Council Regulation (EC) No 1754/2003 of 22 September 2003 amending for the third time 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: 2003-09-22
Institutions: Council of the European Union
Subjects: EU waters, authorised catch, catch quota, fishery resources, fishing rights

4.10.2003

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1754/2003

of 22 September 2003

amending for the third time Regulation (EC) No 2341/2002 fixing for 2003 the fishing oppor-
tunities 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 exploi-
tation of
the Common Fisheries
Policy (1), and in particular Article 20(1) and (4) thereof,

fisheries resources under

Having regard to the proposal from the Commission,

Whereas:

(1)

fixes

Regulation (EC) No 2341/2002 (2)
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
to the Regulation are required following recommenda-
tions recently made by the International Baltic Sea
Fishery Commission (IBSFC).

(3)

(4)

(5)

The Contracting Parties of IBSFC agreed to allow for the
implementation of the recommendations before the end
of the objection period referred to in the Convention
establishing IBSFC.

It is necessary that the Community apply these measures
immediately after the summer ban in order to avoid
extra costs for the fishermen.

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.

(6)

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

HAS ADOPTED THIS REGULATION:

(2)

In June 2003 the IBSFC made the following recommen-
dations:

Article 1

— 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,

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

— 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.

Article 2

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 356, 31.12.2002, p. 12. Regulation as last amended by Regu-

lation (EC) No 1407/2003 (OJ L 201, 8.8.2003, p. 3).

It shall apply from 1 September 2003.

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

Done at Brussels, 22 September 2003.

For the Council

The President

F. FRATTINI

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Regulation (EC) No 2341/2002 shall be amended as follows:

1. In Annex IA, 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) shall be replaced by the following:

‘Species:

Sprat
Sprattus sprattus

Zone: IIIbcd (EC waters)

Denmark

Germany

Finland

Sweden

EC

Estonia

Latvia

Lithuania

TAC

30 247

19 162

15 833

68 473

133 715

0

6 000 (1) (2)

3 000 (3)

341 000

(1) To be counted against the Latvian share of the IBSFC

TAC.

(2) A maximum of 5 % in weight of herring is allowed as

by-catch.

(3) To be counted against the Lithuanian share of 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

Species:

Sprat
Sprattus sprattus

EC

TAC

Species:

Sprat
Sprattus sprattus

EC

TAC

6 000

3 000

Zone: IIId (Estonian waters)

0

0

341 000

Zone: IIId (Latvian waters)

6 000 (1) (2)

341 000

(1) Available to Denmark, Germany, Finland and Sweden
within the respective quotas for IIIbcd (EC waters).
(2) A maximum of 5 % in weight of herring is allowed as

by-catch.

Species:

Sprat
Sprattus sprattus

Zone: IIId (Lithuanian waters)

Denmark

Germany

Sweden

EC

TAC

5 817

1 546

2 637

3 000 (1)

13 000 (2)

341 000

(1) Available to Denmark, Germany, Finland and Sweden
within the respective quotas for sprat in zone IIIbcd
(EC waters).

(2) Of which 3 000 tonnes are to be counted against the
Community share of the TAC for sprat in zone IIIbcd
(EC waters).’

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2. In Annex IC, footnote 2 concerning the species Redfish in zones V, XII and XIV shall be replaced by the following:

‘Species: Redfish

Sebastes spp.

Zone: V, XII, XIV (1) (2)

Germany

Spain

France

Ireland

The Netherlands

Portugal

United Kingdom

EC

TAC

11 100 (2)

1 949 (2)

1 037 (2)

4 (2)

5 (2)

2 330 (2)

27 (2)

16 452 (2)

119 000 (2)

(1) Community waters and areas beyond fisheries jurisdic-

tion of other coastal States.

(2) May be taken in subarea 2 and Divisions 1F and 3K of
the NAFO Regulatory Area, but shall be counted
against the quota for V, XII, XIV within a total quota
of 25 000 tonnes.’

3. In Annex V:

(a) Point 1.1.1 shall be replaced by the following:

‘1.1.1. Wi thou t ex i t w i n dow s

Towed nets without an exit window shall be prohibited.’

(b) In Appendix 1:

(i) the section entitled ‘Specifications of Top Window Codend “BACOMA”’ shall be 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’ shall be replaced by the following:

‘The netting of the window

The meshes shall have a minimum mesh opening of 110 mm. The meshes shall be square meshes i.e. all four
sides of the window netting will be cut by 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 mm.’