Proposal for a Council Regulation for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound and amending Regulation (EC) No 1434/98
Date: 2005-03-14
Institutions: European Commission
Subjects: Baltic Sea, conservation of fish stocks, fishery resources, fishing area, fishing regulations, technical regulations, technical standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.03.2005 
COM(2005) 86 final 

2005/0014 (CNS) 

Proposal for a 

COUNCIL REGULATION 

for the conservation of fishery resources through technical measures in the Baltic Sea, 
the Belts and the Sound and amending Regulation (EC) No 1434/98 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council  Regulation  88/98  embodies  the  current  technical  measures  for  the  conservation  of 
fishery  resources  in  Community  waters  in  the  Baltic  Sea,  the  Belts  and  the  Sound.  The 
technical measures define mesh sizes and other aspects of the structure of fishing gears, time 
periods  and  geographical  areas  within  which  defined  types  of  fishing  are  prohibited  or 
restricted and minimum landing sizes of living aquatic resources. 

The  Community  is  a  Contracting  Party  to  the  International  Baltic  Sea  Fisheries  Commission 
(IBSFC), the organization that lays down rules concerning the conservation and management of 
fishery resources of the Baltic Sea. The IBSFC recommends every year maximum catch levels as 
well  as  certain  technical  measures  to  ensure  the  conservation  and  responsible  exploitation  of 
fishery  resources  in  the  Baltic  Sea.  The  Community  is  bound  to  implement  the  measures 
recommended by IBSFC in so far as it has not objected to them. As far as technical measures are 
concerned, this has been done through Council Regulation 88/98. However a number of recent 
IBSFC recommendations on technical measures have been implemented within the framework 
of the annual TAC and Quota Regulations rather than amendments to Council Regulation 88/98. 
It  is  therefore  appropriate  to  integrate  all  provisions  on  technical  measures  relevant  for  this 
area within a single Regulation that takes into account the development of the rules over the 
last few years. 

In addition, the Act of Accession of 2003 provides that a specific effort limitation regime for 
the  Gulf  of  Riga  be  established  by  amending  Council  Regulation  88/98  before  the  date  of 
accession. 

It  is  necessary  to  incorporate  all  of  these  revised  technical  measures  in  a  comprehensive 
package. 

Furthermore,  experience  in  the  application  of  Council  Regulation  88/98  has  shown  certain 
deficiencies  which  result  in  problems  of  application  and  enforcement.  The  Commission, 
therefore,  puts  forward  in  this  proposal  a  number  of  conditions  aiming  at  rectifying  these 
deficiencies, notably by defining target species and required catch percentages applicable for 
different mesh size ranges and geographical areas when fishing with certain gears. In drafting 
the additional conditions, the Commission strove, as far as possible, to keep consistency with 
the  corresponding  conditions  laid  down  in  Community  legislation  applicable  to  technical 
measures outside the Baltic Sea. 

Moreover, after the enlargement of the Community on 1 May 2004, it is a reasonable prospect 
that  the  IBSFC  will  be  dissolved  and  replaced  by  a  bilateral  co-operation  with  the  Russian 
Federation which is the only remaining non-Community Coastal State in the Baltic Sea region. 
Against  this  background,  the  Community  will  in  the  future  no  longer  be  bound  by  IBSFC 
decisions when developing its technical measures for the Baltic Sea. Given also that a number of 
the  existing  provisions  are  unnecessarily  detailed  and/or  cannot  be  justified  for  the 
conservation of resources, the Commission has in this proposal attempted to simplify the rules 
as far as possible, without necessarily sticking to the existing IBSFC rules. 

All other relevant conditions laid down in Council Regulation 88/98 are maintained. 

Finally,  Council  Regulation  1434/98  lays  down  rules  on  landings  of  herring  for  industrial 
purposes other than direct human consumption. Striving towards simplification of legislation, 

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the Commission proposes to replace the provisions of relevance for the Baltic Sea in Council 
Regulation 1434/98 with general provisions on unsorted landings in this proposal. 

On  adoption  of  this  proposal,  Council  Regulation  88/98  is  repealed,  while  the  provisions 
relevant for the Baltic Sea in Council Regulation 1434/98 are deleted. 

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2005/0014 (CNS) 

Proposal for a 

COUNCIL REGULATION 

for the conservation of fishery resources through technical measures in the Baltic Sea, 
the Belts and the Sound and amending Regulation (EC) No 1434/98 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Pursuant  to  Articles  2  and  4  of  Council  Regulation  (EC)  No  2371/2002  of 
20 December  2002  on  the  conservation  and  sustainable  exploitation  of  fisheries 
resources under the Common Fisheries Policy3, the Council is to establish, taking into 
account  available  scientific,  technical  and  economic  advice,  Community  measures 
necessary  to  ensure  exploitation  of  living  aquatic  resources  that  provides  sustainable 
economic,  environmental  and  social  conditions.  To  that  end,  the  Council  may  adopt 
technical measures to limit fishing mortality and the environmental impact of fishing 
activities. 

The  accession  of  the  Community  to  the  Convention  on  Fishing  and  Conservation  of 
the Living Resources in the Baltic Sea and the Belts, as amended by the Protocol to 
the  Conference  of  the  representatives  of  the  States  Parties  to  the  Convention 
(hereinafter  referred  to  as  ‘the  Gdansk  Convention’)  was  approved  by  Council 
Decision 83/414/EEC4. 

Since  it  was  established  by  the  Gdansk  Convention,  the  International  Baltic  Sea 
Fishery  Commission  has  adopted  a  body  of  measures  for  the  conservation  and 
management of fishery resources in the Baltic Sea. It notified the Contracting Parties 
of certain recommendations to modify those technical measures. 

It is appropriate for the Community to give effect to such recommendations. Since the 
International  Baltic  Sea  Fishery  Commission  may  be  superseded  by  a  bilateral  co-
operation  with  the  Russian  Federation,  the  Community  rules  should  however  not 
follow  strictly  those  recommendations  but  should  rather  seek  to  establish  a 

1 
2 
3 
4 

OJ C , , p. . 
OJ C , , p. . 
OJ L 358, 31.12.2002, p. 59. 
OJ L 237, 26.8.1983, p. 4. 

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(5) 

(6) 

(7) 

(8) 

(9) 

comprehensive  and  consistent  system  of  technical  measures  for  Community  waters, 
based on the existing rules. There is scope for simplification in some cases where the 
existing rules are unnecessarily detailed and/or cannot be justified for the conservation 
of resources. 

Council  Regulation  (EC)  No  88/98  of  18  December  1997  has  laid  down  certain 
technical measures for the conservation of fishery resources in the waters of the Baltic 
Sea, the Belts and the Sound5. 

The application of Regulation (EC) No 88/98 has brought to light certain deficiencies 
of that Regulation which result in problems of application and enforcement and which 
should be rectified, notably by defining target species and required catch percentages 
applicable  for  different  mesh  size  ranges  and  geographical  areas  when  fishing  with 
certain gears. 

The manner in which the percentages of target species and of other species are to be 
calculated should be defined. 

The  minimum  size  of  a  species  should  be  in  accordance  with  the  selectivity  of  the 
mesh size of the fishing gear applicable to that species. 

The  Gulf  of  Riga  is  a  unique  and  rather  sensitive  marine  ecosystem  which  requires 
special measures to ensure sustainable exploitation of its resources and to minimise the 
impact  of  fishing  activities.  Article  21  of  the  Act  concerning  the  conditions  of 
accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the 
Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic 
of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic 
and  the  adjustments  to  the  Treaties  on  which  the  European  Union  is  founded6, 
therefore, provides that the Council is to amend Regulation (EC) No 88/98 before the 
date of accession with a view to adopting the necessary conservation measures in the 
Gulf of Riga. 

(10) 

In  order  to  control  fishing  activities,  access to  the  Gulf  of  Riga  should  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 permits7. 

(11)  Scientific information indicates that, for cod, towed gears without exit window are less 
selective than those with the “BACOMA” type exit window. It is therefore appropriate 
not to allow within Community waters and for Community vessels the use of towed 
gears without the “BACOMA” type exit window when cod is a target species. 

(12)  Council Regulation (EC) No 1434/98 of 29 June 1998 has laid down conditions under 
which  herring  may  be  landed  for  industrial  purposes  other  than  direct  human 
consumption8. 

5 

6 
7 
8 

OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) No 1520/98 of 13 July 1998 
(OJ L 201, 17.7.1998, p. 1). 
OJ L 236, 23.9.2003, p. 33. 
OJ L 171, 6.7.1994, p. 7. 
OJ L 191, 7.7.1998, p. 10 

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(13) 

In order to simplify the complex rules of Regulation (EC) No 1434/98, the provisions 
of  that  Regulation  that  are  of  relevance  for  the  Baltic  Sea  should  be  replaced  with 
general  provisions  on  unsorted  landings  and  be  transferred  to  this  Regulation. 
Regulation (EC) No 1434/98 should be amended accordingly. 

(14)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission9. 

(15)  Amendments to the Annexes to this Regulation should also be adopted in accordance 

with Decision 1999/468/EC. 

(16)  By reason of the number and scope of the changes to be made to the rules, Regulation 

(EC) No 88/98 should be repealed and replaced by a new text, 

HAS ADOPTED THIS REGULATION: 

CHAPTER I 
SCOPE AND DEFINITIONS 

Article 1 
Subject-matter and Scope 

This  Regulation  lays  down  technical  conservation  measures  in  relation  to  the  taking  and 
landing of fishery resources in the maritime waters under the sovereignty or jurisdiction of the 
Member States and situated in the geographical area specified in Annex I.  

For the purposes of this Regulation: 

Article 2 
Definitions 

(a) 

(b) 

“active  gear”  means  any  fishing  gear  for  which  the  catch  operation  requires  an 
active  movement  of  the  gear,  including  in  particular  towed  gears  and  encircling 
gears; 

“trawl”  means  a  gear  which  is  actively  towed  by  the  main  boat  engine  and 
consisting of a cone- or pyramid-shaped body (as trawl body) closed at the back by a 
codend and which can extend at the opening by the wings or can be mounted on a 
rigid frame.  Horizontal  opening  is either obtained by otter boards or provided by a 
beam  or  frame  of  variable  shape  and  size.  Such  nets  can  be  towed  either  on  the 
bottom (bottom trawl net) or in midwater (pelagic trawl net); 

9 

OJ L 184, 17.7.1999, p. 23. 

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(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

“Danish seine” means an encircling and towed gear, operated from a boat by means 
of two long ropes (seine ropes) designed to herd the fish towards the opening of the 
seine. The gear, which is similar to a bottom trawl in design and size, comprises two 
long wings, a body and a bag (codend); 

“dredges”  means  a  net  or  metal  basket  mounted  on  a  frame  of  variable  shape  and 
size, the lower part of which carries a scraper blade, sometimes toothed; 

“purse  seine”  means  an  encircling  gear  where  the  bottom  is  drawn  together  by 
means of a purse line at the bottom of the net, which passes through a series of rings 
along the groundrope, enabling the net to be pursed and closed; 

“beam trawl” means a gear with a trawl net open horizontally by a steel or wooden 
tube, the beam, and netting with ground chains, chain mats or tickler chains, actively 
towed on the bottom by the vessel engine; 

“strengthening bag” means a cylindrical piece of netting completely surrounding the 
codend  and  the  lengthening  piece.  It  may  be  made  of  either  the  same  or  heavier 
material as the codend or lengthening piece; 

“flapper” means a piece of netting fastened inside an active gear net in such a way 
that  it  allows  catches  to  pass  from  the  front  to  the  rear  of  the  gear  but  limits  their 
possibility of return;  

“passive gear” means any fishing gear for which the catch operation does not require 
an active movement of the gear, and includes gillnets, entangling nets, trammel nets, 
anchored  floating  nets,  driftnets,  bottom  set  gillnets,  lines,  anchored  floating  lines 
and  drifting  lines.  The  nets  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; 

“gillnet” and “entangling net” means a net made up of a single piece of net and held 
vertically  in  the  water  by  floats  and  weights.  It  catches  living  aquatic  resources  by 
entangling  or  enmeshing.  According  to  ballasting  and  buoyancy  these  nets  may  be 
used to fish either in the water column up to the sea surface (anchored floating net 
and drifting net) or close to the bottom (bottom set gillnet); 

“trammel  net”  means  a  net  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; 

“anchored floating net” means a net fixed or capable of being fixed by any means to 
the bottom of the sea and floating in the water column up to the sea surface; 

“driftnet”  means  a  gillnet  or  entangling  net  held  on  the  sea  surface  or  at  certain 
distance  below  it  by  floating  devices  drifting  freely  with  the  current,  separately  or, 
more often, with the boat to which it is attached. It may be equipped with sea anchors 
or other floating devices aiming to stabilise the net and/or limiting its drifting; 

(n) 

“bottom set gillnet” means a gillnet, fixed or capable of being fixed by any means to 
the bottom of the sea and maintain the gear in place close to the bottom; 

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(o) 

(p) 

(q) 

(r) 

(s) 

(t) 

(u) 

(v) 

(w) 

“lines” means a number of connected lines, either set at the bottom or drifting, each 
bearing a large number of baited hooks; 

“immersion time” means the period from the point of time when the nets are first put 
in  the  water  until  the  point  of  time  when  the  nets  are  fully  recovered  on  board  the 
fishing vessel; 

“square-meshed netting” means 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; 

“codend” means the rearmost part of the trawl, having either a cylindrical shape, i.e. 
the same circumference throughout, or a tapering shape; 

“strengthening bag” means a cylindrical piece of netting completely surrounding the 
codend of a trawl and which may be attached to the codend at intervals. It shall have 
at least the same dimensions (length and width) as that part of the codend to which it 
is attached; 

”back strap” means the rearmost round strap attached to the codend not more than 2 
metres  from  the  codline  meshes,  measured  when  the  meshes  are  stretched 
lengthwise; 

“lifting strap” means a piece of rope encircling the circumference of the codend or 
the strengthening bag, if any, and attached to it by means of loops or rings; 

“codend buoy” means a buoyant unit used to give lift or mark the position of a net, 
or both; 

“buoy rope” means a rope connecting a cod-end buoy to that part of the fishing gear 
being supported or marked. 

CHAPTER II 
NETS AND CONDITIONS FOR THEIR USE 

SECTION I 
ACTIVE GEAR 

Article 3 
Target species and minimum mesh sizes 

1. 

For each of the subdivisions listed in Annex I, the ranges of mesh size admissible for 
each target species shall be as defined in Annex II. 

The minimum percentage of the target species among the living aquatic resources retained on 
board for each geographic subdivision and each range of mesh size is also set out in Annex II. 

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2. 

Dredges shall be exempted from the provisions of paragraphs 1 and 2. However, it 
shall be prohibited during any fishing voyage when dredges are carried on board to 
retain on board and land any quantity of living aquatic resources unless at least 95% 
of the live weight thereof consists of molluscs. 

Article 4 
Calculation of percentages of target species 

1. 

The  percentages  of  target  species  referred to  in  Annex  II  shall  be  calculated  as  the 
proportion by live weight of all species listed in Annex II which are: 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

(a) kept on board after sorting, or  

(b) landed. 

The  percentage  of  target  species  and  of  other  species  shall  be  obtained  by 
aggregating  all  quantities  of  target  species  and  of  other  species  listed  in  Annex  II 
retained on board. 

When  calculating  the  percentages  of  target  species  for  a  fishing  vessel  from  which 
quantities of species listed in Annex II have been transhipped, these quantities shall 
be taken into account. 

The  percentages  of  target  species  may  be  calculated  on  the  basis  of  one  or  more 
representative samples. 

When  catches  are  landed  unsorted,  Member  States  shall  ensure  that  the  quantities 
landed by species are estimated on the basis of representative samples. 

Article 5 
Structure of fishing gears 

No device shall be used which obstructs or otherwise diminishes the mesh in any part 
of the fishing net. 

By way of derogation from paragraph 1, it shall be permitted to attach to the outside 
of  the  lower  half  of  the  codend  of  any  active  gear,  any  canvas,  netting  or  other 
material which has the purpose of preventing or reducing wear. Such material shall 
be attached along the forward and lateral edges of the codend only. 

By way of derogation from paragraph 1, when fishing with trawls, Danish seines or 
similar gear with a mesh size less than 90 mm, it shall be permitted to attach to the 
outside of the codend and the lengthening piece a strengthening bag. The mesh size 
of the strengthening bag shall be at least twice as large as that of the codend and in 
no case less than 80 mm. 

A strengthening bag may be attached at the following points: 

(a) 

at its forward edge; 

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(b) 

at its rear edge. 

A strengthening bag may be laced  

(a) 

circumferentially  to  the  codend  and  the  lengthening  piece  around  one 
row of meshes; 

(b) 

longitudinally along a single row of meshes. 

4. 

By way of derogation from paragraph 1, it shall be permitted to use in active gear a 
non-return net or flapper the mesh size of which shall be at least equal to that of the 
codend.  The  flapper  may  be  attached  either  inside  the  codend  or  in  front  of  the 
codend. The distance from the point of forward attachment of the flapper to the rear 
end of the codend shall be at least three times the length of the flapper. 

Article 6 
Specific prohibited structures 

It shall be prohibited to use: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

any codend in which the number of equal sized meshes around any circumference of 
the codend increases from the front end to the rear end; 

any  extension  piece  in  which  the  number  of  meshes,  excluding  those  in  the 
selvedges,  in  any  circumference  of  the  extension  piece  is  less  than  the  number  of 
meshes, excluding those in the selvedges, on the circumference of the foremost end 
of the codend to which the extension piece is joined; 

any  net  of  mesh  size  equal  to  or  greater  than  32  mm  in  which  any  mesh  is  not 
quadrilateral; 

any netting material which includes any individual quadrilateral mesh of which any 
bar differs in length from any other bar in that mesh by more than 10 percent and at 
least 2 mm; 

any demersal net to which a codend is attached by any means other than being sewn 
into that part of the net anterior to the codend; 

any combination of codend and extension piece whose joint stretched length exceeds 
36 m in nets of mesh size greater than 89 mm; 

any  codend  or  extension  piece  or  square-meshed  panel  each  of  which  is  not 
constructed exclusively of only one type of netting material; 

any  codend  and/or  extension  piece  constructed  of  more  than  one  sheet  of  netting 
material such that the stretched linear dimensions of the top half of the codend and/or 
extension piece are not equal to the stretched linear dimensions of the bottom half or 
bottom sheet. 

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Article 7 
Prohibited areas 

It shall be prohibited throughout the year, to fish with any active gear in the geographical area 
bounded by a line joining the following coordinates: 

54˚ 23´ N, 14˚ 35´ E 

54˚ 21´ N, 14˚ 40´ E 

54˚ 17´ N, 14˚ 33´ E 

54˚ 07´ N, 14˚ 25´ E 

54˚ 10´ N, 14˚ 21´ E 

54˚ 14´ N, 14˚ 25´ E 

54˚ 17´ N, 14˚ 17´ E 

54˚ 24´ N, 14˚ 11´ E 

54˚ 27´ N, 14˚ 25´ E 

54˚ 23´ N, 14˚ 35´ E’ 

SECTION II 
PASSIVE GEAR 

Article 8 
Target species and minimum mesh sizes 

1. 

For each of the subdivisions listed in Annex I, the ranges of mesh size admissible for 
each target species shall be as indicated in Annex III. 

The minimum percentage of the target species among the living aquatic resources retained on 
board for each geographic subdivision and each range of mesh size is also set out in Annex 
III. 

2. 

Within  a  subdivision,  the  use  or  keeping  on  board  of  any  gillnet,  entangling  net  or 
trammel  net  of  mesh  sizes  smaller  than  those  referred  to  in  Annex  III  shall  be 
prohibited. 

However, in the case of trammel nets, the mesh size in that part of the net having the largest 
meshes shall correspond to one of the categories set out in Annex III. The mesh size in the 
part of the net having the smallest meshes shall be less than 16 mm. 

3. 

For each fishing voyage, landings shall be prohibited whenever the catch taken in the 
subdivisions  listed  in  Annex  I,  and  retained  on  board,  does  not  comply  with  the 
corresponding conditions laid down in Annex III. 

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Article 9 
Calculation of percentages of target species 

1. 

The percentages of target species referred to in Annex III shall be calculated as the 
proportion by live weight of all species listed in Annex III which are: 

(a) kept on board after sorting, or 

(b) landed. 

2. 

3. 

4. 

5. 

1. 

2. 

The  percentage  of  target  species  and  of  other  living  aquatic  resources  shall  be 
obtained  by  aggregating  all  quantities  of  target  species  and  all  quantities  of  other 
species listed in Annex III retained on board. 

When  calculating  the  percentages  of  target  species  for  a  fishing  vessel  from  which 
quantities of species listed in Annex III have been transhipped, these quantities shall 
be taken into account. 

The  percentages  of  target  species  may  be  calculated  on  the  basis  of  one  or  more 
representative samples. 

When  catches  are  landed  unsorted,  Member  States  shall  ensure  that  the  quantities 
landed by species are estimated on the basis of representative samples. 

Article 10 
Dimensions and immersion time 

Where  fishing  is  conducted  using  anchored  floating  nets  and  driftnets,  it  shall  be 
prohibited to use more than 600 nets per vessel at any given time, the length of each 
net  not  exceeding  35  metres  measured  in  the  gear's  headrope.  In  addition  to  the 
number of nets permitted for fishing, a maximum of 100 reserve nets may be kept on 
board. 

Where  fishing  is  conducted  using  bottom  set  gillnets,  entangling  nets  or  trammel 
nets, it shall be prohibited to use more than 12 km of nets for vessels with an overall 
length  of  up  to  and  including  12  m  and  24  km  of  nets  for  vessels  with  an  overall 
length of more than 12 m. 

3. 

The immersion time of the nets referred to in paragraph 3 shall not exceed 48 hours. 

Article 11 
Identification marks 

It shall be prohibited to use anchored or drifting gear without marking it with buoys or other 
identification marks. 

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Article 12 
Restrictions on driftnets 

From  1  January  2008,  it  shall  be  prohibited  to  keep  on  board,  or  use  for  fishing, 
driftnets. 

In  2006  and  2007,  a  vessel  may  keep  on  board,  or  use  for  fishing,  driftnets  if 
authorised to do so by the competent authorities of the flag Member State. 

In  2006  and  2007,  the  maximum  number  of  vessels  which  may  be  authorised  by  a 
Member State to keep on board, or use for fishing, driftnets shall not exceed 40% and 
20% respectively of the fishing vessels which used driftnets during the period 2001 
to 2003. 

Member States shall communicate to the Commission by 30 April of each year, the 
list of vessels authorised to carry out fishing activities using driftnets. 

Article 13 
Conditions for driftnets 

When  driftnets  are  used,  floating  buoys,  with  radar  reflectors,  shall  be  moored  to 
each end of the netting, so that its position can be determined at any time. The buoys 
shall be permanently marked with the registration letter(s) and number of the vessel 
to which they belong. 

The master of a fishing vessel using driftnets shall keep a logbook in which he shall 
record the following information on a day-to-day basis: 

1. 

2. 

3. 

4. 

1. 

2. 

(a) 

the total length of the nets on board; 

(b) 

the total length of the nets used in each fishing operation; 

(c) 

the quantity of by-catches of cetaceans; 

(d) 

the date and position of such catches. 

3. 

All fishing vessels using driftnets shall keep on board the authorisation referred to in 
Article 12(2). 

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SECTION III 
COMMON PROVISIONS ON NETS AND THEIR USE 

Article 14 
Determination of mesh size and twine thickness 

The technical rules for the determination of mesh size and the thickness of twine of fishing 
nets  shall  be  laid  down  in  accordance  with  the  procedures  specified  in  Commission 
Regulation (EC) No 129/200310. 

1. 

2. 

1. 

Article 15 
Reaching of required catch percentages 

Quantities  of  living  aquatic  resources  caught  in  excess  of  permitted  percentages 
specified  in  Annexes  II  and  III  may  not  be  landed  but  shall  be  returned  to  the  sea 
prior to each landing. 

Notwithstanding paragraph 1, whenever during a fishing voyage a vessel leaves any 
of the subdivisions listed in Annex I, the minimum percentage of target species as set 
out in Annexes II and III caught and retained on board from that geographical area 
shall be met within two hours. 

Article 16 
Conditions for use of gears 

Gear  that  may  not  be  used  within  a  certain  geographical  area  or  during  a  certain 
period shall be stowed away on board in such a manner that it is not ready for use in 
the  prohibited  area  or  during  the  prohibited  period.  Reserve  gear  shall  be  stowed 
away separately and in such a manner that it is not ready for use. 

2. 

Fishing gear shall be considered not ready for use if: 

(a) in the case of active gear: 

(i) 

the trawl boards are made fast to the inner or outer side of the bulwark or 
the gallows, 

(ii) 

sweep lines or warps are unshackled from the trawl boards or weights; 

(b) in the case of passive gear for which salmon is defined as a target species: 

(i) 

the nets are stowed under a lashed cover, 

(ii) 

the lines and hooks are kept in closed boxes; 

(c) in the case of purse seines, the main or bottom wire is unshakled from the seine. 

10 

OJ L 22, 25.1.2003, p. 5. 

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3. 

By way of derogation from paragraph 1, when a gear is used for which cod (Gadus 
morhua) is defined as a target species in accordance with Annexes II or III, no other 
type of gear shall be kept on board. 

CHAPTER III 
MINIMUM LANDING SIZE OF FISH 

Article 17 
Measurement of fish 

1. 

2. 

1. 

2. 

A fish shall be regarded as undersized if it is smaller than the minimum size specified 
in Annex IV for the relevant species and the relevant geographical area. 

The size of a fish shall be measured from the tip of the snout, with mouth closed, to 
the extreme end of the tail fin. 

Article 18 
Retention on board of undersized fish 

Undersized fish 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. 

For  fish  other  than  those  defined  in  Annex  II  as  target  species  for  the  mesh  size 
categories “smaller than 16 millimetres” or “16 to 31 millimetres” caught with active 
gear of a mesh size less than 32 millimetres, paragraph 1 shall not apply, provided 
that  those  fish  are  not  sorted  and  not  sold,  displayed  or  offered  for  sale  for  human 
consumption. 

CHAPTER IV 
RESTRICTIONS RELATING TO CERTAIN AREAS OR 
LIVING AQUATIC RESOURCES 

Article 19 
Closure of Bornholm Deep 

Fishing shall be prohibited from 15 May to 31 August in the Bornholm Deep, in the maritime 
area defined by the lines connecting the following co-ordinates: 

– 

– 

– 

latitude 55° 30'N, longitude 15° 30'E. 

latitude 55° 30'N, longitude 16° 30'E. 

latitude 55° 00'N, longitude 16° 30'E. 

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– 

– 

– 

– 

latitude 55° 00'N, longitude 16° 00'E. 

latitude 55° 15'N, longitude 16° 00'E. 

latitude 55° 15'N, longitude 15° 30'E. 

latitude 55° 30'N, longitude 15° 30'E. 

Article 20 
Restrictions on fishing for cod 

The retention on board of cod shall be prohibited from 15 June to 15 August. 

Article 21 
Restrictions on fishing for flatfish 

1. 

The retention on board of the following species of fish which are caught within the 
geographical areas and during the periods mentioned below shall be prohibited: 

Species 

Geographical area 

Period 

Flounder (Platichthys flesus) 

Sub-divisions 22 to 32 

1 February to 15 May 

Plaice (Pleuronectes platessa) 

Sub-divisions 22 to 32 

1 February to 15 May 

Turbot (Psetta maxima) 

Subdivisions 22 to 32 

1 June to 31 July 

Brill (Scophtalmus rhombus) 

Subdivisions 22 to 32 

1 June to 31 July 

2. 

1. 

2. 

By way of derogation from paragraph 1, when a gear is used for which cod is defined 
as  a  target  species  in  accordance  with  Annexes  II  or  III,  by-catches  of  flounder, 
plaice, turbot and brill may be retained on board within a limit of 10% by live weight 
of the total catch of cod retained on board during the periods of prohibition referred 
to in that paragraph. 

Article 22 
Restrictions on fishing for salmon and sea trout 

The retention on board of salmon (Salmo salar) or sea trout (Salmo trutta) shall be 
prohibited: 

(a) 

from 1 June to 15 September in waters of Subdivisions 22 to 31, 

(b) 

from 15 June to 30 September in waters of Subdivision 32. 

The area of prohibition during the closed season shall be beyond four nautical miles 
measured from the baselines. 

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Article 23 
Restrictions on fishing for eel 

The retention on board of eel caught with any active gear shall be prohibited throughout the 
year. 

CHAPTER V 
SPECIFIC MEASURES FOR THE GULF OF RIGA 

Article 24 
Delimitation of waters 

For the purposes of this Regulation the Gulf of Riga is limited : 

(a) 

in the west by a line drawn from 57° 34.1234' N, 21° 42.9574' E to 57° 57.4760' N, 
21° 58.2789' E, then southwards to the southernmost point of the peninsula of Sõrve 
and then in a north-eastern direction along the east coast of the island of Saaremaa; 
and 

(b) 

in the north by a line drawn from 58° 30.0' N, 23° 13.2' E to 58° 30.0' N, 23° 41.1' E. 

Article 25 
Special fishing permit 

1. 

2. 

In order to fish in the Gulf of Riga vessels shall hold a special fishing permit issued 
in accordance with Article 7 of Regulation (EC) No 1627/94. 

Member States shall ensure that vessels to which a special fishing permit referred to 
in  paragraph  1  has  been  issued  are  included  in  a  list  containing  their  name  and 
internal  registration  number  to  be  provided  to  the  Commission  by  each  Member 
State. 

3. 

Vessels included in the list shall satisfy the following conditions: 

(a) 

the total engine power (kW) of the vessels within the lists must not exceed that 
observed for each Member State in the years 2000 – 2001 in the Gulf of Riga; 

(b) 

the engine power of a vessel must not exceed 221 kilowatts (kW) at any time. 

Article 26 
Replacement of vessels or engines 

1. 

Any  individual  vessel  on  the  list  referred  to  in  Article  25(2)  may  be  replaced  by 
another vessel or vessels, provided that: 

(a) 

such  replacement  will  not  lead  to  an  increase  in  the  total  engine  power  as 
indicated in Article 25(3) (a) in the Member State concerned, and 

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17 

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(b) 

the  engine  power  of  any  replacement  vessel  does  not  exceed  221  kW  at  any 
time. 

2. 

An  engine  of  any  individual  vessel  included  in  the  list  referred  to  in  Article  25(2) 
may be replaced, provided that: 

(a) 

(b) 

the  replacement  of  an  engine  does  not  lead  to  the  vessel’s  engine  power 
exceeding 221 kW at any time, 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  Article  25(3)  (a)  for  the 
Member State concerned. 

CHAPTER VI 
GENERAL PROVISIONS 

Article 27 
Prohibited fishing gear and practices 

1. 

2. 

3. 

The catching of living aquatic resources using beam trawls shall be prohibited. 

The  catching  of  living  aquatic  resources  using  methods  incorporating  the  use  of 
explosives, poisonous or stupefying substances or electric current shall be prohibited. 

The sale, display or offer for sale of living aquatic resources caught using methods 
referred to in paragraph 2 and methods incorporating the use of any kind of projectile 
shall be prohibited. 

Article 28 
Scientific research 

1. 

This  Regulation  shall  not  apply  to  fishing  operations  conducted  solely  for  the 
purpose of scientific investigations subject to the following conditions: 

(a) 

(b) 

the  fishing  operations  must  be  carried  out  with  the  permission  and  under  the 
authority of the Member State or Member States concerned, 

the Commission and the Member State or Member States in whose waters the 
research  is  carried  out  must  have  been  informed  in  advance  of  the  fishing 
operations, 

(c) 

the  vessel  conducting  the  fishing  operations  must  carry  on  board  an 
authorisation issued by the Member State whose flag the vessel is flying. 

2. 

Notwithstanding  paragraph  1,  living  aquatic  resources  caught  for  the  purposes 
specified in paragraph 1 cannot be sold, stored, displayed or offered for sale, unless: 

(a) 

they meet the minimum landing sizes listed in Annex IV; or 

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(b) 

they are sold directly for purposes other than human consumption. 

Article 29 
Artificial restocking and transplantation 

This  Regulation  shall  not  apply  to  fishing  operations  conducted  solely  for  the  purpose  of 
artificial restocking or transplantation of living aquatic resources 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. 

Article 30 
Measures taken by Member States applying solely to fishing vessels flying their flag  

1. 

Member States may, for the conservation and management of stocks, take technical 
measures designed to limit catches which: 

(a) 

supplement measures set out in Community fisheries Regulations; or 

(b)  go beyond minimum requirements set out in Community fisheries Regulations. 

Those  measures  shall  be  applicable  solely  to  the  fishermen  of  the  Member  State  concerned 
and shall be compatible with Community law. 

2. 

3. 

4. 

The Member State concerned shall communicate those measures without delay to the 
other Member States and the Commission. 

The  Member  States  shall  supply  to  the  Commission,  on  its  request,  all  information 
needed for the assessment of whether the measures comply with the conditions laid 
down in paragraph 1. 

If  the  Commission  concludes  that  the  measures  do  not  comply  with  the  conditions 
laid  down  in  paragraph  1  it  shall  adopt  a  decision  requiring  the  Member  State  to 
withdraw or modify the measures. 

CHAPTER VII 
FINAL PROVISIONS 

Article 31 
Implementing rules 

Detailed rules for the implementation of this Regulation shall be adopted in accordance with 
the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. 

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Article 32 
Amendments to the Annexes 

Amendments to the Annexes shall be adopted in accordance with the procedure referred to in 
Article 30(3) of Regulation (EC) No 2371/2002. 

Article 33 
Amendments to Regulation (EC) No 1434/98 

Regulation (EC) No 1434/98 shall be amended as follows: 

1) 

2) 

3) 

in Article 1 paragraph 2 is deleted; 

in Article 2 paragraphs 2 and 3 are deleted; 

Article 3 paragraph 1 is replaced by the following: 

“1.  Catches of herring taken: 

– 

– 

– 

in Regions 1 and 2 with towed nets of minimum mesh size equal to or greater 
than 32 mm or, 

in Region 3 with towed nets of minimum mesh size equal to or greater than 40 
mm or, 

in Regions 1 or 2 or 3 with any fishing gear other than towed nets, 

shall not be landed for purposes other than direct human consumption unless they are 
first offered for sale for direct human consumption and fail to find a buyer.”; 

4) 

in Article 3 (2) the first indent is deleted. 

Regulation (EC) No 88/98 is repealed. 

Article 34 
Repeal 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex V. 

Article 35 
Entry into force 

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

It shall apply from 1 January 2006. 

EN 

20 

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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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ANNEX I 

SUBDIVISIONS OF THE GEOGRAPHICAL AREA REFERRED TO IN ARTICLE 1 

Subdivision 22 

The waters bounded by a line drawn from Hasenøre Head (56° 09' N, 10° 44' E) on the east coast of Jutland to 
Gniben Point (56° 01' N, 11° 18' E) on the west coast of Zealand; then along the west coast and south coast of 
Zealand to a point situated at longitude 12° 00' E; from there, due south to the island of Falster; then along the 
east coast of the island of Falster to Gedser Odde (54° 34' N, 11° 58' E); then due east to longitude 12° 00' E; 
then due south to the coast of Germany; then in a south-westerly direction along the coast of Germany and the 
east coast of Jutland as far as the point of departure. 

Subdivision 23  

The waters bounded by a line drawn from Gilbjerg Head (56° 08' N, 12° 18' E) on the north coast of Zealand to 
Kullen (56° 18' N, 12° 28' E) on the coast of Sweden; then in a southerly direction along the coast of Sweden to 
the Falsterbo lighthouse (55° 23' N, 12° 50' E); then through the southern entrance to the Sound to the Stevns 
lighthouse (55° 19' N, 12° 28' E) on the coast of Zealand; then in a northerly direction along the east coast of 
Zealand as far as the point of departure. 

Subdivision 24  

The  waters  bounded  by  a  line  drawn  from  the  Stevns  lighthouse  (55°  19'  N,  12°  28'  E)  on  the  east  coast  of 
Zealand  through  the  southern  entrance  to  the  Sound  to  the  Falsterbo  lighthouse  (55°  23'  N,  12°  50'  E)  on  the 
coast of Sweden; then along the south coast of Sweden to the Sandhammaren lighthouse (55° 24' N, 14° 12' E); 
from there to the Hammerodde lighthouse (55° 18' N, 14° 47' E) on the north coast of Bornholm; then along the 
west and south coasts of Bornholm to a point situated at longitude 15° 00' E; from there due south to the coast of 
Poland; then in a westerly direction along the coasts of Poland and Germany to a point situated at longitude 12° 
00' E; then due north to a point situated at latitude 54° 34' N and longitude 12° 00' E; then due west to Gedser 
Odde (54° 34' N, 11° 58' E); from there, along the east and north coast of the island of Falster to a point situated 
at  longitude  12°  00'  E;  from  there,  due  north  to  the  south  coast  of  Zealand;  then  in  a  westerly  and  northerly 
direction along the west coast of Zealand as far as the point of departure. 

Subdivision 25  

The  waters  bounded  by  a  line  drawn  from  a  point  on  the  east  coast  of  Sweden  at  latitude  56°  30'  N  and 
proceeding due east to the west coast of the island of Öland; then, after passing south of the island of Öland to a 
point on the east coast situated at latitude 56° 30' N, due east to longitude 18° 00' E; then due south to the coast 
of Poland; then in a westerly direction along the coast of Poland to a point situated at longitude 15° 00' E; then 
due  north  to  the  island  of  Bornholm;  then  along  the  south  and  west  coasts  of  Bornholm  to  the  Hammerodde 
lighthouse (55° 18' N, 14° 47' E); then to the Sandhammaren lighthouse (55° 24' N, 14° 12' E) on the south coast 
of Sweden; then in a northerly direction along the east coast of Sweden as far as the point of departure. 

Subdivision 26  

The  waters  bounded  by  a  line  drawn  from  a  point  situated  at  latitude  56°  30'  N  and  longitude  18°  00'  E  and 
proceeding  due  east  to  the  west  coast  of  Latvia;  then  in  a  southerly  direction  along  the  coasts  of  Latvia, 
Lithuania, Russia and Poland to a point on the Polish coast situated at longitude 18° 00' E; then due north as far 
as the point of departure. 

Subdivision 27  

The waters bounded by a line drawn from a point on the east mainland coast of Sweden situated at latitude 59° 
41' N and longitude 19° 00' E and proceeding due south to the north coast of the island of Gotland; then in a 
southerly  direction  along  the  west  coast  of  Gotland  to  a  point  situated  at  latitude  57°  00'  N;  then  due  west  to 
longitude 18° 00' E; then due south to latitude 56° 30' N; then due west to the east coast of the island of Öland; 

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then, after passing south of the island of Öland, to a point on its west coast situated at latitude 56° 30' N; then 
due west to the coast of Sweden; then in a northerly direction along the east coast of Sweden as far as the point 
of departure. 

Subdivision 28  

The  waters  bounded  by  a  line  drawn  from  a  point  situated  at  latitude  58°  30'  N  and  longitude  19°  00'  E  and 
proceeding  due  east  to  the  west  coast  of  the  island  of  Saaremaa;  then,  after  passing  north  of  the  island  of 
Saaremaa, to a point on its east coast situated at latitude 58° 30' N; then due east to the coast of Estonia; then in a 
southerly direction along the west coast of Estonia and the north and west coasts of Latvia to a point situated at 
latitude 56° 30' N; then due west to longitude 18° 00' E; then due north to latitude 57° 00' N; then due east to the 
west coast of the island of Gotland; then in a northerly direction to a point on the north coast of Gotland situated 
at longitude 19° 00' E; then due north as far as the point of departure. 

Subdivision 29  

The waters bounded by a line drawn from a point on the east mainland coast of Sweden situated at latitude 60° 
30' N and proceeding due east to the mainland coast of Finland; then in a southerly direction along the west and 
south coasts of Finland to a point on the south mainland coast situated at longitude 23° 00' E; then due south to 
latitude 59° 00' N; then due east to the mainland coast of Estonia; then in a southerly direction along the west 
coast  of  Estonia  to  a  point  situated  at  latitude  58°  30'  N;  then  due  west  to  the  east  coast  of  the  island  of 
Saaremaa; then, after passing north of the island of Saaremaa, to a point on its west coast situated at latitude 58° 
30'  N;  then  due  west  to  longitude  19°  00'  E;  then  due  north  to  a  point  on  the  east  mainland  coast  of  Sweden 
situated at latitude 59° 41' N; then in a northerly direction along the east coast of Sweden as far as the point of 
departure. 

Subdivision 30  

The waters bounded by a line drawn from a point on the east coast of Sweden situated at latitude 63° 30' N and 
proceeding due east to the mainland coast of Finland; then in a southerly direction along the coast of Finland to a 
point situated at latitude 60° 30' N; then due west to the mainland coast of Sweden; then in a northerly direction 
along the east coast of Sweden as far as the point of departure. 

Subdivision 31  

The waters bounded by a line drawn from a point on the east coast of Sweden situated at latitude 63° 30' N and 
proceeding, after passing north of the Gulf of Bothnia, to a point on the west mainland coast of Finland situated 
at latitude 63° 30' N; then due west as far as the point of departure. 

Subdivision 32  

The waters bounded by a line drawn from a point on the south coast of Finland situated at longitude 23° 00' E 
and  proceeding,  after  passing  east  of  the  Gulf  of  Finland,  to  a  point  on  the  west  coast  of  Estonia  situated  at 
latitude 59° 00' N; then due west to longitude 23° 00' E; then due north as far as the point of departure. 

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ACTIVE GEAR : MESH SIZE RANGES, TARGET SPECIES AND REQUIRED CATCH PERCENTAGES APPLICABLE 

ANNEX II 

≥90 

22-32 

Mesh size range (millimetres) 
≥1054 
Sub-divisions 
22-32 
Minimum percentage of target species 
90 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 

90 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 

Target species 

<16 

16-31 

16-31 

32-89 

22-32 

22-24 

25-32 

22-32 

901 
* 

901 
* 
* 

901 
* 
* 
* 

901 
* 
* 
* 

Sand eels (Ammodytidae) 
Sprat (Sprattus sprattus) 
Herring (Clupea harengus) 
Sole (Solea vulgaris) 
Plaice (Pleuronectes platessa) 
Whiting (Merlangius merlangus) 
Brill (Scophthalmus rhombus) 
Dab (Limanda limanda) 
Flounder (Platichthys flesus) 
Lemon sole (Microstomus kitt) 
Turbot (Psetta maxima) 
Cod (Gadus morhua) 

1. The catch retained on board shall consist of no more than 3% of cod by live weight. 

2. Applying Bacoma exit window with mesh size and specifications as laid down in the Appendix. 

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APPENDIX TO ANNEX II: SPECIFICATIONS OF TOP WINDOW CODEND "BACOMA" 

1. 

In  order  to  guarantee  the  selectivity  of  trawls,  Danish  seines  and  similar  nets  with 
special mesh openings as referred to in Annex II, only the "BACOMA" exit window 
model as described below shall be authorised. 

a. 

Identification of the Window 

i. 

The window shall have square meshes with a minimum size of 110 mm, 
measured as inner diameter opening. 

ii. 

The minimum mesh size of the codend shall be 105 mm. 

iii.  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. 

b. 

Size of the codend, extension piece and the rear end of the trawl 

i. 

ii. 

The  codend  shall  be  constructed  of  two  panels  of  equal  size,  joined 
together by selvedges one on each side of equal length.  

The  minimum  mesh  size  of  the  diamond  meshes  shall  be105  mm.  The 
material of the yarn shall be of braided polyethylene threads with a single 
twine thickness of no more than 6 mm or with double twine thickness of 
no more than 4 mm respectively. 

iii. 

It is prohibited to use cod-ends and extension pieces which are made of 
only one piece of net material and have only one lestridge. 

iv.  The  carrying  on  board  of  a  net  having  more  than  100  open  diamond 
meshes in any circumference of the codend, excluding the joining or the 
selvedges shall be prohibited. 

v. 

The number of open diamond meshes, excluding those in the selvedges, 
at any point on any circumference of any extension or lengthening piece 
shall  not  be  less  or  more  than  the  maximum  number  of  meshes  on  the 
circumference  of  the  front  end  of  the  codend  and  the  rear  end  of  the 
tapered section of the trawl excluding meshes in the selvedges (Figure 1). 

c. 

Location of the window 

i. 

ii. 

The window shall be inserted into the top panel of the codend (Figure 2.). 

The  window  shall  terminate  not  more  than  4  meshes  from  the  codline, 
inclusive of the hand braided row of meshes through which the codline is 
passed (Figure 3 or 4). 

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d. 

Size of the window 

i. 

The  width  of  the  window,  expressed  in  number  of  mesh  bars,  shall  be 
equal to the number of open diamond meshes in the top panel divided by 
two. If necessary, it will be allowed to maintain at the most 20 % of the 
number of open diamond meshes in the top panel divided evenly on the 
both sides of the window panel. (Figure 4). 

ii. 

The length of the window shall be at least 3.5 meters. 

e.  Netting of the window 

i. 

ii. 

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  netting  with  similar  proven  selective  properties. 
Knotless  netting  means  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.  

iii.  The diameter of the single yarn shall be at least 4.9 millimetres.  

f.  Other Specifications 

i. 

The mounting specifications are defined in Figures 3 and 4.  

ii. 

The length of the lifting strap shall not be less than: 

1. 

2. 

3. 

4.5  m  for  a  codend  of  circumference  of  between  100  and  91 
meshes;  

4 m for a codend of circumference between 90 and 71 meshes and; 

3 m for a codend of circumference of less than 71 meshes. 

iii.  A back strap shall not encircle the "BACOMA" exit window. It shall be 

made of rope not more than 20mm in diameter and be at least 2 m long. 

iv.  A  cod-end  buoy  shall  be  spherical  in  shape  and  have  a  maximum 
diameter of 40 cms. It shall be fastened through the buoy rope to the cod 
line. 

v. 

vi. 

The length of the buoy rope shall be not less than two and a half times 
the square root of the depth. 

It  is  permitted  to  install  a  flapper  or  non  return  device  in  the  extension 
piece  or  in  the  body  of  the  net.  The  flapper  shall  not  overlap  the 
BACOMA exit window. 

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2. 

Conditions for the Repair of Square mesh Panels.  

a. 

For the purpose of inspection it is necessary to describe detailed rules for the 
repair of damaged square meshes in the square mesh BACOMA exit window: 

i. 

ii. 

It is prohibited to use a square mesh BACOMA exit window which has 
10% or more meshes repaired. 

Square meshes which have been damaged shall be repaired according to 
the prescribed method. 

iii.  A repaired mesh is any mesh opening which is affected by a repair. 

b.  Method for Repairing the "BACOMA" exit window. 

i. 

Clean  the  hole  by  melting  the  ends of the twine around the edge of  the 
hole to prevent the twines from un-braiding. 

ii.  Count the meshes to be replaced. Prepare a patch using knotless braided 
single  twine  that  is  the  same  material,  diameter  and  strength  of  the  net 
needing to be patched. 

iii.  The  patch  should  be  two  meshes  larger  in  each  direction  than  the 
cleaned-up hole to provide sufficient netting to overlap the edges of the 
hole. 

iv.  Clean the patch by melting the ends of the twine around the edge of the 

patch. 

v. 

Lay  the  patch  over  the  hole  and  lace  it  to  the  existing  netting  using 
braided twine, as shown in the illustration. 

vi.  Make sure to lace the crosses of the netting together. 

vii.  Continue  lacing  around  the  hole  so  that  you  have  at  least  two  rows  of 

lacing around the patch. 

viii.  The patched hole will resemble this illustration when finished. 

EN 

27 

   EN 

 
 
 
Side

Top

Lifting
bag

Trawl body (=net cone)
Tapered section

Extension piece
Untapered section

Codend
Untapered section

Figure 1. 
Trawl gear can be divided into three different sections according to shape and 
function.  The  trawl  body  is  always  a  tapered  section  often  between  10  and  40  m  long.  The 
extension piece is an untapered section normally manufactured of either one or two pieces of 
nets  giving  a  stretched  length  between  6  or  12  m.  The  codend  is  also  an  untapered  section 
often  made  of  double  twine  in  order  to  have a  better  resistance  against  heavy  wearing.  The 
codend length is often 6 metres although shorter codends (2-4) exists in smaller vessels. The 
part below the lifting strap is called lifting bag 

EN 

28 

   EN 

 
Figure 2 

Extension piece 

Codend 

Escape Window, Square mesh panel 

Upper panel, max 50 open diamond meshes 

Lower panel, max 50 open diamond meshes 

Selvedges 

Joining round or lacing 

Lifting strap 

Back strap 

Codline 

Distance of window from codline ( Fig 3 and 4 ) 

Buoy rope 

A 

B 

C 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

Codend buoy 

EN 

29 

   EN 

 
 
MOUNTING OF WINDOW PANEL 

Figure 3  

110mm Square mesh panel (25bars) 

Joining of Square mesh panel to selvedge 

Joining of Square mesh panel to Diamond Mesh net 

2 diamond meshes bars / bar in a square mesh 

105mm Diamond Mesh net (Max 50 0pen meshes) 

Distance  of  the  window  panel  from  the  cod  line.  The  window  shall  terminate  not 
more than 4 meshes from the codline, inclusive of the hand braided row of meshes 
through which the codline is passed 

A 

B 

C 

D 

E 

F 

One row of hand-braided cod line row 

9 

A

B

C

D

E

F

EN 

30 

   EN 

 
 
A 

B 

C 

D 

E 

F 

G 

MOUNTING OF WINDOW PANEL 

Figure 4 

110mm Square mesh panel (20 bars) 

Joining of Square mesh panel to selvedge 

Joining of Square mesh panel to Diamond Mesh net 

2 diamond meshes bars / 1bar in a square mesh 

105mm Diamond Mesh net (Max 50 0pen meshes) 

Distance  of  the  window  panel  from  the  cod  line.  The  window  shall  terminate  not 
more than 4 meshes from the codline, inclusive of the hand braided row of meshes 
through which the codline is passed 

One row of hand-braided cod line row 

Max 10% in both sides of open meshes D 

G

B

A

C

D

E

F

EN 

31 

   EN 

 
 
ANNEX III 

GILLNETS, ENTANGLING NETS AND TRAMMEL NETS: Mesh size ranges and target species 

Target species 

Mesh size range (millimetres) 

16 – 31  16 – 89  32 - 89 

90 - 
109 

110 - 
156 

≥157 

22 - 24 

25 - 32 

22 - 24 

22 - 32 

22 – 32 

Sub-divisions 

22 - 32 
Minimum percentage of target species 

Sprat (Sprattus sprattus) 
Herring (Clupea harengus) 
Sole (Solea vulgaris) 
Plaice (Pleuronectes platessa) 
Whiting (Merlangius merlangus) 
Brill (Scophthalmus rhombus) 
Dab (Limanda limanda) 
Flounder (Platichthys flesus) 
Lemon sole (Microstomus kitt) 
Turbot (Psetta maxima) 
Cod (Gadus morhua) 
Salmon (Salmo salar) 
Sea trout (Salmo trutta) 

901 
* 

901 
* 
* 

901 
* 
* 

90 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 

90 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 

90 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 

1. The catch retained on board shall consist of no more than 3% of cod by live weight. 

EN 

32 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX IV 

MINIMUM LANDING SIZES 

Species 

Geographical area 

Minimum size 

Cod (Gadus morhua) 

Subdivisions 22-32 

Flounder (Platichthys flesus) 

Subdivisions 22 to 32 

Plaice (Pleuronectes platessa) 

Subdivisions 22 to 32 

Turbot (Psetta maxima) 

Subdivisions 22 to 32 

Brill (Scophthalmus rhombus) 

Subdivisions 22 to 32 

Eel (Anguilla anguilla) 

Subdivisions 22 to 32 

Salmon (Salmo salar) 

Subdivisions 22 to 32 

38 cm 

21 cm 

25 cm 

30 cm 

30 cm 

35 cm 

60 cm 

EN 

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ANNEX V 

CORRELATION TABLE 

Council Regulation (EC) No 88/98 

This Regulation 

Article 1 

Article 2 

Article 3(1) and (2) 

Article 3(3)  

Article 3 (4) 

Article 3(5) 

Article 4 

Article 5(1) 

Article 5(2) and (3) 

Article 6 

Article 7 

Article 8(1) 

Article 8(2) 

Article 8(3) 

Article 8(4) 

Article 9(1) 

Article 9(2) 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 10(4) 

Article 11 

Article 12 

Article 1 

Article 21 

Article 17 

Article 18 (1) 

– 

– 

– 

Article 3 

Article 8 

Article 14 

Article 5 

Article 16(1) 

Article 16(2) 

Article 7 

Article 16(3) 

Article 22 

Article 10(1) 

– 

Article 27(2) 

Article 11 

– 

Article 28 

Article 29 

EN 

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Article 13 

Article 14 

Article 15 

Article 16 

Annex I 

Annex II 

Annex III 

Annex IV 

Annex V 

Annex VI 

Article 30 

Article 31 

Article 34 

Article 35 

Annex I 

– 

Annex IV 

Annexes II and III 

Appendix to Annex II 

Annex V 

EN 

35 

   EN