped,  landed,  transported,  stored,  sold,
displayed  or  offered  for  sale,  but  shall  be  returned
immediately  to  the  sea  when  taken:

—  within  the  waters  situated  outside  the  six-mile  limit
measured from Member States’ baselines in regions 1,
2,  3  and  4,

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—  by  way  of  derogation  from  Article  2(1),  outside  the
waters  under  the  sovereignty  or  jurisdiction  of  the
Member States in regions 1, 2, 3, and 4, except in the
waters  under  the  jurisdiction  of  Greenland  and  the
Faroe  Islands,

—  when  fishing  with  any  towed  net.

2. Paragraph  1  shall  not  apply  to  salmon  and  sea  trout
taken  within  the  Skagerrak  and  Kattegat.

Article  27

Restrictions  on  fishing  for  Norway  pout  to  protect
other  roundfish

1. The  retention  on  board  of  Norway  pout  which  are
caught with any towed gear in the area which is bounded
by  a 
following  points  shall  be
prohibited:

joining 

line 

the 

—  a  point  at  56°  N  on  the  east  coast  of  the  United

Kingdom  as  far  as  2°  E,

—  the running north to 58° N, west to 0° 309 W,  north
to  59°  159  N,  east  to  1°  E,  north  to  60°  N,  west  to
longitude  0°  009;

—  from  there  north  to  60°  309  N,  west  to  the  coast  of
the  Shetland  Isles,  then  west  from  60°  N  on  the  west
coast  of  the  Shetlands  to  3°  W,  south  to  58°  309  N,

—  and 

finally  west 

to 

the  coast  of 

the  United

Kingdom.

2. However,  vessels  may  retain  on  board  quantities  of
Norway  pout  from  the  area  and  caught  with  the  gear
described  in  paragraph  1,  provided  they  do  not  exceed
5 %  of  the  total  weight  of  the  marine  organisms  on
board  which  have  been  caught  in  the  said  area  with  the
said gear.

Article  28

Restrictions  on  fishing  for  hake

1. Fishing with any trawl, Danish seine or similar towed
net,  in  the  geographical  areas  and  during  the  periods
mentioned  below,  shall  be  prohibited:

(a)  from  1  September  to  31  December,  with  in  the
geographical  area  bounded  by  a  line  joining  the
following  coordinates:

—  the point on the north coast of Spain called Cabo
Prior  (latitude  43°  349  N,  longitude  8°  199  W),

—  latitude  43°  509  N,  longitude  8°  199  W,

—  latitude  43°  259  N,  longitude  9°  129  W,

—  the  point  on  the  west  coast  of  Spain  called  Cabo
Villano  (latitude  43°  109  N,  longitude  9°  129
W);

(b) from  1  October 

the
geographical  area  bounded  by  a  line  joining  the
following  coordinates:

to  31  December,  within 

—  the  point  on  the  west  coast  of  Spain  called  Cabo
Corrubedo  (latitude  42°  359  N,  longitude  9°  059
W),

—  latitude  42°  359  N,  longitude  9°  259  W,

—  latitude  43°  009  N,  longitude  9°  309  W,

—  the  point  on  the  west  coast  of  Spain  at  latitude

43°  009  N;

(c)  from  1  December  to  the  last  day  of  February  in  the
following year, within the geographical area bounded
by  a  line  joining  the  following  coordinates:

—  a  point  on  the  west  coast  of  Portugal  at  latitude

37°  509  N,

—  latitude  37°  509  N,  longitude  9°  089  W,

—  latitude  37°  009  N,  longitude  9°  079  W,

—  a  point  on  the  west  coast  of  Portugal  at  latitude

37°  009  N.

2. Within the zones and during the periods referred to in
paragraph 1, the carrying on board of any trawl, Danish
seine or similar towed net shall be prohibited, unless such
gears  are  lashed  and  stowed  in  accordance  with  the
provisions  laid  down  in  Article  20(1)  of  Regulation
(EEC)  No  2847/93.

Article  29

Restrictions  on  fishing  for  plaice

1. Vessels  exceeding  eight  metres  length  overall  shall  be
prohibited  from  using  any  demersal  trawl,  Danish  seine
or  similar  towed  gear  inside  the  following  geographical
areas:

(a)  the  area  within  12  miles  of  the  coasts  of  France,
north  of  latitude  51°  009  N,  Belgium,  and  the
Netherlands up to latitude 53° 009 N, measured from
the  baselines;

(b) the  area  bounded  by  a  line  joining  the  following

coordinates:

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—  a  point  on  the  west  coast  of  Denmark  at  latitude

57°  009  N,

—  latitude  57°  009  N,  longitude  7°  159  E,

—  latitude  55°  009  N,  longitude  7°  159  E,

—  latitude  55°  009  N,  longitude  7°  009  E,

—  latitude  54°  309  N,  longitude  7°  009  E,

—  latitude  54°  309  N,  longitude  7°  309  E,

—  latitude  54°  009  N,  longitude  7°  309  E,

—  latitude  54°  009  N,  longitude  6°  009  E,

—  latitude  53°  509  N,  longitude  6°  009  E,

—  latitude  53°  509  N,  longitude  5°  009  E,

—  latitude  53°  309  N,  longitude  5°  009  E,

—  latitude  53°  309  N,  longitude  4°  159  E,

—  latitude  53°  009  N,  longitude  4°  159  E,

—  a point on the coast of the Netherlands at latitude

53°  009  N;

(c)  the  area  within  12  miles  of  the  west  coast  of
Denmark from latitude 57° 009 N as far north as the
Hirtshals  Lighthouse,  measured  from  the  baselines.

2.  (a)  However, vessels to which a special fishing permit
has been issued in accordance with Article 7(3) of
Regulation  (EC)  No  1627/94  shall  be  authorised
to  fish  in  the  areas  referred  to  in  paragraph  1
using  beam  trawls.  The  use  of  any  beam  trawl  of
which  the  beam  length,  or  of  any  beam  trawls  of
which the aggregate beam length, measured as the
sum  of  the  length  of  each  beam,  is  greater  than
nine  metres,  or  can  be  extended  to  a  length
greater  than  nine  metres,  shall  be  prohibited,
except  when  operating  with  gear  having  a  mesh
size between 16 and 31 millimetres. The length of
a  beam  shall  be  measured  between  its  extremities
including  all  attachments  thereto.

(b) Notwithstanding  Article  1(2)  of  Regulation  (EC)
No  1627/94,  special  fishing  permits  for  the
purposes indicated in (a) may be issued for vessels
exceeding  eight  metres  length  overall.

(c)  Vessels  to  which  a  special  fishing  permit  as
referred  to  in  (a)  and  (b)  has  been  issued  shall
comply  with  the  following  criteria:

—  they  must  be  included  in  a  list  to  be  provided
to  the  Commission  by  each  Member  State

such that the total engine power of the vessels
within  each  list  does  not  exceed  the  total
engine  power  in  evidence  for  each  Member
State  at  1  January  1998,

—  their  engine  power  does  not  exceed  221
kilowatts (kW) at any time and, in the case of
derated engines did not exceed 300 kW before
derating.

(d) Any  individual  vessel  on  the  list  may  be  replaced

by  another  vessel  or  vessels,  provided  that:

—  no  replacement  will  lead  to  an  increase  for
each  Member  State  in  its  total  engine  power
indicated  in  the  first  indent  of  (c),

—  the  engine  power  of  any  replacement  vessel

does  not  exceed  221  kW  at  any  time,

—  the  engine  of  any  replacement  vessel  is  not

derated,  and

—  the  length  overall  of  any  replacement  vessel

does  not  exceed  24  metres.

(e)  An engine of any individual vessel included in the
list  for  any  Member  State  may  be  replaced,
provided  that:

—  the  replacement  of  an  engine  does  not  lead  to
the vessel’s engine power exceeding 221 kW at
any  time,

—  the  replacement  engine  is  not  derated,  and

—  the  power  of  the  replacement  engine  is  not
such  that  replacement  will  lead  to  an  increase
in  the  total  engine  power  as  indicated  in  the
first  indent  of  (c)  for  that  Member  State.

(f)  Fishing  vessels  which  do  not  comply  with  the
criteria specified in this paragraph shall have their
special  fishing  permit  withdrawn.

3. Notwithstanding  paragraph  2(a),  vessels  holding  a
special  fishing  permit  and  whose  primary  activity  is
fishing  for  common  shrimp,  shall  be  permitted  to  use
length,
beam  trawls  of  which  the  aggregate  beam 
measured  as  the  sum  of  the  length  of  each  beam,  is
greater than nine metres when operating with gear having
a mesh size between 80 and 99 millimetres, provided that
an additional special fishing permit to this effect has been
issued  to  these  vessels.  This  additional  special  fishing
permit  shall  be  annually  reviewed.

Any  vessel  or  vessels  to  which  such  an  additional  special
fishing  permit  has  been  issued  may  be  replaced  by
another  vessel,  provided  that:

—  the  replacement  vessel  does  not  exceed  70  GRT  and
does  not  exceed  an  overall  length  of  20  metres,  or

—  the capacity of the replacement vessel does not exceed
180  kW  and  that  the  replacement  vessel  does  not
exceed  an  overall  length  of  20  metres.

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Fishing  vessels  which  cease  to  comply  with  the  criteria
specified  in  this  paragraph  shall  have  their  additional
special  fishing  permit  permanently  withdrawn.

4.  (a)  By  way  of  derogation  from  paragraph  1:

—  vessels  whose  engine  power  does  not  exceed
221  kW  at  any  time  and,  in  the  case  of
derated engines did not exceed 300 kW before
derating,  shall  be  authorised  to  fish  in  the
areas  referred  to  in  that  paragraph  using
demersal  otter  trawls,

—  paired  vessels  whose  combined  engine  power
does  not  exceed  221  kW  at  any  time  and,  in
the case of derated engines did not exceed 300
kW before derating, shall be authorised to fish
in  said  areas  using  demersal  pair  trawls.

(b) However, vessels whose engine power exceeds 221
kW  shall  be  permitted  to  use  demersal  otter
trawls,  or  paired  vessels  whose  combined  engine
power  exceeds  221  kW  shall  be  permitted  to  use
demersal  pair  trawls,  provided  that:

(ii)  —  the  mesh  size  used 
millimetres, and

is  at 

least  100

—  the  quantities  of  plaice  and/or  sole
retained  on  board  and  caught  in  the  said
areas  do  not  exceed  5 %  of  the  total
weight of the marine organisms on board
and  caught  in  the  said  areas;

or

(iii)  —  the  mesh  size  used 
millimetres, and

is  at 

least  80

—  the  use  of  such  mesh  sizes  is  restricted  to
an  area  within  12  miles  of  the  coast  of
France  north  of  latitude  51° 009  N,  and

—  the  quantities  of  plaice  and  sole  retained
on board and caught in the said areas, do
not exceed 5 % of the total live weight of
the  marine  organisms  on  board  and
caught  in  the  said  areas.

(i)  —  the catch of sand eel and/or sprat retained
on  board  and  caught  in  the  said  areas
constitutes  at  least  90 %  of  the  total  live
weight of the marine organisms on board
and  caught  in  the  said  areas,  and

5. Within  areas  where  beam  trawls,  otter  trawls  or
bottom  pair  trawls  may  not  be  used,  the  carrying  on
board  of  such  nets  shall  be  prohibited,  unless  they  are
lashed and stowed in accordance with the provisions laid
down  in  Article  20(1)  of  Regulation  (EEC)  No  2847/93.

—  the  quantities  of  plaice  and/or  sole
retained  on  board  and  caught  in  the  said
areas  do  not  exceed  2 %  of  the  total  live
weight of the marine organisms on board
and  caught  in  the  said  areas;

or

6. Detailed  rules  for  the  implementation  of  this  Article
shall  be  drawn  up  in  accordance  with  the  procedure  laid
down  in  Article  48.

RESTRICTIONS  ON  CERTAIN  TYPES  OF  FISHING  AND  ASSOCIATED  ACTIVITIES

TITLE  V

Article  30

Restrictions  on  the  use  of  demersal  towed  gears

2. Vessels shall be prohibited from using any beam trawl
of  which  the  mesh  size 
lies  between  32  and  99
millimetres  within  either  of  the  following  geographical
areas:

1. Vessels  shall  be  prohibited  from  having  on  board  or
using  any  beam  trawl  of  which  the  beam  length,  or  any
beam  trawls  of  which  the  aggregate  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.  The  length  of  a  beam  shall  be
measured  between 
all
attachments  thereto.

extremities 

including 

its 

(a)  the North Sea north of a line joined by the following

points:

—  a  point  on  the  east  coast  of  the  United  Kingdom

at  latitude  55°  N,

—  then  east  to  latitude  55°  N,  longitude  5°  E,

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—  then  north  to  latitude  56°  N,

—  and  finally  east  to  a  point  on  the  west  coast  of

Denmark  at  latitude  56°  N;

(b) ICES Division Vb, ICES sub-area VI north of latitude
56°  N  and  ICES  sub-area  XII  north  of  latitude
56° N.

Within  the  areas  mentioned  under  (a)  and  (b),  the
keeping  on  board  of  any  beam  trawl  of  which  the  mesh
size 
lies  between  32  and  99  millimetres  shall  be
prohibited,  unless  such  a  net  is  lashed  and  stowed  in
accordance with the provisions laid down in Article 20(1)
of  Regulation  (EEC)  No  2847/93.

3. Vessels  shall  be  prohibited  from  using  any  demersal
otter trawl, demersal pair trawl or Danish seine of which
the  mesh  size  lies  between  80  and  99  millimetres  within
the  geographical  area  set  out  in  paragraph  2(a).  Within
this  area,  the  keeping  on  board  of  any  demersal  otter
trawl,  demersal  pair  trawl  or  Danish  seine  of  which  the
mesh  size  lies  between  80  and  99  millimetres  shall  be
prohibited,  unless  such  a  net  is  lashed  and  stowed  in
accordance with the provisions laid down in Article 20(1)
of  Regulation  (EEC)  No  2847/93.

Article  31

Unconventional  fishing  methods

and  no  graded  fish  are  returned  to  the  sea  except
as  required  by  Article  19;

and

(ii) the  equipment  is  installed  and  located  on  the
vessel  in  such  a  way  as  to  ensure  immediate
freezing  and  not  to  allow  the  return  of  marine
organisms  to  the  sea.

3. Any  vessel  authorised  to  fish  in  the  Baltic,  Belts  or
Sound  may  carry  automatic  grading  equipment  in  the
Kattegat  provided  that  a  special  fishing  permit  has  been
issued  to  that  effect.

The  special  fishing  permit  shall  define  the  species,  areas,
time periods and any other required conditions applicable
to  the  use  and  carriage  on  board  of  the  grading
equipment.

Article  33

Restrictions  on  the  use  of  purse  seines

1. The  undertaking  of  any  encirclement  with  purse
seines  of  any  school  or  group  of  marine  mammals  shall
be  prohibited.

2. Paragraph 1 shall apply, notwithstanding Article 1, to
all  vessels  flying  the  flag  of,  or  registered  in,  a  Member
State,  in  all  waters.

1. The  catching  of  marine  organisms  using  methods
incorporating 
the  use  of  explosives,  poisonous  or
stupefying  substances  or  electric  current  shall  be
prohibited.

Article  34

Restrictions  on  fishing  activities  in  the  12-mile  zone
around  the  United  Kingdom  and  Ireland

2. The sale, display or offer for sale of marine organisms
caught  using  methods  incorporating  the  use  of  any  kind
of  projectile  shall  be  prohibited.

1. Vessels shall be prohibited from using any beam trawl
inside  the  areas  within  12  miles  of  the  coasts  of  the
United  Kingdom  and 
the
baselines 
territorial  waters  are
from  which 
measured.

Ireland,  measured 

from 

the 

Article  32

Restrictions  on  the  use  of  automatic  grading  equipment

2. However,  vessels  in  any  of  the  following  categories
are  authorised  to  fish  in  the  areas  referred  to  in
paragraph  1  using  beam  trawls:

1. The  carrying  or  use  on  board  a  fishing  vessel  of
equipment  which  is  capable  of  automatically  grading  by
size or by sex herring or mackerel or horse mackerel shall
be  prohibited.

(a)  a  vessel  which  entered  into  service  before  1  January
1987,  and  whose  engine  power  does  not  exceed  221
kW, and in the case of derated engines did not exceed
300  kW  before  derating;

2. However,  the  carrying  and  use  of  such  equipment
shall  be  permitted  provided  that:

(a)  the  vessel  does  not  simultaneously  carry  or  use  on
board  either  towed  gear  of  mesh  size  less  than
70 millimetres  or  one  or  more  purse  seines  or  similar
fishing gears;

or

(b) (i)  the  whole  of  the  catch  which  may  be  lawfully
retained  on  board  is  stored  in  a  frozen  state,  the
graded  fish  are  frozen  immediately  after  grading

(b) 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  does  not  exceed  24  metres;

(c)  a  vessel  which  had  its  engine  replaced  after  31
December  1986  with  an  engine  which  is  not  derated
and  whose  power  does  not  exceed  221  kW.

3. Notwithstanding  paragraph  2,  the  use  of  any  beam
trawl of which the beam length, or of any beam trawls of
which the aggregate beam length, measured as the sum of
the  length  of  each  beam,  is  greater  than  nine  metres  or

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can  be  extended  to  a  length  greater  than  nine  metres,
shall  be  prohibited,  except  when  operating  with  gear
having  a  mesh  size  between  16  and  31  millimetres.  The
length  of  a  beam  shall  be  measured  between 
its
extremities  including  all  attachments  thereto.

5. Vessels  which  may  not  use  beam  trawls  shall  be
prohibited  from  carrying  on  board  such  nets  within  the
areas  referred  to  in  this  Article,  unless  they  are  lashed
and  stowed  in  accordance  with  the  provisions  laid  down
in  Article  20(1)  of  Regulation  (EEC)  No  2847/93.

4. Fishing  vessels  which  do  not  comply  with  the  criteria
specified  in  paragraphs  2  and  3  shall  not  be  allowed  to
engage  in  the  fishing  activities  referred  to  in  those
paragraphs.

6. Detailed  rules  for  the  implementation  of  this  Article
shall  be  drawn  up  in  accordance  with  the  procedure  laid
down  in  Article  48.

TITLE  VI

SPECIFIC  PROVISIONS  FOR  THE  SKAGERRAK  AND  KATTEGAT

Article  35

Notwithstanding  Article  19(1),  undersized  marine
organisms  caught  in  the  Skagerrak  or  Kattegat  may  be
retained  on  board,  or  be 
landed,
transported,  stored,  sold,  displayed  or  offered  for  sale
within a limit of 10 % by live weight of the total catches
retained  on  board.

transhipped, 

Article  36

landed, 

transhipped, 

Salmon  and  sea  trout  shall  not  be  retained  on  board  or
be 
sold,
displayed  or  offered  for  sale,  but  shall  be  returned
immediately  to  the  sea,  when  taken  within  any  part  of
the Skagerrak and Kattegat situated outside the four-mile
limit  measured  from  Member  States’  baselines.

transported, 

stored, 

Article  37

1. The  use  of  trawls  having  a  mesh  size  of  less  than  32
millimetres  from  1  July  to  15  September  in  the  waters
situated  within  three  miles  of  the  baselines  in  the
Skagerrak  and  Kattegat  shall  be  prohibited.

—  for  eelpout  (Zoarces  viviparus),  gobies  (Gobiidae)  or
scorpion  fish  (Cottus  ssp.)  to  be  used  as  bait,  nets
with  any  mesh  size  may  be  used.

Article  38

The  retention  on  board  of  any  quantity  of  herring,
mackerel  or  sprat  caught  using  trawls  or  purse  seines
between  Saturday  midnight  and  Sunday  midnight  in  the
Skagerrak,  and  between  Friday  midnight  and  Sunday
midnight  in  the  Kattegat  shall  be  prohibited.

Article  39

The  use  of  any  beam  trawl  in  the  Kattegat  shall  be
prohibited.

Article  40

During  the  periods  and  within  the  areas  referred  to  in
Articles  37,  38  and  39  of  this  Regulation,  where  trawls
or  beam  trawls  may  not  be  used,  the  carrying  on  board
of  such  nets  shall  be  prohibited,  unless  they  are  lashed
and  stowed  in  accordance  with  the  provisions  laid  down
in  Article  20(1)  of  Regulation  (EEC)  No  2847/93.

2. However,  when  trawling  within  the  waters  and
during  the  period  referred  to  in  paragraph  1:

—  for  northern  shrimp  (Pandalus  borealis),  nets  with  a
minimum  mesh  size  of  30  millimetres  may  be  used,

Article  41

Notwithstanding  Article  31,  electric  current  or  harpoon
guns  may  be  used  to  catch  tuna  and  basking  shark
(Cetorhinus  maximus)  in  the  Skagerrak  and  Kattegat.

TITLE  VII

TECHNICAL  PROVISIONS

Article  42

Processing  operations

2. Paragraph  1  shall  not  apply  to  the  production  on
board  a  fishing  vessel  of  surimi  and  fish  pulp.

1. The  carrying  out  on  board  a  fishing  vessel  of  any
physical  or  chemical  processing  of  fish  to  produce
fish-meal,  fish-oil,  or  similar  products,  or  to  tranship
catches of fish for such purposes shall be prohibited. This
prohibition  shall  not  apply 
the  processing  or
transhipment  of  offal.

to 

Article  43

Scientific research

1. This  Regulation  shall  not  apply  to  fishing  operations
conducted 
scientific
investigations  which  are  carried  out  with  the  permission

the  purpose  of 

solely 

for 

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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.

2. Marine organisms caught for the purposes specified in
paragraph 1 may be sold, stored, displayed or offered for
sale,  provided  that:

—  they  meet  the  standards  laid  down  in  Annex  XII  to
this  Regulation  and  the  marketing  standards  adopted
pursuant  to  Article  2  of  Council  Regulation  (EEC)
No  3759/92  of  17  December  1992  on  the  common
organisation of the market in fishery and aquaculture
products (1),  or

—  they  are  sold  directly  for  purposes  other  than  human

consumption.

Article  44

Artificial  restocking  and  transplantation

1. This  Regulation  shall  not  apply  to  fishing  operations
conducted  solely  for  the  purpose  of  artificial  restocking
or transplantation of marine organisms which are carried
out  with  the  permission  and  under  the  authority  of  the
Member  State  or  Member  States  concerned.  Where  the
artificial  restocking  or  transplantation  is  carried  out  in
the  waters  of  another  Member  State  or  Member  States,
the  Commission  and  all  the  Member  States  concerned
shall  be  informed  in  advance.

2. Marine organisms caught for the purposes specified in
paragraph  1  of  this  Article,  and  subsequently  returned
alive to the sea, may be sold, stored, displayed or offered
for  sale,  provided  that  the  marketing  standards  adopted
pursuant  to  Article  2  of  Regulation  (EEC)  No  3759/92
are  complied  with.

TITLE  VIII

FINAL  PROVISIONS

Article  45

Article  46

the  conservation  of 

1. Where 
stocks  of  marine
organisms  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  procedure  referred  to  in  Article  48.

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,  a  Member  State  may 
take  appropriate
non-discriminatory  conservation  measures  in  respect  of
the  waters  under  its  jurisdiction.

an 

3. The  measures  referred  to  in  paragraph  2,  together
with 
be
explanatory  memorandum, 
communicated to the Commission and the other Member
States  as  soon  as  they  are  adopted.

shall 

Within  10  working  days  of  receipt  of  such  notification,
the  Commission  shall  confirm  such  measures,  or  require
their  cancellation  or  amendment.  The  Commission’s
decision  shall  be  immediately  notified  to  the  Member
States.

Member  States  may  refer  the  Commission’s  decision  to
the  Council  within  10  working  days  of  receiving  this
notification.

The Council, acting by a qualified majority, may adopt a
different  decision  within  one  month.

(1)  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).

1. Member  States  may 
conservation  and  management  of  stocks:

take  measures 

for 

the

(a)  in the case of strictly local stocks which are of interest
the  Member  State
fishermen  of 

the 

to 

solely 
concerned;  or

(b) in  the  form  of  conditions  or  detailed  arrangements
designed  to  limit  catches  by  technical  measures:

(i)  supplementing those laid down in the Community

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
Community law, and are in conformity with the common
fisheries 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 
the  said
from 
notification,  so  that  the  Commission  can  decide  within
that  period  whether  the  measures  in  question  comply
with  the  provisions  of  paragraph  1.

the  date  of 

27.4.98

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L  125/17

Where the Commission finds, by a decision which it shall
communicate  to  all  Member  States,  that  a  planned
measure  does  not  comply  with  the  provisions  of
paragraph 1, the Member State concerned may not bring
it  into  force  without  making  the  necessary  amendments
thereto.

The  Member  State  concerned  shall  immediately  inform
the  other  Member  States  and  the  Commission  of  the
measures  adopted,  having  made  any  amendments  which
may  be  necessary.

3. Member  States  shall  provide  the  Commission,  on
request,  with  all  particulars  necessary  to  assess  whether
their  national  technical  measures  comply  with  the
provisions  of  paragraph  1.

4. At the initiative of the Commission, or at the request
of any Member State, the question of whether a national
technical  measure  applied  by  a  Member  State  complies
with  paragraph  1  of  this  Article  may  be  the  subject  of  a
decision  taken  in  accordance  with  the  procedure  laid
down in Article 48. Should such a decision be taken, the
third  and  fourth  subparagraphs  of  paragraph  2  shall
apply.

5. Measures  relating  to  fishing  from  the  shore  shall  be
communicated  by  the  Member  State  concerned  to  the
Commission  for  information  purposes  only.

Article  47

1. At  the  latest  one  year  after  the  date  of  entry  into
force  of  this  Regulation,  the  Council  shall  decide,  on  the
basis  of  a  proposal  from  the  Commission,  on  the
establishment  of  rules 
the  use  of  mesh  size
for 
combinations  to  be  applied  on  the  date  of  application  of
this  Regulation.

The  Council  shall  decide  on  these  proposals  at  the  latest
one  year  after  the  date  of  submission.

Article  48

Detailed  rules  for  the  implementation  of  this  Regulation
shall  be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  18  of  Regulation  (EEC)  No  3760/92.
These  rules  may  include,  inter alia:

—  technical  rules 

for 

the  determination  of 

twine

thickness,

—  technical  rules  for  the  determination  of  mesh  size,

—  rules  for  sampling,

—  lists and technical descriptions of devices that may be

attached  to  nets,

—  technical  rules  for  measuring  engine  power,

—  technical  rules  relating  to  square-meshed  netting,

—  technical  rules  relating  to  netting  materials,

—  amendments  to  rules  for  the  use  of  mesh  size

combinations.

Article  49

The  following  Articles  of,  and  Annexes  to,  Regulation
(EC)  No  894/97  shall  be  repealed  as  from  1  January
2000:

—  Articles  1  to  10,

—  Articles  12  to  17,

—  Annexes  I  to  VII.

At  the  latest  three  years  after  the  date  of  application  of
this  Regulation,  the  Council  shall  decide,  on  the  basis  of
a  proposal  from  the  Commission,  on  revisions  and
amendments  to  the  conditions  laid  out  in  Annexes  I  to
XI,  to  be  applied  within  one  year  after  that  decision.

References  to  the  said  Regulation  shall  be  construed  as
references  to  this  Regulation  and  shall  be  read  in
accordance  with  the  correlation  table  set  out  in  Annex
XV.

2. During  the  years  1998,  1999  and  2000  the  Member
States  when  applying  for  funding  by  the  Commission  for
experimental  projects  shall  give  priority  to  experimental
projects 
the  utility  of
square-meshed  panels  or  other  devices  for  increasing  the
selectivity  of  towed  gears.  The  Commission,  in  assessing
experimental  projects  for  funding,  shall  give  priority  to
such  projects.

that  are  concerned  with 

The  scientific  names  of  marine  organisms  specifically
mentioned  in  this  Regulation  are  set  out  in  Annex  XIV.

Article  50

This Regulation shall enter into force on the seventh day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

The  Commission  shall  report,  and  at  the  same  time
submit appropriate proposals, on the findings of the said
experimental  projects  to  the  Council  at  the  latest  four
years  after  the  date  of  adoption  of  this  Regulation.

It shall apply from 1 January 2000, with the exception of
Article  32(3)  and  Article  47,  which  shall  apply  from  the
date  of  entry  into  force  of  this  Regulation.

L  125/18

EN

Official  Journal  of  the  European  Communities

27.4.98

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

Done  at  Brussels,  30  March  1998.

For  the  Council

The  President

Lord  SIMON  of  HIGHBURY

27.4.98

EN

Official  Journal  of  the  European  Communities

L  125/19

ANNEX  I

TOWED  GEARS:  Regions  1  and  2,  except  Skagerrak  and  Kattegat

Mesh  size  ranges,  target  species,  and  required  catch  percentages  applicable  to  the  use  of  a  single  mesh  size  range

Target species

Mesh  size  range  (millimetres)

, 16

16  to  31

32  to  54

55  to
69

70  to
79

80  to  99

$ 100

Minimum  percentage  of  target  species

90/60
(3)(5)

60

30

90/60
(4)

90

35

30

70 (6) None

95

×

Sand  eels  (Ammodytidae) (1)

Sand  eels  (Ammodytidae) (2)

Norway  pout  (Trisopterus  esmarkii)

Smelt  (Atherina  spp.  and  Osmerus  spp.)

Poor  cod  (Trisopterus  minutus)

Silvery  cod  (Gadus  argenteus)

Red  bandfish  (Cepolidae)

Sprat  (Sprattus  sprattus)

Eel  (Anguilla anguilla)

Anchovy (Engraulis  encrasicholus)

Blue  whiting  (Micromesistius  poutassou)

×

×

×

×

×

×

×

×

×

×

×

×

×

Argentines  (Argentinidae)

Sardine  (Sardina  pilchardus)

Shrimps/Common  prawns 
Palaemon  spp.)

(Pandalus  montagui,  Crangon 

spp.,

×

×

Mackerel  (Scomber  spp.)

Horse  mackerel  (Trachurus  spp.)

Herring  (Clupea  harengus)

Squids  (Loliginidae, Ommastrephidae)

Garfish  (Belone  spp.)

Bib  (Trisopterus  luscus)

Prawns  (Pandalus  spp.,  Parapenaeus  longirostris)

Conger  (Conger  conger)

Weevers  (Trachinidae)

Gurnards  (Triglidae)

Octopus  (Octopus  vulgaris)

Squat  lobsters  (Galatheidae)

Norway  lobster  (Nephrops  norvegicus)

Sole  (Solea vulgaris)

Plaice  (Pleuronectes  platessa)

Hake  (Merluccius  merluccius)

Megrim  (Lepidorhombus  spp.)

Whiting  (Merlangius merlangus)

Brill (Scophthalmus  rhombus)

[

[

[

[

[

[  y¨
[  y¨

y¨
[  y¨
[  y¨
[  y¨

[  y¨
[  y¨
[  y¨
[  y¨
[  y¨
[  y¨

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

L  125/20

EN

Official  Journal  of  the  European  Communities

27.4.98

Target species

Pollack  (Pollachius  pollachius)

Dab  (Limanda limanda)

Cuttlefish  (Sepia officinalis)

Sea  bass  (Dicentrarchus  labrax)

Flounder  (Platichthys  flesus)

Lemon  sole  (Microstomus  kitt)

Dogfish  (Scyliorhinidæ)

Witch  (Glyptocephalus  cynoglossus)

John  Dory  (Zeus  faber)

Queen  scallop  (Chlamys  opercularis)

Variegated  scallop  (Chlamys varia)

Red  mullets  (Mullidae)

Grey  mullets  (Mugilidae)

Grenadiers  (Nezumia  spp.,  Trachyrhynchus  spp.,
Malococephalus  spp.)

Hairtails  (Trichiuridae)

Anglers  (Lophiidae)

Skates  and  rays  (Rajidae)

Sea  breams  (Sparidae)

Turbot  (Psetta  maxima)

All  other  marine  organisms

[  y¨
[  y¨
[  y¨
[  y¨
[  y¨
[  y¨
[  y¨
[  y¨
[  y¨
[  y¨
[  y¨
[  y¨
[  y¨

[  y¨
[  y¨
[  y¨
[  y¨
[  y¨
[  y¨

Mesh  size  range  (millimetres)

, 16

16  to  31

32  to  54

55  to
69

70  to
79

80  to  99

$ 100

Minimum  percentage  of  target  species

95

90/60
(3)(5)

60

30

90/60
(4)

90

35

30

70 (6) None

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

(1)  In  areas  and  times  of  the  year  other  than  those  specified  in  footnote  2.
(2)  In  the  North  Sea,  from  1  November  to  the  last  day  of  February.
(3)  The  catch  retained  on  board  must  consist  of:

—  at  least  90 %  of  any  mixture  of  two  or  more  target  species,  or
—  at least 60 % of any one of the target species and no more than 5 % of any mixture of cod, haddock and saithe and no more than 15 % of any mixture of

the  species  marked  with  the  symbol  ‘[’.
(4)  The  catch  retained  on  board  must  consist  of:

—  at  least  90 %  of  any  mixture  of  two  or  more  target  species,  or
—  at least 60 % of any one of the target species and no more than 5 % of any mixture of cod, haddock and saithe and no more than 15 % of any mixture of

the  species  marked  with  the  symbol  ‘y¨’.

(5)  Provisions  regarding  limitations  on  catches  of  herring  which  may  be  retained  on  board  when  taken  with  nets  of  16  to  31  mm  mesh  size  are  stipulated  in
Community  legislation  fixing,  for  certain  fish  stocks  and  groups  of  fish  stocks,  total  allowable  catches  and  certain  conditions  under  which  they  may  be
fished.

(6)  During the first year following the date of application of this Regulation a minimum percentage of target species of 50 % shall pertain with respect to catches
taken  in  Region  2  with  the  exception  of  the  North  Sea,  ICES  Division  Vb,  sub-area  VI  north  of  latitude  56°  N  and  sub-area  XII  north  of  latitude  56°  N.

27.4.98

EN

Official  Journal  of  the  European  Communities

L  125/21

ANNEX  II

TOWED  GEAR:  Region  3,  except  ICES  Division  IXa  east  of  longitude  7°  239 480  W

Mesh  size  ranges,  target  species  and  required  catch  percentages  applicable  to  the  use  of  a  single  mesh  size  range

Target species

Mesh  size  range  (millimetres)

16  to  31

32  to  54

55  to  59

60  to  69 $ 70

Minimum  percentage  of  target  species

50 % 90 % 90 % 90 % 30 % 70 % 70 % None

Sand  eels  (Ammodytidae)
Norway  pout  (Trisopterus  esmarkii)
Sprat  (Sprattus  sprattus)
Eel  (Anguilla anguilla)
Anchovy (Engraulis  encrasicolus)
Smelt  (Atherina  spp.  and  Osmerus  spp.)
Poor  cod  (Trisopterus  minutus)
Silvery  cod  (Gadus  argenteus)
Red  bandfish  (Cepolidae)
Sardine  (Sardina  pilchardus)
Swimming  crab  (Polybius  henslowi)
Shrimps  (Pandalus  mantagui,  Crangon  spp.,  Palaemon  spp.)

Mackerel  (Scomber  spp.)
Horse  mackerel  (Trachurus  spp.)
Herring  (Clupea  harengus)
Blue  whiting  (Micromesistius  poutassou)
Argentines  (Argentinidae)
Squids  (Loliginidae, Ommastrephidae)
Garfish  (Belone  spp.)
Pouting  (Trisopterus  spp.)
Wedge  sole  (Dicologoglossa cuneata)
Prawns  (Pandalus  spp.)

Breams  (Bramidae, Berycidae)
Conger  (Conger  conger)
Sea  breams  (Sparidae  except  Spondyliosoma  cantharus)
Rockfish  (Scorpaenidae)
Sole  (Microchirus  azevia,  Microchirus  variegatus)
Forkbeard(Phycis  spp.)
Weevers  (Trachinidae)
Gurnards  (Triglidae)
Picarels  (Centracanthidae)
Octopus  (Octopus  vulgaris,  Eledone  cirrosa)
Wrasses  (Labridae)
Shrimps  (Aristeus  antennatus,  Aristaeomorpha  foliacea,
Parapenaeus  longirostris)

Cuttlefish  (Sepia officinalis)
Grenadiers  (Malacocephalus  spp.,  Nezumia  spp.,  Trachyrhynchus  spp.)
Dogfish  (Scyliorhinidae)
Common  mora  (Mora  moro)
Squat  lobsters  (Galatheidae)
John  Dory  (Zeus  faber)
Red  mullets  (Mullidae)

All  other  marine  organisms

×
×
×
×
×
×
×
×
×
×

×
×

×

×
×
×
×
×
×
×
×
×
×
×
×

×
×
×
×
×
×
×
×
×

×

×

×

×

×
×
×
×
×
×
×
×
×
×
×
×

×
×
×
×
×
×
×
×
×
×

×
×
×
×
×

×
×
×
×
×

s

×
×
×
×
×
×
×
×
×
×
×
×

×
×
×
×
×
×
×
×
×
×

×
×
×
×
×
×
×
×
×
×
×

×

×
×
×
×
×
×
×

×
×
×
×
×
×
×
×
×
×
×
×

×
×
×
×
×
×
×
×
×
×

×
×
×
×
×
×
×
×
×
×
×

×

×
×
×
×
×
×
×

×

L  125/22

EN

Official  Journal  of  the  European  Communities

27.4.98

ANNEX  III

TOWED  GEARS:  ICES  Division  IXa  east  of  longitude  7°  239 480  W

Mesh  size  ranges,  target  species  and  required  catch  percentages  applicable  to  the  use  of  a  single  mesh  size
range

Target species

Mesh  size  range  (millimetres)

40  to  54

$  55

Minimum  percentage  of  target  species

60 % (1)

None

Grey  mullets  (Mugilidae)

Sea  breams  (Sparidae)

Red  mullets  (Mullidae)

Gurnards  (Triglidae)

Weevers  (Trachinidae)

Wrasses  (Labridae)

Forkbeard  (Phycis  spp.)

Wedge  sole  (Dicologoglossa cuneata)

Spotted  flounder  (Citharus  linguatula)

Conger  (Conger  conger)

Mantis  shrimp  (Squilla  mantis)

Shrimps  (Parapenaeus  longirostris,  Pandalus  spp.)

Squids  (Ommastrephidae,  Loliginidae  Alloteuthis  spp.)

Octopus  (Octopus  vulgaris)

Cuttlefish  (Sepia  spp.)

Mackerel  (Scomber  spp.)

Horse  mackerel  (Trachurus  spp.)

Blue  whiting  (Micromesistius  poutassou)

Eel  (Anguilla anguilla)

Smelt  (Atherina  spp.,  Osmerus  spp.)

Garfish  (Belone  spp.)

All  other  marine  organisms

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

(1)  Quantities  of  any  mixture  of  the  other  species  mentioned  in  Annex  XII  retained  on  board  may  not  exceed  10 %  by

weight  of  the  total  catch  retained  on  board.

27.4.98

EN

Official  Journal  of  the  European  Communities

L  125/23

ANNEX  IV

TOWED  GEARS:  Skagerrak  and  Kattegat

Mesh  size  ranges,  target  species  and  required  catch  percentages  applicable  to  the  use  of  a  single  mesh  size
range

Mesh  size  range  (millimetres)

Species

,  16

16  to  31

32  to  69

70  to
89

$  90

Minimum  percentage  of  target  species

50  % 50  % 20  % 50  % 20  % 50  % 30  %

None

Sand  eels  (Ammodytidae) (3)

×

Sand  eels  (Ammodytidae)

Norway  pout  (Trisopterus  esmarkii) (3)

Blue  whiting  (Micromesistius
poutassou)

Greater  weever  (Trachinus  draco) (1)

Molluscs  (except  Sepia) (1)

Garfish  (Belone  belone) (1)

Gray  gurnard  (Eutrigla  gurnardus) (1)

Argentine  (Argentina  spp.)

Sprat  (Sprattus  sprattus)

Eel  (Anguilla anguilla)

Common shrimp/Baltic shrimp (Crangon
spp.,  Palaemon  adspersus) (2)

Mackerel  (Scomber  spp.)

Horse  mackerel  (Trachurus  spp.)

Herring  (Clupea  harengus)

Northern  shrimp  (Pandalus  borealis)

Common shrimp/Baltic shrimp (Crangon
spp.,  Palaemon  adspersus) (1)

Whiting  (Merlangius merlangus)

Norway  lobster  (Nephrops  norvegicus)

All  other  marine  organisms

×

×

×

×

×

×

×

×

×

×

×

×

x

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

x

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

(1)  Only  within  four  miles  from  the  baselines.
(2)  Outside  four  miles  from  the  baselines.
(3)  From  1  March  to  31  July  in  Kattegat.
(4)  In  Skagerrak,  from  1  November  to  the  last  day  of  February.  In  Kattegat,  from  1  August  to  the  last  day  of  February.

L  125/24

EN

Official  Journal  of  the  European  Communities

27.4.98

ANNEX  V

TOWED  GEARS:  Regions  4,  5  and  6

A.  Regions  4  and  5

Specie

Bogue  (Boops  boops)
Sardine  (Sardina  pilchardus)

Mackerel  (Scomber  spp.)
Horse  mackerel  (Trachurus  spp.)

All  other  marine  organisms

Mesh  size  range  (millimetres)

20  to  39

40  to  64

$  65

Minimum  percentage  of  target  species

50 %

80 %

None

*
*

*
*

*
*

*
*

*
*

*

B.  Region  6

Species

Mesh  size  range  (millimetres)

45  to  50

$  100

Minimum  percentage  of  target  species

30 %

None

Shrimps 
kroyeri)

(Penaeus 

subtilis,  Penaeus  brasiliensis,  Xiphopenaeus

All  other  marine  organisms

*

*

*

27.4.98

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L  125/25

ANNEX  VI

FIXED  GEARS:  Regions  1  and  2

Species 

Mesh

10  to  30
mm

50  to  70
mm

90  to  99
mm

100  to
119  mm

120  to
219  mm

$  220
mm

Sardine  (Sardina  pilchardus)

Eel  (Anguilla anguilla)

Sprat  (Sprattus  sprattus)

*

*

*

Horse  mackerel  (Trachurus  spp.)

Herring  (Clupea  harengus)

Mackerel  (Scomber  spp.)

Red  mullets  (Mullidae)

Garfish  (Belone  spp.)

Sea  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 officinalis)

Cod  (Gadus  morhua)

Pollack  (Pollachius  pollachius) (3)

Ling  (Molva  molva)

Saithe  (Pollachius  virens)

Hake  (Merluccius  merluccius) (3)

Picked  dogfish  (Squalus  acanthias)

Spotted  dogfish  (Scyliorhinus  spp.)

Megrim  (Lepidorhombus  spp.)

Lumpsucker  (Cyclopterus  lumpus)

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

All  other  marine  organisms

* (1)

(1)  Catches of anglerfish (Lophius spp.) taken from ICES sub-areas 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  VIIe  and  VIId,  with  effect  from  31  December  1999,  the  minimum  size  will  be  90  mm.
(3)  In  ICES  Divisions  VIIe  and  VIId,  with  effect  from  31  December  1999,  the  minimum  size  will  be  110  mm.

L  125/26

EN

Official  Journal  of  the  European  Communities

27.4.98

ANNEX  VII

FIXED  GEARS:  Region  3

Species 

Mesh  size ,  40  mm

40  to  49
mm

50  to  59
mm

60  to  79
mm

80  to  99
mm

$  100
mm

Sardine  (Sardina  pilchardus)

Shrimps  (Palaemon  spp.)

Rainbow  wrasse  (Coris  julis)

Bogue  (Boops  boops)

×

×

×

×

Shrimps  (Penaeus  spp.)

Mantis  shrimps  (Squilla  mantis)

Red  mullets  (Mullidae)

Wedge  sole  (Dicologoglossa cuneata)

Wrasses  (Labridae)

Horse  mackerel  (Trachurus  spp.)

Mackerel  (Scomber  spp.)

Bib  (Trisopterus  luscus)

Cuttlefish  (Sepia officinalis)

Gurnards  (Triglidae)

Sea  breams  (Sparidae)

Rockfish  (Scorpaenidae)

Eyed  sole  (Microchirus  acevia)

Shortfinned  squids  (Ommatostrephidae)

Conger  (Conger  conger)

Forkbeard  (Phycis  spp.)

Brill (Scophtalmus  rhombus)

Weevers  (Trachinidae)

Picarels  (Centracanthidae)

Sea  bass  (Dicentrarchus  labrax)

Whiting  (Merlangius merlangus)

Turbot  (Psetta  maxima)

Pollack  (Pollachius  pollachius)

Flounders  (Pleuronectidae)

Sole  (Solea vulgaris) (1)

Hake  (Merluccius  merluccius) (1)

All  other  marine  organisms (2)

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

×

(1)  In ICES Divisions VIIIc and IX the minimum mesh size will be 60 mm. However, with effect from 31 December 1999,

the  minimum  mesh  size  will  be  80  to  90  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  minimum  mesh  size  of  220 mm  or  greater.

27.4.98

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L  125/27

Permitted  combinations  of  mesh  size  ranges  for  Regions  1  and  2,  except  Skagerrak  and  Kattegat

ANNEX  VIII

Millimetres

,  16  +  16  to  31

16  to  31  +  32  to  54

16  to  31  +  70  to  79

16  to  31  +  80  to  99

16  to  31  +  $  100

32  to  54  +  70  to  79

32  to  54  +  80  to  99

32  to  54  +  $  100

70  to  79  +  80  to  99

70  to  79  +  $  100

80  to  99  +  $  100

ANNEX  IX

Permitted  combinations  of  mesh  size  ranges  for  Region  3,  except  ICES  Division  IXa  east  of  longitude
7° 239 480 W

Millimetres

16  to  31  +  32  to  54

16  to  31  +  $  70

32  to  54  +  $  70

55  to  59  +  $  70

70  to  79  +  $  70

ANNEX  X

Conditions  for  use  of  combinations  of  mesh  size  in  Regions  1  and  2,  except  Skagerrak  and  Kattegat

For  the  record.

ANNEX  XI

Conditions  for  use  of  combinations  of  mesh  size  in  Region  3,  except  ICES  Division  IXa  east  of  longitude
7° 239 480 W

For  the  record.

L  125/28

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Official  Journal  of  the  European  Communities

27.4.98

ANNEX  XII

MINIMUM  SIZES

Species

Minimum  size

Regions  1  to  5,  except
Skagerrak/Kattegat

Skagerrak/Kattegat

Cod  (Gadus  morhua)

Haddock  (Melanogrammus  aeglefinus)

Saithe  (Pollachius  virens)

Pollack  (Pollachius  pollachius)

Hake  (Merluccius  merluccius)

Megrim  (Lepidorhombus  spp.)

Sole  (Solea  spp.)

Plaice  (Pleuronectes  platessa)

Whiting  (Merlangius merlangus)

Ling  (Molva  molva)

Blue  ling  (Molva  dipterygia)

Bass  (Dicentrarchus  labrax)

Norway  lobster  (Nephrops  norvegicus) (1)
Norway  lobster  tails

Mackerel  (Scomber  scombrus)

Herring  (Clupea  harengus)

Horse  mackerel  (Trachurus  trachurus)

Sardine  (Sardina  pilchardus)

35  cm

30  cm

35  cm

30  cm

27  cm

20  cm

24  cm

22  cm

27  cm

63  cm

70  cm

36  cm

20  cm

15  cm

11  cm

30  cm

27  cm

30  cm

—

30  cm

25  cm

24  cm

27  cm

23  cm

—

—

—

130  (40)  mm (1)

20  cm (2)

18  cm

15  cm

—

Lobster  (Homarus  gammarus)

85  mm (3)

220  (78)  mm (1)

Spinous  spider  crab  (Maia  squinado)

120  mm

Queen  scallop  (Chlamys  spp.)

Grooved  carpetshell  (Ruditapes  decussatus)

Carpetshell  (Venerupis  pullastra)

Short-necked  clam  (Ruditapes  philippinarum)

Clam  (Venus  verrucosa)

Hard  clam  (Callista  chione)

Razor  clam  (Ensis  spp.,  Pharus  legumen)

Surf  clams  (Spisula  solidissima)

Donax  clams  (Donax  spp.)

40  mm

40  mm

40  mm

40  mm

40  mm

5  cm

10  cm

25  mm

25  mm

—

—

—

—

—

—

27.4.98

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L  125/29

Species

Minimum  size

Regions  1  to  5,  except
Skagerrak/Kattegat

Skagerrak/Kattegat

Whelk  (Buccinum  undatum)

45  mm

—

Octopus  (Octopus  vulgaris)

Swordfish  (Xiphias gladius) (4)

Bluefin  tuna  (Thunnus  thynnus) (5)

Crawfish  (Palinurus  spp.)

750  grammes

25  kg  or  125  cm
(lower  mandible)

6,4  kg

110  mm

Species

Minimum  Size;  Regions  1  to  5,  except  Skagerrak/Kattegat

Norway  lobster  (Nephrops  norvegicus)

Norway  lobster  tails

Whole  area,  except  Region  3  and  ICES  VIa,  VIIa:
total  length  85 mm,  carapace  length  25 mm

ICES  VIa,  VIIa;  Region  3:  total  length  70 mm,
carapace  length  20 mm

Whole  area,  except  Region  3  and  ICES  VIa,  VIIa:
46 mm

ICES  VIa,  VIIa;  Regione  3:  37 mm

Mackerel  (Scomber  scombrus)

Whole  area,  except  North  Sea:  20 cm

Anchovy (Engraulis  encrasicolus)

North  Sea:  30 cm

Whole  area,  except  ICES  IXa  east  of  longitude
7° 239 480  W:  12 cm

ICES  IXa  east  of  longitude  7° 239 480 W:  10 cm

Edible  crab  (Cancer  pagarus)

Regions  1  and  2  north  of  56° N:  140 mm

Scallop (Pecten  maximus)

Region  2  south  of  56° N,  except  ICES  Divisions
VIId,  e,  f,  and  ICES  Divisions  IVb,  c:  130 mm

ICES  Divisions  IVb,  c  south  of  56° N:  115 mm

ICES  Divisions  VIId,  e,  f:  140 mm

Region  3:  130 mm

Whole  area,  except  ICES  VIIa  north  of  52° 309 N
VIId:  100 mm

ICES  VIIa  north  of  52° 309 N,  VIIId:  110 mm

(1)  Total  length  (carapace  length).
(2)  30 cm  for  industrial  purposes  only.
(3)  With  effect  from  1  January  2002  a  carapace  length  of  87 mm  shall  apply.
(4)  It  is  prohibited  to  land  more  than  15 %,  in  number,  of  swordfish  below  25 kg,  or  125 cm.
(5)  It is prohibited to land more than 15 %, in number, of bluefin tuna below 6,4 kg or 70 cm. In addition, it is prohibited

to  land  any  individual  bluefin  tuna  below  1,8 kg.

L  125/30

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Official  Journal  of  the  European  Communities

27.4.98

ANNEX  XIII

MEASUREMENT  OF  THE  SIZE  OF  A  MARINE  ORGANISM

1.  The size of any fish shall be measured, as shown in Figure 1, from the tip of the snout to the end of the

tail fin.

2.  The  size  of  a  Norway  lobster  shall  be  measured  as  shown  in  Figure  2:

—  as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal

edge  of  the  carapace,  and/or,

—  as the total length, from the tip of the rostrum to the rear end of the telson, not including the setae,

and/or,

—  in the case of detached Norway lobster tails: from the front edge of the first tail segment present to
the rear end of the telson, not including the setae. The tail shall be measured flat, unstretched and on
the  dorsal  side.

3.  The  size  of  a  lobster  or  crawfish  from  Regions  1  to  5  except  Skagerrak/Kattegat  shall  be  measured  as
shown  in  Figure  3,  as  the  length  of  the  carapace,  parallel  to  the  midline,  from  the  back  of  either  eye
socket  to  the  distal  edge  of  the  carapace.

4.  The  size  of  a  lobster  from  Skagerrak  or  Kattegat  shall  be  measured  as  shown  in  Figure  3:

—  as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal

edge  of  the  carapace,  and/or,

—  as  the  total  length,  from  the  tip  of  the  rostrum  to  the  rear  end  of  the  telson,  not  including  the

setae.

5.  The  size  of  a  spinous  spider  crab  or  an  edible  crab  shall  be  measured  as  shown  in  Figures  4A  and  4B
respectively,  as  the  minimum  width  of  the  carapace  measured  perpendicular  to  the  antero-posterior
midline  of  the  carapace.

6.  The  size  of  any  bivalve  mollusc  shall  be  measured  as  shown  in  Figure  5,  across  the  longest  part  of  the

shell.

7.  The  size  of  a  whelk  shall  be  measured  as  shown  in  Figure  6  as  the  length  of  the  shell.

27.4.98

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L  125/31

Figure  1

Figure  2

Figure  3

a)

b)

a)

b)

(Nephrops)
Norway Lobster

(Homarus)
Lobster

(a)  Carapace  length
(b) Overall length

L  125/32

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Official  Journal  of  the  European  Communities

27.4.98

Figure  4A

Figure  4B

Figure  5

Figure  6

27.4.98

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L  125/33

ANNEX  XIV

VERNACULAR  AND  SCIENTIFIC  NAMES

VERNACULAR  NAME

SCIENTIFIC  NAME

Aesop  shrimp
Anchovy
Anglers
Argentines

Baltic  shrimp
Bib
Bigeye  tuna
Bivalve molluscs
Blue  and  red  shrimp
Blue  ling
Blue  whiting
Bluefin  tuna
Bogue
Breams
Brill

Carpetshell
Clam  (=  warty  venus)
Cod
Common  mora
Common  prawn
Common  shrimp
Conger
Crawfish
Cuttlefish

Dap
Deeptwater  rose  shrimp
Dogfish,  spotted  dogfish
Donax  clams

Edible  crab
Eel
Eyed  sole

Flounder
Flounders
Forkbeard

Garfish
Gastropod  molluscs
Giant  red  shrimp
Grenadiers
Grey  mullets
Grey  gurnard
Grooved  carpetshell
Gurnards
Haddock
Hagfish
Hairtails
Hake
Hard  clam
Herring
Horse  mackerel

Pandalus montagui
Engraulis encrasicolus
Lophiidae
Argentinidae

Palaemon  adspersus
Trisopterus  luscus
Thunnus  obesus
Bivalvia
Aristeus  antennatus
Molva dipterygia
Micromesistius  poutassou
Thunnus  thynnus
Boops  boops
Bramidae, Berycidae
Scophthalmus  rhombus

Venerupis  pullastra
Venus  verrucosa
Gadus  morhua
Mora  moro
Pandalus  spp.
Crangon  spp.
Conger  conger
Palinurus  spp.
Sepia  officinalis,  Sepia  spp.

Limanda limanda
Parapenaeus longirostris
Scyliorhinidae
Donax  spp.

Cancer  pagurus
Anguilla anguilla
Microchirus  ocellatus

Platichthys  flesus
Pleuronectidae
Phycis  spp.

Belone  spp.
Gastropoda
Aristaeomorpha foliacea
Malacocephalus spp.,  Nezumia  spp.,  Trachyrhynchus  spp.
Mugilidae
Eutrigla gurnardus
Ruditapes  decussatus
Triglidae
Melanogrammus aeglefinus
Myxinidae
Trichiuridae
Merluccius merluccius
Mercenaria mercenaria
Clupea  harengus
Trachurus  spp.

John  Dory

Zeus  faber

Lampreys
Lemon  sole
Ling
Lobster
Lumpsucker,  Lumpfish

Petromyzonidae
Microstomus  kitt
Molva molva
Homarus  gammarus
Cyclopterus  lumpus

L  125/34

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Official  Journal  of  the  European  Communities

27.4.98

VERNACULAR  NAME

SCIENTIFIC  NAME

Mackerel
Mantis  shrimp
Megrim

Northern  shrimp
Norway  lobster
Norway  pout
Octopus

Picarels
Picked  dogfish,  Spurdog
Pilchard  (=  sardine)
Plaice
Pollack
Poor  cod
Pouting
Prawn

Queen scallop

Rainbow  wrasse
Razor  clam
Redband  fish
Red  mullets
Rockfish

Saithe
Salmon
Salmonids
Sand  eels
Sardine  (=  pilchard)
Scallop
Sea  bass
Sea  breams
Sea  trout
Shortnecked  clam
Shrimp
Silvery cod
Skates  and  rays
Skipjack  tuna
Smelt
Sole
Spinous  spider  crab
Spotted  flounder
Sprat
Squat  lobsters
Squids
Surf  clam
Swimming crab
Swordfish

Thickback  sole
Tuna
Turbot

Scomber  spp.,  Scomber  scombrus
Squilla mantis
Lepidorhombus  spp.

Pandalus borealis
Nephrops  norvegicus
Trisopterus  esmarkii
Octopus  vulgaris,  Eledone  cirrosa

Centracanthidae
Squalus  acanthias  spp.
Sardina pilchardus
Pleuronectes platessa
Pollachius pollachius
Trisopterus  minutus
Trisopterus  luscus
Palaemon  spp.

Chlamys opercularis

Coris  juris
Ensis  spp.,  Pharus  legumen
Cepolidae
Mullidae
Scorpaenidae

Pollachius virens
Salmo salar
Salmonidae
Ammodytidae
Sardina pilchardus
Pecten  maximus
Dicentrarchus labrax
Sparidae
Salmo  trutta
Ruditapes  philipinarum
Penaeus  spp.
Gadus  argenteus
Rajidae
Katsuwonus  pelamis
Atherina  spp.,  Osmerus  spp.
Solea solea/vulgaris
Maja  squinado
Citharus linguatula
Sprattus  sprattus
Galatheidae
Loliginidae,  Ommastrephidae,  Alloteuthis  spp.
Spisula solidissima
Polybius  henslowi
Xiphias gladius

Microchirus variegatus
Auxis  spp.,  Euthynnus  spp.,  Katsuwonus  spp.,  Thunnus  spp.
Psetta maxima

Variegated scallop

Chlamys varia

Warty  venus  (=  clam)
Wedge  sole
Weevers
Whelk
Whiting
Witch
Wrasses

Venus  verrucosa
Dicologoglossa cuneata
Trachinidae
Buccinum  undatum
Merlangius merlangus
Glyptocephalus cynoglossus
Laridae

Yellowfin  tuna

Thunnus albacares

27.4.98

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ANNEX  XV

CORRELATION  TABLE

Regulation  (EC)  No  894/97

Present  Regulation

Article  1

Article  2(1)

Article  2(2)

Article  2(3)

Article  2(4)

Article  2(5)

Article  1  and  2

Article  4

Article  10

Article  5

Article  14  and  15

—

Article  2(6),  first  subparagraph

Article  5(1)  and  Article  12(1)

Article  2(6),  second  subparagraph

Article  5(6)

Article  2(7)

Article  2(8)

Article  2(9),  first  subparagraph

Article  2(9),  second  subparagraph

Article  2(9),  third  subparagraph

—

—

Article  6

Article  7

Article  3(d)

Article  2(10),  first  subparagraph  (a),  (b)  and  (c)

Article  11(1)

Article  2(10),  first  subparagraph  (d)

Article  3(g)  and  (h)

Article  2(10),  first  subparagraph  (e)

Article  2(10),  second  subparagraph

Article  3

Article  4

Article  5(1)

Article  5(2)

Article  5(3),  first  subparagraph

Article  5(3),  second  subparagraph  (a)

Article  5(3),  second  subparagraph  (b),  first  and
second  indents

Article  13

Article  48

Article  48

Article  16

Article  17  and  Article  18(2)

Annex  XIII

Article  19(1)

Article  19(2)(b)

Article  19(2)(a)

Article  5(3),  second  subparagraph  (b),  third  indent

Article  35

Article  5(3),  second  subparagraph  (c)

Article  19(3)

Article  5(3),  third  subparagraph

Article  19(2)(a),  third  sentence

Article  5(4)

Article  5(5)

Article  6(1)

Article  6(2)

Article  7

Article  8(1)

Article  8(2)

Article  9

Article  18(3)  and  (4)

—

Article  26

Article  36

Article  20

—

Article  21

Article  22

L  125/36

EN

Official  Journal  of  the  European  Communities

27.4.98

Regulation  (EC)  No  894/97

Present  Regulation

Article  10(1)
Article  10(2)(a)
Article  10(2)(b)
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),  first  subparagraph
Article  10(12),  second  subparagraph
Article  10(13)
Article  10(14)
Article  10(15)
Article  10(16)
Article  10(17)
Article  10(18)
Article  10(19)

—
Article  30(1)
Article  39
Article  29
Article  34(1),  (2)  and  (3)
Article  34(4)
Article  29(6)  and  Article  34(5)
—
—
Article  37
Article  23
Article  28(2),  Article  29(5),  Article  30(2),  second
subparagraph,  Article  30(3),  Article  34(5),  and
Article  40
Article  31
Article  41
—
Article  30(1),  last  sentence
Article  28(1)
Article  32
Article  33
Article  38
Article  24(1)

Article  11

Article  12

Article  13

Article  14

Article  15

Article  16

Article  17

Article  18

Article  19

Article  20

Annex  I

Annex  II

Annex  III

Annex  IV

Annex  V

Annex  VI

Annex  VII

—

Article  24(2)

Article  42

Article  43

Article  44

Article  45

Article  46

Article  48

Article  49

Article  50

Annexes  I,  II,  III,  IV  and  V

Annex  XII

Annex  XII

Annex  XIII

Annex  VI

Annex  VII

Annex  XV