Commission Regulation (EC) No 1805/2005 of 3 November 2005 amending Regulation (EC) No 356/2005 laying down detailed rules for the marking and identification of passive fishing gear and beam trawls
Date: 2005-11-03
Institutions: European Commission
Subjects: application of EU law, derogation from EU law, fishing net, fishing regulations, fishing vessel

L 290/12

EN

Official Journal of the European Union

4.11.2005

COMMISSION REGULATION (EC) No 1805/2005

of 3 November 2005

amending Regulation (EC) No 356/2005 laying down detailed rules for the marking and
identification of passive fishing gear and beam trawls

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

‘Article 14

Intermediary marker buoys

Having regard to the Treaty
Community,

establishing the European

Intermediary marker buoys shall be fixed to passive

1.
gear extending more than 5 nautical miles as follows:

Having regard to Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to the
common fisheries policy (1), and in particular Articles 5(c) and
20a(3) thereof,

(a)

intermediary marker buoys shall be deployed at distances
of not more than 5 nautical miles so that no part of the
gear extending 5 nautical miles or more shall be left
unmarked;

Whereas:

(1)

(2)

(3)

(4)

It is necessary to specify the marking and identification
of passive gear in the common fisheries policy. Therefore
Commission Regulation (EC) No 356/2005 of 1 March
2005 laying down detailed rules for the marking and
identification of passive fishing gear and beam trawls (2)
was adopted.

Experience gained and recent advice from Member States
show that the deployment of intermediary marker buoys,
as
required in Article 14 of Regulation (EC) No
356/2005, gives rise to practical difficulties in their full
implementation.

(b) intermediary marker buoys shall have the same character-
istics as those of the end marker buoy in the eastern
sector except that the flags shall be white.

By derogation from paragraph 1, in the Baltic Sea inter-
2.
mediary marker buoys
shall be fixed to passive gear
extending more than 1 nautical mile. Intermediary marker
buoys shall be deployed at distances of not more than 1
nautical mile so that no part of
the gear extending 1
nautical mile or more shall be left unmarked.

Intermediary marker buoys shall have the same characteristics
as those of the end marker buoy in the eastern sector except
for the following:

should be revised by taking account of

The frequency of deployment of intermediary marking
buoys
the
specific conditions prevailing in different Community
fishing areas.

(a)

the flags shall be white;

(b) every fifth intermediary marker buoys shall be fitted with
a radar reflector giving an echo at least 2 nautical miles.’

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

Article 2

HAS ADOPTED THIS REGULATION:

Article 15 of Regulation (EC) No 356/2005 shall be replaced by
the following:

Article 1

‘Article 15

Article 14 of Regulation (EC) No 356/2005 shall be replaced by
the following:

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

Journal of

(1) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

(2) OJ L 56, 2.3.2005, p. 8.

It shall apply from 1 January 2006.’

4.11.2005

EN

Official Journal of the European Union

L 290/13

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

Article 3

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

Done at Brussels, 3 November 2005.

For the Commission

Joe BORG
Member of the Commission