Commission Regulation (EC) No 129/2003 of 24 January 2003 laying down detailed rules for determining the mesh size and thickness of twine of fishing nets
Date: 2003-01-24
Institutions: European Commission
Subjects: European standard, fishing net, fishing regulations

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COMMISSION REGULATION (EC) No 129/2003

of 24 January 2003

laying down detailed rules for determining the mesh size and thickness of twine of fishing nets

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Having regard to 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 (1), as last amended by Regulation (EC) No 973/
2001 (2), and in particular Article 48 thereof,

Whereas:

(1)

(2)

(3)

(4)

Regulation (EEC) No 2108/84 of 23 July 1984 laying
down detailed rules for determining the mesh size of
fishing nets (3), as amended by Regulation (EC) No 2550/
97, has been substantially amended and since further
amendments are to be made, it should be replaced by
this Regulation in the interests of clarity and rationalisa-
tion.

In order to ensure compliance with technical measures
for the conservation of fishery resources, it is necessary
to lay down detailed rules for determining the mesh size
and the thickness of twine of fishing nets.

For the purpose of the control procedure it is necessary
to specify the types of gauge to be used how they are to
be used, how the meshes to be measured are to be
chosen, the method by which each of them is to be
measured, how the mesh size of the net is to be calcu-
lated, the procedure for the selection of twines of meshes
for the assessment of thickness of twine, and to describe
the sequence of the inspection procedure.

It is necessary to lay down the conditions whereby the
control procedure determines that the thickness of twine
the maximum thickness
of
permitted.

fishing nets

exceeds

(5) Where the master of a vessel disputes the result of a
measurement in the course of an inspection, provision
should be made for a further and final measurement.

CHAPTER I

GENERAL PROVISIONS

Article 1

Definitions

For the purpose of this Regulation, the following definitions
shall apply:

(a) ‘active gear’: trawls, Danish seines and similar towed nets;

(b) ‘passive gear’: gill nets, entangling nets, trammel nets, which
may consist of one or more separate nets which are rigged
with top, bottom and connecting ropes, and may be
equipped with anchoring floating and navigational gear.

CHAPTER II

MESH SIZE OF ACTIVE GEAR

Article 2

Gauge for determining mesh sizes

1.
Gauges to be used for determining mesh sizes shall be
2 mm thick, flat, of durable material and capable of retaining
their shape. They shall have either a series of parallel-edged
sides connected by intermediate tapering edges with a taper of
one to eight on each side, or only tapering edges with the taper
of one to eight on each side. They shall have a hole at the
narrowest extremity.

2.
The gauges shall be marked ‘EC gauge’. Each gauge shall
be inscribed on its face with the width in millimetres both on
the parallel-side section, if any, and on the tapering section. In
the case of the latter the width shall be inscribed at every
1 mm interval and the indication of the width shall appear at
regular intervals. A model of the gauges is shown in Annex I.

Article 3

Use of the gauge in diamond mesh

In the case of diamond mesh panels, the net shall be
1.
stretched in the direction of the long diagonal of the meshes as
shown in Annex II.

(6)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fisheries Resources and Aquaculture,

A gauge as described in Article 2 shall be inserted by its
2.
narrowest extremity into the mesh opening in a direction
perpendicular to the plane of the net.

(1) OJ L 125, 27.4.1998, p. 1.
(2) OJ L 137, 19.5.2001, p. 1.
(3) OJ L 194, 24.7.1984, p. 22.

3.
The gauge shall be inserted into the mesh opening using
either manual force or using a weight or dynamometer, until it
is stopped at the tapering edges by the resistance of the mesh.

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Article 4

Use of the gauge in square meshes

In the case of square mesh panels,

1.
the net shall be
stretched first in one diagonal direction and then in the other
diagonal direction of the meshes as shown in Annex II.

2.
The procedure laid down in Article 3(2) and (3) shall
apply to the measurement of each diagonal direction of the
square mesh.

The mesh size of the net shall then be determined in accor-
dance with Article 7.

2.
If the calculation of the mesh size shows that the mesh
size does not appear to comply with the rules in force, then
two additional series of 20 meshes selected in accordance with
Article 5 shall be measured.

The mesh size shall then be recalculated in accordance with
Article 7, taking into account all 60 meshes already measured.
Without prejudice to Article 9, this shall be the mesh size of
the net.

Article 5

Selection of meshes

1. Meshes to be measured shall form a series of 20 consecu-
tive meshes chosen in the direction of the long axis of the net.

2.
Except in square mesh panels, meshes less than 50 cm
from lacings, ropes or codline shall not be measured. This
distance shall be measured perpendicular to the lacings, ropes
or codline with the net stretched in the direction of
that
measurement. Nor shall any mesh be measured which has been
mended or broken or has attachments to the net fixed at that
mesh.

3.
By way of derogation from paragraph 1, the meshes to
be measured need not be consecutive if the application of para-
graph 2 prevents it.

Article 6

Measurement of each mesh

1.

Nets shall be measured only when wet and unfrozen.

2.
The size of each diamond mesh shall be the width of the
gauge at the point where the gauge is stopped, when using this
gauge in accordance with Article 3.

Article 9

Measurement in case of disputes

1.
If the master of the vessel disputes the mesh size deter-
mined in accordance with Article 8, such measurement shall
not be considered for the determination of the mesh size and
the net shall be re-measured.

A weight or dynamometer attached to the gauge shall be

2.
used for re-measurement.

The choice of weight or dynamometer shall be at the discretion
of the inspector.

The weight shall be fixed to the hole in the narrowest extremity
of the gauge using a hook. The dynamometer may either be
fixed to the hole in the narrowest extremity of the gauge or be
applied at the largest extremity of the gauge.

The accuracy of the weight or dynamometer shall be certified
by the appropriate national authority.

3.
For nets of a mesh size of 35 mm or less as determined
in accordance with Article 8, a force of 19,61 newtons (equiva-
lent to a mass of 2 kilograms) shall be applied and for other
nets a force of 49,03 newtons (equivalent to a mass of 5 kilo-
grams).

The size of each square mesh shall be the width of the
3.
gauge at the point where the gauge is stopped when measuring
both diagonals in accordance with Article 4.

For the purposes of determining the mesh size in accor-
4.
dance with Article 7 when using a weight or dynamometer,
one series of 20 meshes only shall be measured.

Where there is a difference in measurement between the diago-
nals of an individual mesh, the size of the largest diagonal shall
be used when calculating mesh size of the square mesh netting.

5.

The result of this measurement shall be final.

Article 7

Determination of the mesh size

The mesh size of the net shall be the arithmetical mean in
millimetres of the measurements of the total number of meshes
selected and measured as provided for in Articles 5 and 6, the
arithmetical mean being rounded up to the next millimetre.

Article 8

Inspection procedure

The inspector shall measure one series of 20 meshes,
inserting the gauge

1.
selected in accordance with Article 5,
manually without using a weight or dynamometer.

CHAPTER III

MESH SIZE OF PASSIVE GEAR

Article 10

Gauge for determining mesh sizes

1.
The mesh gauge shall be of durable material and capable
of retaining its shape. A model of the gauge is shown in Annex
III.

2. When extended,
the mesh gauge shall be capable of
measuring mesh sizes up to 300 mm. The scale shall be gradu-
ated in intervals of 1, and 5 and 10 millimetres.

3. Mesh gauges which conform to paragraphs 1 and 2 shall
be marked ‘EC gauge’.

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The jaws of the mesh gauge measuring the opening of
4.
the mesh shall be at least 1 millimetre thick but no more than
3 millimetres and shall have rounded edges.

No force other than manually extending the gauge, shall

5.
be used measuring a stretched mesh.

Article 11

Selection of meshes

1.
The inspector shall select twenty meshes from the net. In
the case of trammel nets, the meshes shall be selected from the
part of the net having the smallest meshes.

The selection shall

2.
following meshes:

in no circumstances

include the

(a) meshes at the top or bottom of a net selvedge attached to a
length of rope or a support frame, or other attachments;

(b) meshes within two meshes of lacings and ropes;

(c) meshes that have been broken or repaired.

Article 12

Measurement of each mesh

1.

Nets shall be measured when unfrozen.

The inspector shall measure the opening of each mesh by
2.
inserting the gauge in a mesh, in either direction whichever is
the longer, and the mesh shall be stretched manually until the
sides of the mesh are straight and taut.

Article 13

Determination of the mesh size

The mesh size shall be the arithmetical mean in millimetres,
rounded up to the next millimetre, of the sum of the results of
the measurement of each of the meshes selected and measured.

Article 14

Inspection procedures

The inspector shall measure one series of 20 meshes selected in
accordance with Article 11. The mesh size of the net shall then
be determined in accordance with Article 13.

Article 15

Measurement in case of disputes

the measurement,

the master disputes the result of

If
the
inspector shall again select and measure 20 meshes in another
part of the net in conformity with the provisions of Articles 11
to 14. The mesh size shall then be recalculated in accordance
with Article 13, taking into account all 40 meshes measured.
The result of this measurement shall be final.

CHAPTER IV

TWINE THICKNESS

Article 16

Gauge for determining twine thickness

1.
Gauges for determining the thickness of twine shall be
made of durable, non-corrosive material. A model of the gauge
is shown in Annex IV.

2. When the jaws are closed the circular hole shall have the
diameter, in millimetres, marked on one of the jaws, adjacent
to the hole. The jaws are closed when the surface of both
internal sides of the jaws touch each other and are flush.

3. Mesh gauges which conform to paragraphs 1 and 2 shall
be marked ‘EC gauge’.

Article 17

Selection of twines to be assessed

The inspector shall select meshes from any part of the net

1.
which is subject to a maximum permitted twine thickness.

Twines within a mesh that are broken or have been

2.
repaired shall not be selected.

3. Where any of the meshes selected are found to have been
repaired or are broken, an inspector may select meshes else-
where in the net.

Article 18

Assessment of twines

1.

Twines shall be assessed when unfrozen.

Twines in diamond mesh netting shall be assessed, as

2.
shown in Annex II, as follows:

(a) in the case of single twine netting, the twine on opposite

sides of 10 meshes selected shall be assessed;

(b) in the case of double twine netting, each strand of twine on
opposite sides of five meshes selected shall be assessed.

Twines in square mesh netting shall be assessed, as shown

3.
in Annex II, as follows:

(a) in the case of single twine netting, the twine on only one
side of 20 meshes selected shall be assessed, with the same
side being selected in each mesh;

(b) in the case of double twine netting, each strand of twine on
only one side of 10 meshes selected shall be assessed, with
the same side being selected in each mesh.

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Article 19

Inspection procedure for the determination of

twine

thickness

1.
A gauge with a circular hole with a diameter equal to the
maximum twine thickness permitted shall be used by the
inspector. When the thickness of the twine prevents the closure
of the jaws of the gauge or, the twine does not pass easily
through the hole when the jaws are closed, the assessment of
the thickness of a twine shall be noted by the inspector as a
negative assessment (-).

2.
If more than five negative assessments (-) of the 20 twines
assessed are found, an inspector, shall again select and assess a
further 20 twines in accordance with the provisions of Articles
17 and 18.

If more than 10 negative assessments (-) of the total 40
3.
twines assessed are found,
the twine thickness determined
exceeds the maximum twine thickness permitted for that part
of the net.

Article 20

The determination of twine thickness in case of disputes

If the master of the vessel disputes the result of the assessment
determined in accordance with Article 19, such assessment
shall not be considered for the determination of twine thick-
ness.

the
the purpose of determining the twine thickness
For
inspector shall again select and measure 20 different twines in
the same part of the net and if more than five negative assess-
ments (-) of the total 20 twines assessed are found, the twine
thickness determined exceeds the maximum twine thickness
permitted for that part of the net. The result of this determina-
tion shall be final.

CHAPTER V

FINAL PROVISIONS

Article 21

Repeal

Regulation (EEC) No 2108/84 is hereby repealed.

Reference to the repealed Regulation shall be construed as
reference to this Regulation and shall be read in accordance
with the correlation table set out in Annex V.

Article 22

Entry into force

into force on the 20th day
This Regulation shall enter
following that of its publication in the Official Journal of the
European Communities.

Articles 17 to 20 shall apply from 1 July 2003.

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

Done at Brussels, 24 January 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX Ι

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I
I

X
E
N
N
A

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ANNEX III

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V

I

X
E
N
N
A

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ANNEX V

Correlation table

Regulation (EEC) No 2108/84

This Regulation

Article 2(1) ) except for the last part of the second sentence

Article 2(2) except for last sentence

Article 3(1) except for first part of sentence

Article 3(2)

Article 3(3)

Article 4(1)

Article 4(2)

Article 5(1)

Article 5(2) except for first part of first sentence

Article 5(3)

Article 6(1)

Article 6(2) except for first part of first sentence in the first
subparagraph and the second subparagraph

Article 6(3)

Article 7 except for the last sentence

Article 8(1)

Article 8(2) except for first part of first sentence

Article 9(1) except for the last word of the last sentence

Article 9(2)

Article 9(3)

Article 9(4)

Article 1(b)

Article 1(a)

Article 10(1) except for the last sentence

Article 10(2)

Article 10(3)

Article 10(4)

Article 10(5)

Article 12(1) and Article 11(1) except for the second part
of the second sentence

Article 12(2)

Article 13

Article 11(2) a); b); c) except for first part of first sentence

Article 14

Article 15 except for the last part of the first sentence

Article 16(1)

Article 16(2)

Article 16(3)

Article 17(1)

Article 17(2)

Article 17(3)

Article 18(1)

Article 1(1)

Article 1(2)

Article 2(1)

Article 2(2)

Article 2(3)

—

—

Article 3(1)

Article 3(2)

Article 3(3)

Article 3(4)

Article 4

—

Article 5

Article 6(1)

—

Article 6(2)

—

—

—

Article 6a

—

Article 6b(1)

Article 6b(2)

Article 6b(3)

Article 6b(4)

Article 6b(5)

Article 6c(1)

Article 6c(2)

Article 6c(3)

Article 6c(4)

—

Article 6d

—

—

—

—

—

—

—

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Regulation (EEC) No 2108/84

This Regulation

—

—

—

—

—

—

—

Article 7

—

—

Annex

—

—

Article 18(2)(a) and (b)

Article 18(3)(a) and (b)

Article 19(1)

Article 19(2)

Article 19(3)

Article 20

Article 21

Article 22 except for second sentence

Annex I

Annex II

Annex III

Annex IV

Annex V