Council Regulation (EC) No 1459/1999 of 24 June 1999 amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms
Date: 1999-06-24
Institutions: Council of the European Union
Subjects: conservation of fish stocks, fishery resources, fishing area, fishing regulations, protection of animal life

3. 7. 1999

EN

Official Journal of the European Communities

L 168/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1459/1999

of 24 June 1999

amending Regulation (EC) No 850/98 for the conservation of fishery resources
through technical measures for the protection of juveniles of marine organisms

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (1),

Article 1

Having regard to the opinion of the European Parlia-
ment (2),

Regulation (EC) No 850/98 is hereby amended as follows:

(1) Article 4 shall be replaced by the following:

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

‘Article 4

Whereas:

(1)

(2)

(3)

(4)

through technical measures

Article 47(1) of Council Regulation (EC) No 850/98
fishery
30 March 1998 for the conservation of
the
resources
juveniles of marine organisms (4)
protection of
states that at the latest one year after the date of
entry into force of that Regulation, the Council is
to decide, on the basis of a proposal from the
Commission, on the establishment of rules for the
use of mesh size combinations to be applied on the
date of application of that Regulation;

for

to ensure effective control, monitoring and enforce-
ment of these rules for the use of mesh size com-
binations and of fishing voyages that cover more
than one region or geographical area, mandatory
use of the logbook should be extended to include
fishing vessels that have hitherto been exempt from
this obligation;

therefore, Articles 4 and 15 of Regulation (EC) No
850/98 should be revised;

Regulation (EC) No 850/98 should be amended
accordingly,

(1) OJ C 11, 15.1.1999, p. 9.
(2) OJ C 177, 22.6.1999.
(3) OJ C 138, 18.5.1999, p. 23.
(4) OJ L 125, 27.4.1998, p. 1.

For each of the regions or geographical areas
1.
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. (a) The use, during any fishing voyage, of any
combination of towed nets of more than one
range of mesh size shall be prohibited,

 within the totality of Regions l and 2 except
Skagerrak and Kattegat,
and depending
where applicable on the time period, unless
the mesh sizes of such nets used are in
compliance with no more than one of the
permitted combinations of mesh size ranges
laid down in Annex VIII, and

 within Region 3 except ICES Division IXa
east of longitude 7° 23(cid:1) 48(cid:2) W unless the
mesh sizes of such nets used are in compli-
ance with no more than one of
the
permitted combinations of mesh size ranges
laid down in Annex IX.

(b) Within each of

the regions or geographical
areas mentioned in Annexes III, IV, and V, and
depending, where applicable, on the time
period, the use, during any fishing voyage, of
any combination of towed nets of the mesh size
ranges specified in the relevant Annex shall be
allowed.

L 168/2

EN

Official Journal of the European Communities

3. 7. 1999

(c) Masters of

fishing vessels who during any
fishing voyage do not complete a logbook in
accordance with the provisions of Article 6 of
Regulation (EEC) No 2847/93 shall not use
during that voyage any combination of towed
nets of more than one range of mesh size
within Community fishing waters. This require-
ment shall not apply to fishing voyages within
Community fishing waters in Regions 4, 5 and
6.

(d) Vessels may carry on board during any fishing
voyage any combination of towed nets of mesh
size ranges which do not comply with the
conditions laid down in subparagraphs (a) or (b),
provided that all such nets are lashed and
stowed in accordance with the provisions of
Article 20(1) of Regulation (EEC) No 2847/93.
Any towed net which is not lashed and stowed
in accordance with the aforementioned provi-
sions shall be considered to be in use.

(e) Whenever more than one net is towed simulta-
neously by a fishing vessel or by more than one
fishing vessel, each net shall be of the same
mesh size range.

(f) The use of any towed net of mesh size:

 less than 16 mm shall be prohibited in
Region 3 except ICES Division IXa east of
longitude 7° 23(cid:1) 48(cid:2) W,

 less than 40 mm shall be prohibited in ICES
Division IXa east of longitude 7° 23(cid:1) 48(cid:2) W,

 less than 20 mm shall be prohibited in

Regions 4 and 5,

 less than 45 mm shall be prohibited in

Region 6.

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, during any
fishing voyage, fish in more than one of the regions or
geographical areas mentioned in Annexes I to V. This
requirement shall not apply to vessels which, during
any fishing voyage, use only towed nets of mesh size
equal to or greater than 100 mm.

4.

(a) For each fishing voyage during which any
combination of towed nets of more than one
range of mesh size is used, landings shall be
prohibited whenever:

(i) the catches are taken in Regions 1 or 2
except for the Skagerrak and Kattegat and
any one of the nets used is of mesh size
equal to or greater than 100 mm , unless
the percentage composition of the catches
retained on board is in compliance with the
relevant conditions laid down in Annex
X(A); or

(ii) the catches are taken in the Skagerrak and
Kattegat and any one of the nets used is of
mesh size equal to or greater than 90 mm,
unless the percentage composition of the
catches retained on board is in compliance
with the relevant conditions laid down in
Annex X(B); or

(iii) the catches are taken in Region 3 except for
ICES Division IXa east of 7° 23(cid:1) 48(cid:2) W
and any one of the nets used is of mesh size
equal to or greater than 70 mm, unless the
percentage composition of
the catches
retained on board is in compliance with the
relevant conditions laid down in Annex
XI(A); or

(iv) the catches are taken in ICES Division IXa
east of 7° 23(cid:1) 48(cid:2) W and any one of the
nets used is of mesh size equal to or greater
unless
than
percentage
55 mm,
composition of
the catches retained on
board is in compliance with the relevant
conditions laid down in Annex XI(B);

the

(b) Otherwise,

the percentage

composition of
catches taken by each range of mesh size used,
within each of the areas mentioned in Annexes
I to V, and retained on board shall be in accord-
ance with the corresponding conditions laid
down in the relevant Annex.

5.

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

(b) However, detailed rules

for obtaining the
percentage of target species and of other species
retained on board when these have been taken
by a net or nets towed simultaneously by more
than one fishing vessel, shall be drawn up in
accordance with the procedure laid down in
Article 48.

6.
Before 31 May 2001, Member States will report to
the Commission on the application of the conditions
laid down in this Article, Article 15 and relevant
Annexes. On the basis of these reports, the Commis-
sion shall submit appropriate proposals. The Council
shall decide, on the basis of any such proposal, before
31 October 2001.'

(2) Article 15 shall be replaced by the following text:

‘Article 15

1. Quantities of marine organisms caught in excess
of permitted percentages specified in Annexes I to
VII, X and XI may not be landed but shall be returned
to the sea prior to each landing.

3. 7. 1999

EN

Official Journal of the European Communities

L 168/3

At all times during a fishing voyage, and following sorting of the catch, the percentage
2.
of target species as defined in Annexes I to VIl retained on board shall be at least half of the
minimum percentages of the target species referred to in the said Annexes.

3. Masters of fishing vessels who are required to complete a logbook shall ensure that 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 each completion of the
logbook, in accordance with conditions laid out in Article 6 of Regulation (EEC) No 2847/93.

4. Whenever, during a fishing voyage, a vessel newly enters any of the regions or geograph-
ical areas mentioned in Annexes I to V, the minimum percentage of target species, as set out
in Annexes I to VII, X and XI, caught and retained on board from the region or geographical
area previously fished during this voyage shall be met within two hours.'

(3) Annex X shall be replaced by the following:

‘ANNEX X

A. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN REGIONS 1 AND

2, EXCEPT SKAGERRAK AND KATTEGAT

1. Mesh size combination: 16 to 31 mm +(cid:3) = 100 mm

The catch retained on board or landed shall consist of at least 50 % of any mixture of
shrimps and common prawns (Pandalus montagui, Crangon spp. and Palaemon spp.).

2. Mesh size combination: 32 to 54 mm +(cid:3) = 100 mm

The catch retained on board or landed shall consist of at least 20 % of any mixture of
shrimps and prawns (Crangon spp., Pandalus spp., Palaemon spp., Parapenaeus longir-
ostris);

or

the catch retained on board or landed shall consist of at least 50 % of any mixture of
those marine organisms indicated in Annex I as the target species for mesh sizes between
32 and 54 mm, with the exception of shrimps and prawns (Crangon spp., Pandalus spp.,
Palaemon spp., Parapenaeus longirostris) and of no more than 15 % of any mixture of
the species marked in Annex I with the symbol “y”.

3. Mesh size combination: 70 to 79 mm +(cid:3) = 100 mm

The catch retained on board or landed shall consist of at least 10 % of any mixture of
those marine organisms indicated in Annex I as the target species for mesh sizes between
70 and 79 mm.

4. Mesh size combination: 80 to 99 mm +(cid:3) = 100 mm

The catch retained on board or landed shall consist of at least 50 % of any mixture of
those marine organisms indicated in Annex I as the target species for mesh sizes between
80 and 99 mm.

B. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN SKAGERRAK AND

KATTEGAT

Mesh size combination (cid:4)= 89 mm +(cid:3) = 90 mm

The catch retained on board or landed shall consist of at least 10 % of any mixture of those
marine organisms indicated in Annex IV as the target species for mesh sizes between 70
and 89 mm.'

L 168/4

EN

Official Journal of the European Communities

3. 7. 1999

4. Annex XI shall be replaced by the following:

‘ANNEX XI

A. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN REGION 3,

EXCEPT ICES DIVISION IXa EAST OF LONGITUDE 7° 23(cid:1) 48(cid:2) W

1. Mesh size combination: 16 to 31 mm +(cid:3) = 70 mm

The catch retained on board or landed shall consist of at least 40 % of any mixture of
shrimps (Pandalus montagui, Crangon spp. and Palaemon spp.) and swimming crab;

or

The catch retained on board or landed shall consist of at least 70 % of any mixture of
those marine organisms indicated in Annex II as the target species for mesh sizes
between 16 and 31 mm, with the exception of shrimps (Pandalus montagui, Crangon
spp. and Palaemon spp.) and swimming crab.

2. Mesh size combination: 32 to 54 mm +(cid:3) = 70 mm

The catch retained on board or landed shall consist of at least 70 % of any mixture of
those marine organisms indicated in Annex II as the target species for mesh sizes
between 32 and 54 mm, with the exception of shrimps and prawns (Pandalus spp.,
Crangon spp. and Palaermon spp.).

3. Mesh size combination: 55-59 mm +(cid:3) = 70 mm

The catch retained on board or landed shall consist of at least 20 % of any mixture of
shrimps and prawns (Pandalus spp., Crangon spp., Palaemon spp., Aristeus antennatus,
Aristaeomorpha foliacea, Parapenaeus longirostris);

or

The catch retained on board or landed shall consist of at least 60 % of any mixture of
those marine organisms indicated in Annex II as the target species for mesh sizes
between 55 and 59 mm , with the exception of shrimps and prawns (Pandalus spp.,
Crangon spp., Palaemon spp., Aristeus antennatus, Aristaeomorpha foliacea, Parape-
naeus longirostris).

4. Mesh size combination: 60 to 69 mm +(cid:3) = 70 mm

The catch retained on board or landed shall consist of at least 60 % of any mixture of
those marine organisms indicated in Annex II as the target species for mesh sizes
between 60 and 69 mm.

B. CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN ICES DIVISION

IXa EAST OF LONGITUDE 7° 23(cid:1) 48(cid:2) W

Mesh size combination 40-54mm +(cid:3) = 55 mm

The catch retained on board or landed shall consist of at least 50 % of any mixture of those
marine organisms indicated in Annex III as the target species for mesh sizes between 40
and 54 mm.'

Article 2

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

It shall apply from 1 January 2000.

3. 7. 1999

EN

Official Journal of the European Communities

L 168/5

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

Done at Luxembourg, 24 June 1999.

For the Council

The President

J. TRITTIN