Proposal for a Council Regulation amending Regulation (EC) No 2341/2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required
Date: 2003-08-04
Institutions: European Commission
Subjects: Community fisheries, authorised catch, conservation of fish stocks, fishing net, fishing regulations, fishing rights, fishing vessel

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 4.8.2003
COM(2003) 477 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 2341/2002 fixing for 2003 the fishing opportunities and
associated conditions for certain fish stocks and groups of fish stocks, applicable in
Community waters and, for Community vessels, in waters where catch limitations are
required

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council  Regulation  (EC)  No  2341/2002  fixes  the  fishing  opportunities  and  associated
conditions for certain fish stocks and  groups  of stocks  applicable in Community waters  and
for  Community  vessels,  in  waters  where  limitations  in  catch  are  required  for  2003.
Amendments of the Regulation are required following recommendations recently made by the
International Baltic Sea Fishery Commission (IBSFC).

Regulation  (EC)  No  2341/2002  includes  the  implementation  in  Community  waters  and  for
Community vessels of fishing rules and total allowable catches (TACs) recommended by the
IBSFC in September 2002. The IBSFC, at an Extraordinary Session in June 2003 adopted the
following amendments to its recommendations of September 2002:

– 

– 

– 

an increase in the TAC for sprat from 310 000 tonnes to 341 000 tonnes;

an  adjustment  of  the  minimum  mesh  size  for  towed  nets  without  an  exit  window
when  fishing  for  cod  from  140  to  130  mm  to  achieve  correspondence  between  the
minimum landing size of cod and the selectivity of the gears;

the minimum mesh opening of the window in a “Top Window codend Bacoma” has
been  reduced  from  120  mm  to  110  mm  to  achieve  correspondence  between  the
minimum landing size of cod and the selectivity of the gears.

Scientific information indicate that the towed nets without an exit window are less selective
than  the  Bacoma  type  gear.  The  Commission  therefore,  after  having  consulted  the  Member
States and representatives from the fishing industry, proposes not to allow within Community
waters and for Community vessels the use of towed gear without an exit window.

The  Council  is  requested  to  adopt  this  proposal  as  soon  as  possible  in  order  to  allow
fishermen to plan their activities for this fishing season.

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Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 2341/2002 fixing for 2003 the fishing opportunities and
associated conditions for certain fish stocks and groups of fish stocks, applicable in
Community waters and, for Community vessels, in waters where catch limitations are
required

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having  regard  to  Council  Regulation  (EEC)  No  2371/2002  of  20  December  2002  on  the
conservation and sustainable exploitation of fisheries resources under the Common Fisheries
Policy 1, and in particular Article 20(1) and (4) thereof,

Having regard to the proposal from the Commission2,

Whereas:

(1)

Council  Regulation  (EC)  No  2341/20023,  as  last  amended  by  Regulation  (EC)  No
1091/20034,  fixes  the  fishing  opportunities  and  associated  conditions  for  certain  fish
stocks  and  groups  of  stocks  applicable  in  Community  waters  and  for  Community
vessels, in waters where limitations in catch are required for 2003. Amendments of the
Regulation  are  required  following  recommendations  recently  made  by  The
International Baltic Sea Fishery Commission (IBSFC).

(2)

In  June  2003  the  International  Baltic  Sea  Fishery  Commission  (IBSFC)  made  the
following recommendations:

– 

– 

– 

the  total  allowable  catch  (TAC)  for  sprat  in  zone  III  b,c,d  (EC  waters)  should  be
increased from 310 000 tonnes to 341 000 tonnes;

the minimum mesh size for towed nets without an exit window when fishing for cod
should be reduced from 140 to 130 mm from 1 October 2003;

the  minimum  mesh  opening  of  the  window  in  a  “Top  Window  codend  Bacoma”
should be reduced from 120 mm to 110 mm.

(3)

It is necessary for those measures to be implemented by the Community.

1

2

3

4

OJ L 358, 31.12.2002, p. 59.
OJ C , , p. .
OJ L 356, 31.12.2003, p. 12.
OJ L 157, 26.06.2003, p. 1.

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(4)

However, scientific information indicates that towed nets without an exit window are
less selective than the Bacoma type gear. It is therefore appropriate not to allow within
Community waters and for Community vessels the use of towed gear without an exit
window.

(5)

Regulation (EC) No 2341/2002 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Annexes  IA  and  V  to  Regulation  (EC)  No  2341/2002  are  amended  in  accordance  with  the
Annex to this Regulation.

Article 1

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

Article 2

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

Done at Brussels,

For the Council
The President

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(1) In Annex IA to Regulation (EC) No 2341/2002, the entries concerning the species Sprat in
zones:

ANNEX

III b,c,d (EC waters),
III d (Estonian waters),
III d (Latvian waters) and
III d (Lithuanian waters) are replaced by the following:

Species:

Sprat

Zone:

IIIbcd (EC waters)

Denmark

Germany

Finland

Sweden

EC

Estonia

Latvia

Sprattus sprattus

30 247

19 162

15 833

68 473

133 715

0

6000

(1)(2)

Lithuania

3000

(3)

TAC

__________

341000

(1)

(2)

(3)

To be counted against the Latvian share of the IBSFC TAC

A maximum of 5% in weight of herring is allowed as by-catch

To be counted against the Lithuanian share of the the IBSFC TAC.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be
taken in the zones specified:

Estonian waters

Latvian waters Lithuanian waters

EC

0

6000

3000

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Species:

Sprat

Zone:

IIId (Estonian waters)

Sprattus sprattus

EC

0

TAC

341000

Species:

Sprat

Zone:

IIId (Latvian waters)

Sprattus sprattus

6000

(1)(2)

341000

EC

TAC

__________

Available to Denmark, Germany, Finland and Sweden within the respective quotas for IIIbcd (EC

(1)
waters)

(2)

A maximum of 5% in weight of herring is allowed as by-catch

Species:

Sprat

Zone:

IIId (Lithuanian waters)

Sprattus sprattus

5817

1546

2637

3000

13000

341000

(1)

(2)

Denmark

Germany

Sweden

EC

TAC

__________

Available  to  Denmark,  Germany,  Finland  and  Sweden  within  the  respective  quotas  for  sprat  in

(1)
zone IIIbcd (EC waters).

Of  which 3000 tonnes  are to  be  counted  against  the  Community  share  of  the  TAC  for  sprat  in

(2)
zone IIIbcd (EC waters).

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(2) Annex V to Regulation (EC) No 2341/2002 is amended as follows:

(a) Point 1.1.1 is replaced by the following:

“Without exit windows

Towed nets without an exit window shall be prohibited.”

(b) Appendix 1 to Annex V is amended as follows:

(i) The section entitled ‘Specifications of Top Window Codend ‘BACOMA`is replaced by the
following:

“Specifications of Top Window Codend ‘BACOMA`

Specification  of  110  mm,  measured  as  inner  diameter  opening,  square  mesh  window  in  a
codend with a 105 mm or larger mesh size in trawls, Danish seines or similar towed nets

The window shall be a rectangular section of netting in the codend. There shall be only one
window.  The  window  shall  not  be  obstructed  in  any  way  by  either  internal  or  external
attachments.”

(ii) The section entitled ‘The netting of the window` is replaced by the following:

“The netting of the window

The  meshes  shall  have  a  minimum  mesh  opening  of  110  millimetres.  The  meshes  shall  be
square meshes i.e. all four sides of the window netting will be cut all bars. The netting shall
be mounted such that the bars run parallel and perpendicular to the length of the codend. The
netting  shall  be  knotless  braided  single  twine  or  a  netting  with  similar  proven  selective
properties. The diameter of the single yarn shall be at least 4,9 millimetres.”

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