Council Regulation (EC) No 2187/2005 of  21 December 2005  for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98
Date: 2005-12-21
Institutions: Council of the European Union
Subjects: Baltic Sea, conservation of fish stocks, fishery resources, fishing area, fishing net, technical regulations

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2187/2005

of 21 December 2005

for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and
the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

taking

Pursuant to Articles 2 and 4 of Council Regulation (EC)
No 2371/2002 of 20 December 2002 on the conser-
vation and sustainable exploitation of fisheries resources
under the Common Fisheries Policy (3), the Council is to
establish,
scientific,
technical and economic advice, Community measures
necessary
living aquatic
resources that provides sustainable economic, environ-
mental and social conditions. To that end, the Council
may adopt technical measures to limit fishing mortality
and the environmental impact of fishing activities.

exploitation of

to ensure

available

account

into

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 Decision 83/414/EEC (4).

Since it was established by the Gdansk Convention, the
International Baltic Sea Fishery Commission (IBSFC) 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 recommen-
dations to modify those technical measures.

It is appropriate for the Community to give effect to such
recommendations. However, since the IBSFC may be
superseded by bilateral cooperation with the Russian

(1) OJ C 125, 24.5.2005, p. 12.
(2) Opinion delivered on 13 October 2005 (not yet published in the

Official Journal).

(3) OJ L 358, 31.12.2002, p. 59.
(4) OJ L 237, 26.8.1983, p. 4.

should not

the Community rules

Federation,
follow
strictly those recommendations but should rather seek
to establish a 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.

Regulation (EC) No 88/98 (5) laid down certain technical
measures for the conservation of fishery resources in the
waters of the Baltic Sea, the Belts and the Sound.

The application of Regulation (EC) No 88/98 has brought
to light certain deficiencies in that Regulation which have
resulted 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 each species should be fixed taking
into account
the
the selectivity of
fishing gear which can be used for that species.

the mesh size of

Scientific information indicates that there are large by-
catches of juvenile cod in eel fishery with trawls. The
should therefore be
fishing of eel with active gear
prohibited.

exploitation

The Gulf of Riga is a unique and rather sensitive marine
ecosystem which requires special measures to ensure
sustainable
to
of
minimise the impact of fishing activities. Article 21 of
the 2003 Act of Accession, therefore, provides that the
is to amend Regulation (EC) No 88/98 before
Council
the date of accession with a view to adopting the
necessary conservation measures in the Gulf of Riga.

resources

and

its

(5)

(6)

(7)

(8)

(9)

(10)

(5) OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation

(EC) No 289/2005 (OJ L 49, 22.2.2005, p. 1).

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In order to control fishing activities, access to the Gulf of
Riga should be subject
fishing permits as
referred to in Council Regulation (EC) No 1627/94 of
27 June 1994 laying down general provisions concerning
special fishing permits (1).

to special

maritime waters under the sovereignty or jurisdiction of the
Member States and situated in the geographical area specified
in Annex I.

(11)

(12)

(13)

(14)

(15)

Scientific information indicates that, for cod, towed gears
without exit window and with normal diamond knotted
netting in the codend and the extension piece are less
selective than those with the BACOMA type exit window
or where the netting in the codend and extension piece is
turned 90°.
to allow,
within Community waters and for Community vessels,
the use of towed gears without the BACOMA type exit
window or without
the netting in the codend and
extension piece being turned 90° when cod is a target
species.

is therefore appropriate not

It

Regulation (EC) No 1434/98 (2)
under which herring may be landed for
purposes other than direct human consumption.

laid down conditions
industrial

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 by
general provisions on unsorted landings in this Regu-
lation. Regulation (EC) No 1434/98 should be amended
accordingly.

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 Commission (3).

(16) Amendments to Annex I and to Appendices 1 and 2 to
Annex II to this Regulation should also be adopted in
accordance with Decision 1999/468/EC.

(17)

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:

Article 2

Definitions

For the purposes of this Regulation:

(a)

‘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;

(i)

(ii)

‘trawl’ means gear which is actively towed by one or
more fishing vessels and consisting of a net having a
cone- or pyramid-shaped body (as trawl body) closed
at the back by a codend;

‘beam trawl’ means gear with a trawl net open hori-
zontally 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;

(iii) ‘Danish seine’ means

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

(iv) ‘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;

(v)

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

the bottom of

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

(1) OJ L 171, 6.7.1994, p. 7.
(2) OJ L 191, 7.7.1998, p. 10.
(3) OJ L 184, 17.7.1999, p. 23.

(b)

‘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, trap-
nets, lines, pots and traps. 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;

(i)

‘gillnet’ and ‘entangling net’ means gear 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;

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(ii)

‘trammel net’ means gear made up of two or more
pieces of net hung jointly in parallel on a single
headline and held vertically in the water by floats
and weights;

(n)

‘extension piece’ means an untapered section of the trawl
having a cylindrical shape, i.e. the same circumference as
the codend throughout, attached to or a continuation of
the codend.

(iii) ‘lines’ means a number of connected lines, either set at
the bottom or drifting, each bearing a large number of
baited hooks;

(c)

‘hooks’ means a bent, sharpened piece of steel wire usually
with barb;

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

‘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 last 8 m 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;

‘back strap’ means the rearmost round strap attached to the
codend, measured when the meshes
stretched
lengthwise;

are

‘lifting strap’ means a piece of rope encircling the circum-
ference of the codend or the strengthening bag, if any, and
attached to it by means of loops or rings;

‘round strap’ means a piece of rope encircling the circum-
ference of the codend or the strengthening bag and which
is attached to it;

‘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;

(l)

‘codend buoy’ means a buoyant unit attached to the
codend;

(m) ‘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

Target species

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 when fishing with trawls, Danish seines
and similar gears and as defined in Annex III when fishing
with gillnets, entangling nets and trammel nets. No part of
the gears or nets shall have a mesh size less than the smallest
mesh size within each mesh size range.

2.
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 set out in Annex II
and Annex III.

During any fishing voyage when dredges are carried on
3.
board, the retention on board and the landing of any quantity
of living aquatic resources shall be prohibited unless at least
85 % of the live weight thereof consists of molluscs and/or
Furcellaria lumbricalis.

The use, within a subdivision, of gillnets or entangling
than those referred to in

4.
nets having mesh sizes smaller
Annex III shall be prohibited.

The use, within a subdivision, of trammel nets with mesh
5.
size in that part of the net having the largest meshes that does
not correspond to one of the categories set out in Annex III
unless the mesh size in the part of the net having the smallest
meshes is smaller than 16 mm shall be prohibited. If the mesh
size in the smallest meshes is less than 16 mm, all meshes with
a mesh size above 16 mm shall correspond to the categories set
out in Annex III.

For each fishing voyage,

6.
landings shall be prohibited
whenever the catch taken in the subdivisions listed in Annex
I, and retained on board, does not comply with the corre-
sponding conditions laid down in Annex II or Annex III.

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Article 4

A strengthening bag may be laced:

Calculation of percentages of target species

1.
The percentages of target species referred to in Annexes II
and III shall be calculated as the proportion by live weight of all
species listed in Annexes II and III which are either retained on
board after sorting or landed.

(a) circumferentially to the codend and the extension piece

around one row of meshes; or

(b) longitudinally along a single row of meshes.

2.
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 Annexes II and III retained on board.

3.
The quantities of species listed in Annexes II and III that
have been transhipped from a fishing vessel shall be taken into
account when calculating the percentages of target species for
that vessel.

The percentages of target species may be calculated on the

4.
basis of one or more representative samples.

SECTION II

Active gear

Article 5

Structure of fishing gear

No device shall be used which obstructs or otherwise

1.
diminishes the mesh in the codend.

By way of derogation from paragraph 1,

2.
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,

4.
permitted to:

it shall be

(a) use in active gear a non-return net or flapper. The flapper
may be attached either inside the codend or in front of the
codend. The provisions on minimum mesh sizes laid down
in Annex II shall not apply to the flapper. 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;

(b) attach to the outside of any part of the codend a sensor
dedicated to the measurement of the volume of the catches;

(c) use round straps and a lifting strap attached to the outside
of the codend when fishing with trawls, Danish seines or
similar gears with a mesh size smaller than 90 mm;

(d) use one lifting strap attached to the outside of the codend
when fishing with trawls, Danish seines or similar gears
with a mesh size equal to or larger than 90 mm;

(e) attach floats on the two lateral selvedges of the codend;

(f) use a back strap attached to the outside of the codend. The
distance between the back strap and the codline shall be
equal to or smaller than 50 cm.

Article 6

Specific prohibited structures

Use of the following shall be prohibited:

3.
By way of derogation from paragraph 1, when fishing
with trawls, Danish seines or similar gears with a mesh size
less than 90 mm, it shall be permitted to attach to the outside
of
the
the codend a strengthening bag. The mesh size of
strengthening bag shall be at least twice as large as that of
the codend and in no case less than 80 mm.

(a) 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;

(b) any extension piece in which the circumference at any point
is smaller than the circumference of the foremost end of the
codend to which the extension piece is joined;

A strengthening bag may be attached at the following points:

(c) any codend of mesh size equal to or greater than 32 mm in

which any mesh is not diamond or square;

(a) at its forward edge;

(b) at its rear edge; or

(c) circumferentially between the rear and front part.

(d) any trawl, Danish seine or similar gear with a mesh size
equal
to or larger than 90 mm to which a codend is
attached by any means other than being sewn into that
part of the net anterior to the codend;

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(e) any trawl, Danish seine or similar gear with a mesh size
equal to or larger than 90 mm having more than 100 open
diamond meshes and less than 40 open diamond meshes in
any circumference of the codend, excluding the joining or
the selvedges;

By way of derogation from paragraph 3, in subdivisions
4.
25 to 32 the maximum number of vessels which may be
authorised by a Member State to keep driftnets on board or
use them for fishing shall not exceed 40 % of the fishing vessels
which used driftnets during the period 2001 to 2003.

(f) any codend where the stretched length of the top half is not
approximately equal to the stretched length of the bottom
half.

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

Article 7

Selectivity in trawl fisheries for cod

The Commission shall, on the basis of advice from the
Scientific, Technical and Economic Committee for Fisheries,
later than September 2007 an
present
assessment of the selectivity on cod of active gears for which
cod is recognised as target species.

to the Council not

SECTION III

Passive gear

Article 8

Dimensions and immersion time

1. Where fishing is conducted using gillnets, entangling nets
or trammel nets, the use of more than 9 km of nets for vessels
with an overall length of up to and including 12 m and 21 km
of nets for vessels with an overall length of more than 12 m
shall be prohibited.

The immersion time of the nets referred to in paragraph 1

2.
shall not exceed 48 hours.

Article 10

Conditions for driftnets

The master of a fishing vessel using driftnets shall keep a
1.
logbook in which he shall record the following information on
a day-to-day basis:

(a)

the total length of the nets on board;

(b) the total length of the nets used in each fishing operation;

(c)

the quantity, date and position of by-catches of cetaceans.

All fishing vessels using driftnets shall keep on board the

2.
authorisation referred to in Article 9(2).

SECTION IV

Common provisions on gear and its use

Article 11

3.
By way of derogation from paragraph 2, the immersion
time of nets referred to in paragraph 1 when fishing under the
ice cover shall not be limited.

Determination of mesh size and twine thickness

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 (1) shall apply.

Article 9

Restrictions on driftnets

From 1 January 2008 it shall be prohibited to keep on

1.
board, or use for fishing, driftnets.

In 2006 and 2007, a vessel may keep on board, or use for
2.
fishing, driftnets if authorised to do so by the competent autho-
rities of the flag Member State.

In 2006 and 2007,

3.
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.

Article 12

Reaching of required catch percentages

1.
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 before each landing.

2.
Notwithstanding paragraph 1, whenever during a fishing
voyage a vessel leaves any of the groups of subdivisions listed in
Annexes II and III, 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.

(1) OJ L 22, 25.1.2003, p. 5.

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Article 13

Article 15

Conditions for use of gear

Retention on board of undersized fish

1.
Gear that may not be used within a certain geographical
area or during a certain period shall be stowed away 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 trawls, Danish seines and similar gears with
the exception of pair trawl:

(i)

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

1.
Undersized fish shall not be retained on board or be
sold, displayed or
transhipped,
offered for sale, but shall be returned immediately to the sea.

transported,

landed,

stored,

2.
For fish other than those defined in Annex II as target
species for the mesh size categories ‘smaller than 16 mm’ or ‘16
to 31 mm’ caught with trawls, Danish seines or similar gears of
a mesh size less than 32 mm, or with purse seines, paragraph 1
shall not apply, provided that those fish are not sorted and not
sold, displayed or offered for sale for human consumption.

(ii) sweep lines or warps are unshackled from the trawl

boards or weights;

CHAPTER IV

RESTRICTIONS RELATING TO CERTAIN AREAS, TYPES OF
FISHERIES OR LIVING AQUATIC RESOURCES

(b) in the case of pair

trawl,
unshackled and stowed away;

the wing tip weights are

Article 16

Prohibited areas

(c)

in the case of lines, gillnets, entangling nets and trammel
nets:

(i)

the nets are stowed under a lashed cover,

(ii) the lines and hooks are kept in closed boxes;

(d) in the case of purse seines, the main or bottom wire is

unshackled from the seine.

3.
By way of derogation from paragraph 1, where any 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 14

Measurement of fish

1.
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.

It shall be prohibited throughout the year, to fish with any
active gear in the geographical area enclosed by sequentially
joining with rhumb lines the following positions, which shall
be measured according to the WGS84 coordinate system:

1. 54° 23′ N, 14° 35′ E

2. 54° 21′ N, 14° 40′ E

3. 54° 17′ N, 14° 33′ E

4. 54° 07′ N, 14° 25′ E

5. 54° 10′ N, 14° 21′ E

6. 54° 14′ N, 14° 25′ E

7. 54° 17′ N, 14° 17′ E

8. 54° 24′ N, 14° 11′ E

9. 54° 27′ N, 14° 25′ E

10. 54° 23′ N, 14° 35′ E

Article 17

Restrictions on fishing for salmon and sea trout

The retention on board of salmon (Salmo salar) or sea

1.
trout (Salmo trutta) shall be prohibited:

(a)

from 1 June to 15 September in waters of subdivisions
22 to 31;

2.
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.

(b) from 15 June to 30 September in waters of subdivision 32.

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The area of prohibition during the closed season shall be

2.
beyond four nautical miles measured from the baselines.

(b) the engine power of a vessel must not exceed 221 kilowatts

(kW) at any time.

3.
By way of derogation from paragraph 1, the retention on
board of salmon (Salmo salar) or sea trout (Salmo trutta) caught
with trap-nets shall be permitted.

Article 21

Replacement of vessels or engines

Article 18

Restrictions on fishing for eel

1.
Any individual vessel on the list referred to in Article
20(2) may be replaced by another vessel or vessels, provided
that:

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

(a) such replacement does not lead to an increase in the total
engine power as indicated in Article 20(3)(a) in the Member
State concerned, and

Article 19

(b) the engine power of any replacement vessel does not exceed

Restrictions on unsorted landings

Unsorted catches

shall be landed only at ports and
1.
landings sites where a sampling programme referred to in
paragraph 2 is in operation.

221 kW at any time.

An engine of any individual vessel

2.
referred to in Article 20(2) may be replaced, provided that:

included in the list

2. Member States shall ensure that an adequate sampling
programme allowing effective monitoring of unsorted landings
by species is in place.

(a)

the replacement of an engine does not lead to the vessel's
engine power exceeding 221 kW at any time, and

CHAPTER V

SPECIFIC MEASURES FOR THE GULF OF RIGA

Article 20

Special fishing permit

(b) the power of the replacement engine is not such that repla-
cement leads to an increase in the total engine power as
indicated in Article 20(3)(a)
the Member State
concerned.

for

Article 22

Trawling prohibition

1.
In order to fish in subdivision 28-1, vessels shall hold a
special fishing permit issued in accordance with Article 7 of
Regulation (EC) No 1627/94.

In subdivision 28-1, fishing with trawl shall be prohibited in
waters of less than 20 m in depth.

to which the
2. Member States shall ensure that vessels,
special
fishing permit referred to in paragraph 1 has been
issued, are included in a list, containing their name and
internal registration number, made publicly available via an
Internet website, the address of which shall be provided to
the Commission and Member States by each Member State.

Vessels included in the list shall satisfy the following

3.
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 subdivision 28-1; and

CHAPTER VI

GENERAL PROVISIONS

Article 23

Prohibited fishing gear and practices

1.
The catching of living aquatic resources using methods
incorporating the use of explosives, poisonous or stupefying
substances, electric current or any kind of projectile shall be
prohibited.

The sale, display or offer

2.
living aquatic
resources caught using methods referred to in paragraph 1
shall be prohibited.

sale of

for

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Article 24

Scientific research

(a) supplement measures set out in Community fisheries Regu-

lations; or

1.
This Regulation shall not apply to fishing operations
conducted solely for the purpose of scientific investigations
subject to the following conditions:

(b) go beyond minimum requirements set out in Community

fisheries Regulations.

(a)

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

2. Measures referred to in paragraph 1 shall apply solely to
the fishermen of the Member State concerned and shall be
compatible with Community law.

(b) the Member State or Member States in whose waters the
research is carried out must have been informed in advance
of the fishing operations; and

3.
The Member State concerned shall communicate such
measures without delay to the other Member States and the
Commission.

(c)

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

shall

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

Notwithstanding paragraph 1,

2.
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
and, for resources for which fishing opportunities are fixed,
such opportunities are not exhausted; or

(b) they are sold directly for purposes other

than human

consumption.

Article 25

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
another
Member State or Member States, all
the Member States
concerned shall be informed in advance.

in the waters of

carried out

Article 26

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

States may,

1. Member
and
management of stocks or to reduce the effect of fishing on
the marine eco-system,
take technical measures designed to
limit fishing opportunities which:

conservation

the

for

If the Commission concludes that the measures do not
5.
comply with the conditions laid down in paragraph 1 it shall
adopt a decision requiring the Member State to withdraw or
modify the measures.

Article 27

Scientific assessment of gear types

By 1 January 2008,
scientific assessment of
gillnets,
conducted and its
Parliament and Council.

the Commission shall ensure that a
the effects of using in particular
trammel nets and entangling nets on cetaceans is
findings presented to the European

CHAPTER VII

FINAL PROVISIONS

Article 28

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.

Article 29

Amendments to the Annexes

Amendments to Annex I and to Appendices 1 and 2 to Annex
II shall be adopted in accordance with the procedure referred to
in Article 30(3) of Regulation (EC) No 2371/2002.

31.12.2005

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Official Journal of the European Union

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Article 30

4.

in Article 3, paragraph 2 shall be replaced by the following:

Amendments to Regulation (EC) No 1434/98

Regulation (EC) No 1434/98 is hereby amended as follows:

1.

in Article 1, paragraph 2 shall be deleted;

2.

in Article 2, paragraphs 2 and 3 shall be deleted;

‘2.
However, any herring caught with any fishing gear
within the conditions specified in Article 2 may be landed
for purposes other than direct human consumption.’

Article 31

Repeal

3.

in Article 3, paragraph 1 shall be replaced by the following:

Regulation (EC) No 88/98 shall be repealed.

‘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, 2 or 3 with any fishing gear other than

towed nets,

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 32

Entry into force

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

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.’;

It shall apply from 1 January 2006.

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

Done at Brussels, 21 December 2005.

For the Council
The President

B. BRADSHAW

L 349/10

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ANNEX I

Subdivisions of the geographical area referred to in Article 1 to be measured according to the WGS84
coordinate system

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; 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 28-1
The waters bounded 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 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.

31.12.2005

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Official Journal of the European Union

L 349/11

Subdivision 28-2
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, southwards along the west coast of Saaremaa to latitude 57°
57,4760′ N and longitude 21° 58,2789′ E; then south to a point situated at latitude 57° 34,1234′ N and longitude 21°
42,9574′ E; then following the Latvian coast southwards 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.

L 349/12

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Official Journal of the European Union

31.12.2005

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31.12.2005

EN

Official Journal of the European Union

L 349/13

Appendix 1

Specifications of top window codend BACOMA

1. Description

(a) Identification of window

(i) The window shall be a rectangular section of netting in the codend. There shall be only one window.

(b) Size of the codend, extension piece and the rear end of the trawl

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

(ii) The minimum mesh size of the diamond meshes shall be 105 mm. The material of the yarn shall be of
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) The use of codends and extension pieces which are made of only one piece of net material and have only one

selvedge shall be prohibited.

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

(c) Location of window

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

(ii) The window shall terminate not more than four meshes from the codline, inclusive of the hand-braided row of

meshes through which the codline is passed (Figure 3 or 4).

(d) Size of 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 m.

(iii) By way of derogation from point ii the length of the window shall be at least 4 m if a sensor dedicated to the

measurement of the volume of the catches is attached to the window.

(e) Netting of window

(i) 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 all bars.

(ii) 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 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 5 mm.

(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. 4 m for a codend of circumference of between 100 and 89 diamond meshes measured in front of the

window;

L 349/14

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Official Journal of the European Union

31.12.2005

2. 3,5 m for a codend of circumference between 88 and 75 diamond meshes measured in front of the

window and;

3. 3 m for a codend of circumference of less than 75 diamond meshes measured in front of the window.

(iii) A back strap shall not encircle the BACOMA exit window. It shall be made of rope not more than 20 mm in

diameter and be at least 2 m long.

(iv) A codend buoy shall be spherical in shape and have a maximum diameter of 40 cm. It shall be fastened

through the buoy rope to the cod line.

(v) A flapper shall not overlap the BACOMA exit window.

2. Conditions for the repair of square mesh panels

(a) General conditions

(i) The use of a square mesh BACOMA exit window which has 10 % or more meshes repaired shall be

prohibited.

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

(iii) A repaired mesh is any mesh where the mesh opening is reduced by a repair of damaged meshes or by the

joining of two pieces of knotless square mesh netting.

(b) Method for repairing the damaged meshes in the BACOMA exit window

(i)

Clean the hole.

(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 no more than two meshes larger in each direction than the cleaned-up hole to provide

sufficient netting to overlap the edges of the hole.

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

(v) Make sure to lace the crosses of the netting together.

(vi) Continue lacing around the hole so that you have at least two rows of lacing around the patch.

(vii) The patched hole will resemble the above illustration when finished.

31.12.2005

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Official Journal of the European Union

L 349/15

Trawl gear can be divided into three different sections according to shape and function. The trawl body is always a
tapered section. The extension piece is an untapered section normally manufactured of either one or two pieces of nets.
The codend is also an untapered section often made of double twine in order to have a better resistance against heavy
wearing. The part below the lifting strap is called lifting bag.

Figure 1

L 349/16

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Official Journal of the European Union

31.12.2005

Figure 2

A Extension piece

B Codend

C Escape window, square mesh panel

1 Upper panel, maximum 50 open diamond meshes

2 Lower panel, maximum 50 open diamond meshes

3 Selvedges

4 Joining round or lacing

5 Lifting strap

6 Back strap

7 Codline

8 Distance of window from codline (Figures 3 and 4)

9 Buoy rope

10 Codend buoy

31.12.2005

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Official Journal of the European Union

L 349/17

Figure 3

MOUNTING OF WINDOW PANEL

A 110 m square mesh panel (25bars)

B Joining of square mesh panel to selvedge

C Joining of square mesh panel to diamond mesh net, except edge bars of window from both sides

Two diamond meshes/one bar in a square mesh

D 105 mm diamond mesh net (maximum 50 open meshes)

E Distance of the window panel from the codline. The window shall terminate not more than four meshes from the

codline, inclusive of the hand-braided row of meshes through which the codline is passed

F One row of hand-braided codline meshes

L 349/18

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Official Journal of the European Union

31.12.2005

Figure 4

MOUNTING OF WINDOW PANEL

A 110 mm square mesh panel (20 bars)

B Joining of square mesh panel to selvedge

C Joining of square mesh panel to diamond mesh net, except edge bars of window from both sides

2 diamond meshes/1 bar in a square mesh

D 105 mm diamond mesh net (max 50 open meshes)

E Distance of the window panel from the codline. 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

F One row of hand-braided codline meshes

G Maximum 10 % in both sides of open meshes D

31.12.2005

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Official Journal of the European Union

L 349/19

Appendix 2

SPECIFICATIONS OF THE TRAWL

(a) Definition

1. T90 trawls are defined as trawls, Danish seines and similar gears having a codend and extension piece produced
from diamond knotted netting turned 90° so that the main direction of run of the netting twine is parallel to the
towing direction.

2. The direction of run of the netting twine in a standard diamond knotted net (A) and in a net turned 90° (B) is

illustrated in Figure 1 below.

Figure 1

(b) Mesh size and masurement

The mesh size shall be at least 110 mm. By way of derogation from Article 5(1) of Regulation (EC) No 129/2003, the
mesh size in the codend and the extension piece shall be measured perpendicular to the longitudinal axis of the
fishing gear.

(c) Twine thickness

The material of the yarn of the codend and the extension piece shall be of 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. This provision
shall not apply to the rear most row of meshes in the codend if fitted with a codline.

(d) Construction

1. A codend and extension of turned meshes (T90) shall be constructed from two panels of equal dimensions, with
the same number of meshes in width and length, and with the mesh orientation described above, joined by two
lateral selvedges. Each panel shall be constructed with non-slip knots and in such a way that the meshes remain
fully open at all times when in use.

2. The number of open meshes in any circumference must be constant from the front part of the extension to the

rear most part of the codend.

L 349/20

EN

Official Journal of the European Union

31.12.2005

3. At the point of attachment of the codend or extension piece to the tapered part of the trawl, the number of
meshes in circumference of the codend or extension piece must be 50 % of the last row of meshes of the tapered
part of the trawl.

4. A codend and extension piece is illustrated in Figure 2 below.

(e) Circumference

The number of meshes in any circumference in the codend and the extension piece, excluding joinings and selvedges
shall be no more than 50.

(f)

Joining rounds

The forward edge of the panels composing both codend and extension piece shall be fitted out with a braided row of
half meshes. The aft edge of codend panel shall be fitted out by a full row of braided meshes able to guide the codline.

(g) Lifting strap

The length of the lifting strap shall be no less than 3,5 m.

(h) Codend buoy

A codend buoy shall be spherical in shape and have a maximum diameter of 40 cm. It shall be fastened through the
buoy rope to the codline.

Figure 2

31.12.2005

EN

Official Journal of the European Union

L 349/21

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L 349/22

EN

Official Journal of the European Union

31.12.2005

ANNEX IV

Minimum landing sizes

Species

Geographical area

Minimum size

Cod (Gadus morhua)

Subdivisions 22-32

Flounder (Platichthys flesus)

Subdivisions 22 to 25

Subdivisions 26 to 28

Subdivisions 29 to 32, south of 59° 30’ N

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 30 and 32

Subdivision 31

Sea trout (Salmo trutta)

Subdivisions 22 to 25 and 29 to 32

Subdivision 26 to 28

38 cm

23 cm

21 cm

18 cm

25 cm

30 cm

30 cm

35 cm

60 cm

50 cm

40 cm

50 cm

31.12.2005

EN

Official Journal of the European Union

L 349/23

ANNEX V

Correlation table

Council Regulation (EC) No 88/98

Article 1

Article 2

Article 3(1) and (2)

Article 3(3)

Article 3(4)

Article 3(5)

Article 4

Article 5(1) and (3)

Article 5(2)

Article 6

Article 7

Article 8(1)

Article 8(2)

Article 8(3)

Article 8(4)

Article 8a

Article 8b

Article 9(1)

Article 9(2)

Article 10(1)

Article 10(2)

Article 10(3)

Article 10(4)

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Annex I

Annex II

Annex III

Annex IV

Annex V

Annex VI

This Regulation

Article 1

—

Article 14

Article 15(1)

—

—

—

Article 3

—

Article 11

Article 5

Article 13(1)

Article 13(2)

Article 16

Article 13(3)

Article 9

Article 10

Article 17

Article 8(1)

—

Article 23(1)

—

—

Article 24

Article 25

Article 26

Article 28

Article 31

Article 32

Annex I

—

Annex IV

Annexes II and III

Appendix 1 to Annex II

Annex V