Proposal for a Council Regulation concerning the conservation of fisheries resources through technical measures {SEC(2008)1977} {SEC(2008)1978}
Date: 2008-06-04
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishery resources, fishing area, fishing net, fishing regulations, protection of animal life

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.6.2008 
COM(2008) 324 final 

2008/0112 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the conservation of fisheries resources through technical measures 

(presented by the Commission) 

{SEC(2008)1977} 
{SEC(2008)1978} 

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EXPLANATORY MEMORANDUM 

1) 

Context of the proposal 

•  Grounds for and objectives of the proposal 

This  proposal  intends  to  simplify  the  current  regulatory  framework  concerning  the 
conservation of fisheries resources through technical measures by replacing: 

- 
Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of 
fishery resources through technical measures for the protection of juveniles of marine 
organisms1. 

- 
Council  Regulation  (EC)  No  2549/2000  of  17  November  2000  establishing 
additional  technical  measures  for  the  recovery  of  the  stock  of  cod  in  the  Irish  Sea 
(ICES Division VIIa)2. 

Council Regulation (EC) No 850/98 embodies the current conditions for Community 
waters  outside  the  Baltic  Sea,  the  Black  Sea  and  the  Mediterranean  Sea  relating  to 
technical  measures  for  the  conservation  of fish  stocks  by  protection  of  juveniles  of 
marine organisms. 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  marine 
organisms. 

During  the  2002  reform  of  the  Common  Fisheries  Policy,  the  Commission  and 
Council  agreed  to  implement  progressively  recovery,  management  and  long-term 
plans concerning fisheries resources of interest to the Community. Such plans have 
been established concerning most stocks of cod in Community waters, two stocks of 
hake, two stocks of nephrops, two stocks of sole as well as stocks of plaice and sole 
in the  North Sea, whereby  the  conditions laid down in Regulation  (EC) No  850/98 
have been amended and/or augmented. 

In  addition,  Regulation  (EC)  No  850/98  has  been  the  subject  of  10  amending 
Regulations not necessarily related to long-term plans. 

It  is  necessary  to  incorporate  all  of  these  revised  conditions  in  a  comprehensive 
package  of  technical  measures.  This  package  of  technical  measures  is  intended  to 
achieve a broad range of objectives. A key objective is the protection of juvenile fish 
and  an  important  part  of  these  measures  is  designed  to  limit  their  capture,  for 
example,  by  measures  to  improve  the  selectivity  of  fishing  gear  or  fixing  certain 
closed  seasons/areas.  Other  measures  are  intended  to  protect  certain  species  or 
ecosystems by limiting fishing effort, for example, by the adoption of closures. The 
need  to  reduce  discards  is  also  reflected  in  the  adoption  of  appropriate  technical 
measures. 

Furthermore,  technical  measures  should  be  adapted  to  the  context  of  the 
establishment  of  Regional  Advisory  Councils  (RACs)  by  Council  Decision  of  19 
July  2004  establishing  Regional  Advisory  Councils  under  the  Common  Fisheries 
Policy3.  A  balance  needs  to  be  established  between  measures  which  are  generally 

1 
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3 

OJ L 125, 27.4.1998, p. 1 
OJ L 292, 21.11.2000, p. 5. Regulation as last amended by Regulation (EC) No 1456/2001 of 16 July 
2001 
OJ  L  256,  3.8.2004,  p.  17.  Decision  as  last  amended  by  Council  Decision  of  11  June 
2007(2007/409/EC) 

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applicable in all areas and measures which are applicable specifically on a regional 
basis as defined by the Regional Advisory Council (RAC) Areas or in the waters off 
the coasts of the French departments of Guyana, Martinique, Guadalupe and Reunion 
that come under the sovereignty or jurisdiction of France.  

Therefore the structure of the proposed Regulation provides for a Council Regulation 
based  on  Article  37  of  the  EC  Treaty,  which  includes  all  common  permanent 
measures for all areas, i.e. the guiding principles. The measures applicable in each of 
the RAC areas or in the waters off the coasts of the French departments of Guyana, 
Martinique, Guadalupe and Reunion that come under the sovereignty or jurisdiction 
of  France,  i.e.  purely  technical  aspects  of  a  regional  nature,  should  then  be 
implemented through separate Commission Regulations by Management Committee 
procedure, on the basis of the Council Regulation. 

As  a  matter  of  procedure  and  timing,  this  approach  requires  that  the  Council 
Regulation is adopted before the regional Commission Regulations can be adopted. 

General context 

In June 2004, under the initiative of the Irish Presidency, the Commission presented 
a  Communication  to  the  Council  and  the  European  Parliament:  “Promoting  more 
environmentally-friendly  fishing  methods:  the  role  of  technical  conservation 
measures”4.  Subsequently,  the  Council  adopted  conclusions  on  21  June  2004,  in 
which  the  Council  invited  the  Commission  to  present  a  new  proposal  on  technical 
measures in the Atlantic, to replace Council Regulation (EC) No 850/98 of 30 March 
1998  for  the  conservation  of  fishery  resources  through  technical  measures  for  the 
protection of juveniles of marine organisms5. 

The 2006 – 2008 Action Plan for simplifying and improving the Common Fisheries 
Policy6  (the  Action  Plan),  sets  out  that  priority  is  to  be  given  to  simplifying 
legislation concerning measures for the conservation of fish stocks through technical 
measures  for  the  protection  of  juveniles  of  marine  organisms,  currently  set  out  in 
Regulation (EC) No 850/98 after consulting the Member States and the industry. 

Simplification  is  one  of  the  key  objectives  of  the  proposed  regulation,  taking  into 
account  the  reactions  from  the  Council,  European  Parliament,  the  Economic  and 
Social  Committee  and 
the  stakeholders  (the  Committee  for  Fisheries  and 
Aquaculture (ACFA) and the RACs) to the Action Plan. 

On  the  basis  of  a  non-paper  on  future  technical  measures  in  the  Atlantic,  the 
Commission  has  consulted  the  RACs  concerned7  during  2006,  as  well  as  ACFA  in 
September 2005. 

The objective of this proposal is not to change the level of ambition of the technical 
conservation  measures,  for  instance  by  a  major  shift  towards  larger  mesh  sizes. 
Although  the  Commission  considers  that  sustainable  fishing,  particularly  for 
demersal  fisheries,  calls  for  a  substantial  increase  in  the  selectivity  of  fishing  gear, 
the  priority  is  to  establish  a  new  set  of  simpler,  clearer  rules.  Improvements  in 
selectivity will then be brought about gradually through future amendments of these 
rules,  in  parallel  with  the  general  improvement  in  the  conservation  status  of 

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COM(2004) 438 final 
OJ L 125, 27.4.1998, p. 1 
COM(2005)647 final 
NS RAC, NWW RAC, SWW RAC 

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Community fish stocks to be achieved through other elements of conservation policy, 
such as multi-annual plans. 

All  provisions  must  be  simple,  understandable,  and  controllable  and  must  have  a 
positive  effect  on  the  conservation  of  the  species,  on  the  protection  of  the  marine 
habitats or on the reduction of discards. 

The proposal applies to commercial and recreational fishing in all European waters 
except for the Mediterranean Sea, the Baltic Sea, the Black Sea, and in fisheries for 
highly migratory fish stocks in all waters, for which specific rules apply. It will bring 
together  most  of  the  existing  technical  measures  in  various  Community  regulations 
for  the  Atlantic  and  the  North  Sea,  although  a  few  measures  that  are  currently  in 
separate regulations will remain separate8.  

Harmonisation / regionalisation 

The  Commission  believes  that  a  regional  approach  should  be  favoured,  since  this 
would be more amenable to the involvement of the stakeholders in the process. The 
involvement  of  stakeholders  is  essential  because  it  leads  to  commitment  to  the 
measures  and  ensure  a  greater  likelihood  of  compliance  of  the  adopted  measures. 
Such regionalisation would not mean re-nationalisation of the technical measures. 

The  regulation  will  not  alter  the  balance  of  competences  between  the  Community 
and Member States as laid down in Council Regulation (EC) No 2371/2002. 

Guiding principles vs. technical or regional rules 

The proposed Council Regulation concentrates on measures that would be expected 
to be permanent. It would also, however, lay down the procedures to be applied when 
dealing  with  measures  that  would  be  expected  to  evolve  rather  quickly  and  with 
measures  that  are  very  technical.  For  the  latter,  the  Regulation  should  favour  the 
application of a procedure for adoption of new rules through comitology procedure. 
This  approach  is  intended  to  meet  the  concern  of  Member  States  to  reduce  or 
eliminate  interim  technical  measures  from  the  annual  TAC  and  quota  regulation, 
while  taking  account  of  the  fact  that  the  application  of  technical  measures  is  very 
often a matter of urgency. 

Evaluation 

A common priority for the Member States, the European Parliament and stakeholders 
is  the  need  to  evaluate,  before  and  after  their  implementation,  the  consequences  of 
technical  measures.  The  effectiveness  of  many  of  the  provisions  under  Regulation 
(EC)  No  850/98  has  never  been  evaluated,  and  those  measures  have  remained  in 
force regardless of their value for conservation. 

A  fundamental  principle  will  be  that  the  measures  provided  for  in  this  Regulation 
should  be  evaluated  after  a  certain  time  to  reassess  the  need  for  them.  Another 
guiding principle will be that when new and substantial measures are proposed (such 
as  significant  increases  in  mesh  sizes),  the  Commission  will  carry  out,  if  the  data 
available allow it, a prior evaluation of their likely effects. 

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Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning incidental 
by-catches of cetaceans in fisheries and amending Regulation (EC) No 88/98. This Regulation not only 
covers  the  North  Sea,  but  also  the  Mediterranean  Sea  and  the  Baltic  Sea  and  will  therefore  remain 
separate 

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•  Existing provisions in the area of the proposal 

Council Regulation (EC) No 850/98 and subsequent amendments. 

Council Regulation (EC) No 2549/2000. 

•  Consistency with the other policies and objectives of the Union 

The proposal will serve the objectives of the CFP. 

2) 

Consultation of interested parties and impact assesments 

•  Consultation of interested parties 

Two  non-papers  which  set  out  the  intentions  of  the  Commission  in  relation  to  the 
revision,  codification  and  simplification  of  Regulation  (EC)  No  850/98  were 
prepared by the Commission services for the consultation of interested parties. The 
proposal  is  based  on  several  consultations  with  Member  States  as  well  as 
representatives  for  stakeholders  in  the  North  Sea  RAC,  the  North  Western  Waters 
RAC and the South Western Waters RAC. 

Among  the  consulted  parties  there  was  a  general  agreement  on  the  need  for 
simplification  and  harmonisation  but  also  on  the  need  to  take  into  account  the 
regional characteristics of the fisheries and a fisheries based approach as well as to 
put together in one regulation all technical measures. Furthermore there was a strong 
request for clarification as well as for the need of an improvement of selectivity of 
fishing  gears  for  bottom  trawling.  All  of  these  comments  have  been  taken  into 
account in the proposal. 

Collection and use of expertise 

The  Scientific,  Technical  and  Economic  Committee  for  Fisheries  (STECF)  has 
provided  advice  on  the  closed  areas9  and  on  the  influence  of  the  main  factors 
affecting  the  codend  selectivity10.  Gear  technology  experts  have  met  in  the 
framework  of  the  bilateral  fisheries  Agreement  between  the  EU  and  Norway  to 
discuss the selectivity in the North Sea11.  

The  report  of  the  ICES-FAO  Working  Group  on  Fish  Technology  and  Fish 
Behaviour (WGFTFB) on EU Regulations on technical measures has been taken into 
account12. 

An expert meeting with netmakers on technical measures was held in Brussels on 3 
July 2007. 

Impact assessment 

The  Commission  carried  out  an  Impact  assessment  of  the  Proposal,  resulting  in  a 
report which will be accessible on the web site of DG Fisheries and Maritime Affairs 
within the European Commission. 

Simplification  is  a  key  objective  of  the  new  proposed  regulation.  The  specific 
operational aims are as follows: 

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Meetings of the STECF Working Group 19 -23 March 2007 and 15 – 19 March 2007 
Meeting of the STECF Working Group 11 -15 June 2007 
4 -6 June 2007, Aalesund, Norway 
ICES WGFTFB Report 2005 (ICES CM 2005/B:04) 

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•  to incorporate all revised conditions and amendments in a comprehensive package 

of technical measures which is easy to understand, control and enforce; 

•  to  establish  a  balance  between  measures  which  are  generally  applicable  in  all 
areas  and  measures  which  are  applicable  specifically  on  a  regional  basis  as 
defined by the Regional Advisory Council (RAC) Areas. 

The  scope  of  the  proposal  is  not  to  change  the  substance  of  related  legislation 
extensively,  but  to  change  the  legislative  approach  and  therefore  the  likely 
environmental, social and economic impacts are modest. 

In  the  Impact  Assessment  report  the  following  options  were  considered,  and  the 
proposal corresponds to the option set out under the third indent: 

-  'Status  quo'  option:  this  approach  means  taking  no  specific  steps  to  simplify  or 
modify the technical measures legislation for Atlantic and the North Sea at this stage 
and  continuing  with  fisheries  management  in  its  current  form.  This  option  had 
already  been  debated  in  the  Council,  which  concluded  that  a  new  proposal  was 
necessary  and  called  on  the  Commission  to  propose,  after  consultation  with  the 
stakeholders, a new regulation for technical conservation measures. 

-  'Simplification  only'  option:  this  option  would  simplify  technical  measures  and 
harmonise  them  across  the  board,  without taking  into  account  the  regional  or  other 
specific considerations. Not adapting the measures to the specific local needs and the 
bottom-up approach, would achieve no improvement of effectiveness of the technical 
measures.  By  not  promoting  more  environmentally-friendly  fishing  methods  i.e. 
discards policy, such a proposal would go against the Commission action plan 2006-
2008 for improvement of the CFP. This is the reason why this option was discarded 
from the outset and not been analysed further. 

-  'Simplification  and  regionalisation'  option:  this  option  proposes  a  new  legislative 
package, which not only simplifies current complex rules but also introduces specific 
provisions  for  each  'RAC  area',  reflecting  regional  differences.  Such  a  legislative 
proposal is a reply to the request from the Council to review the technical measures 
rules with a view to their simplification and adopting a more regionalised approach 
in order to improve their effectiveness. A comprehensive and coherent package with 
the  right  balance  between  measures  generally  applicable  in  all  areas  and  those 
specific to the localised RAC areas will be proposed, namely one framework Council 
Regulation  with  general  principles  and  provisions,  and 
the  complementary 
Commission  Regulations  with  specific  technical  rules  for  each  'RAC  area'.  Such  a 
revision of technical measures will comply with the Commission action plan 2006-08 
for simplification and improvement of the CFP. 

3) 

Legal elements of the proposal 

•  Summary of the proposed action 

Replacement  and  repeal  of  Council  Regulation  (EC)  No  850/98  and  repeal  of 
Council Regulation (EC) No 2549/2000 . 

•  Legal basis 

Article 37 of the EC Treaty. 

•  Subsidiarity principle 

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This proposal falls within the scope of the CFP, which is the exclusive competence 
of the Community. The subsidiarity principle does not apply. 

•  Proportionality principle 

Pursuant to Article 2(1) of Council Regulation (EC) No 2371/2002 of 20 December 
2002 on the conservation and sustainable exploitation of fisheries resources under the 
Common  Fisheries  Policy13,  the  CFP  shall  ensure  exploitation  of  living  aquatic 
resources  that  provides  sustainable  economic,  environmental  and  social  conditions. 
For  this  purpose  the  Community  shall  apply  the  precautionary  approach  in  taking 
measures  designed  to  protect  and  conserve  living  aquatic  resources,  to  provide  for 
their  sustainable  exploitation  and  to  minimise  the  impact  of  fishing  activities  on 
marine-ecosystems. 

According  to  Article  4(1)  of  Regulation  (EC)  No  2371/2002,  to  achieve  this 
objective,  the  Council  Shall  establish  Community  measures  governing  access  to 
waters and resources and the sustainable pursuit of fishing activities. 

Article  4(2)(g)  of  Regulation  (EC)  No  2371/2002  further  establishes  that  these 
measures  may,  in  particular,  include  measures  for  each  stock  or  group  of  stocks  to 
limit fishing mortality and the environmental impact of fishing activities by adopting 
technical measures. 

As the proposal will serve the objectives of the CFP it is found to comply with the 
principle of proportionality. 

•  Choice of instruments 

Proposed instrument: Council Regulation 

Other means would not be adequate, for the following reasons: the proposal concerns 
replacement and repeal of a Council Regulation. 

4) 

Budgetary implication 

The proposal has no implications for the Community budget. 

13 

OJ L 358, 31.12.2002, p. 59 

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2008/0112 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the conservation of fisheries resources through technical measures 

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 Commission14, 
Having regard to the opinion of the European Parliament15, 
Having regard to the opinion of the European Economic and Social Committee16, 
Having regard to the opinion of the Committee of the Regions17, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Regulation  (EC)  No  850/9818  lays  down  certain  technical  measures  for  the 
conservation of fishery resources. 

The  Council,  in  its  conclusions  of  June  2004  to  promote  more  environmentally 
friendly  fishing  methods,  recommended  that  the  technical  measures  for  the  Atlantic 
and  the  North  Sea  be  revised  with  the  aim  of  simplification  and  taking  into 
consideration  regional  characteristics.  The  Council  called  on  the  Commission  to 
propose,  after  consultation  with  the  sector,  a  simplified  proposal  for  technical 
measures. 
In its Communication from June 200419, the Commission proposed ways in which the 
Community can further promote the use of environmentally-friendly fishing methods, 
particularly through technical conservation measures, while taking account of the need 
to  find  a  balance  between  environmental  and  economic  objectives.  The  use  of  such 
fishing methods should be taken into account. 

In  April  2006  the  Council  endorsed  a  Commission  Action  Plan  on  simplification  of 
Community  legislation.  In  light  of  the  conclusions  of  this  Action  Plan,  all  technical 
measures  disseminated  in  various  Regulations,  including  the  annual  Regulation  on 
fishing opportunities and recovery plans for certain stocks, and should be integrated in 
one Regulation. 

(5) 

This  Regulation  should  establish  technical  measures  for  the  North  East  Atlantic,  the 
Eastern  Central  Atlantic  and  the  waters  off  the  coasts  of  French  departments  of 

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OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 2166/2005.  
COM(2004)438 final 

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Guyana,  Martinique,  Guadalupe  and  Reunion  that  come  under  the  sovereignty  or 
jurisdiction  of  France  only,  as  technical  measures  for  the  Baltic  Sea  and  the 
Mediterranean  are  established  in  Council  Regulation  (EC)  No  2187/2005  of  21 
December  2005  concerning  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  88/9820  and  in  Council  Regulation  (EC) 
No  1967/2006  of  21  December  2006  concerning  management  measures  for  the 
sustainable  exploitation  of  fishery  resources  in  the  Mediterranean  Sea,  amending 
Regulation  (EEC)  No  2847/93  and  repealing  Regulation  (EC)  No  1626/9421, 
respectively.  

Technical  measures  should  be  adapted  to  the  context  of  the  new  Common  Fisheries 
Policy adopted in 2002, in particular regarding the establishment of Regional Advisory 
Councils (RACs) by Council Decision of 19 July 2004 establishing Regional Advisory 
Councils  under 
the  consideration  of 
environmental aspects, such as the protection of marine habitats and the reduction of 
discards.  

the  Common  Fisheries  Policy22,  and 

A balance needs to be established between adapting technical conservation measures 
to the diversity of the fisheries and the need for homogenous rules which are easy to 
apply  as  well  as  between  measures  which  are  generally  applicable  in  all  areas  and 
measures which applicable specifically on a regional basis as defined by the Regional 
Advisory Council (RAC) Areas.  

Article 174 of the Treaty establishes the principle that all Community measures must 
integrate  environmental  protection  requirements  notably 
the 
precautionary principle. 

light  of 

the 

in 

The  implementation  of  the  commitment  to  develop  non-destructive  fishing  practises, 
as recommended by the World Summit on Sustainable Development in Johannesburg 
in 2002, should be continued.  

(6) 

(7) 

(8) 

(9) 

(10)  The measures provided for in this Regulation should be evaluated after a certain time 

to reassess their effectiveness and justification.  

(11) 

In  Directive  92/43/EC,  the  Council  laid  down  measures  for  conservation  of  natural 
habitats and of wildlife and fauna. Some of the species of marine organisms that fall 
within the scope of this Regulation are protected by the requirements of that Directive.  

(12)  To ensure the protection of marine biological resources and the balanced exploitation 
of  fishery  resources  in  the  interests  of  both  fishermen  and  consumers,  technical 
conservation  measures  should  be  laid  down,  specifying  the  inter  alia  the  mesh  sizes 
and  combinations  thereof  appropriate  for  the  capture  of  certain  species  and  other 
characteristics of fishing gear, and the minimum sizes of marine organisms, as well as 
limitations of fishing within certain areas and with certain gear and equipment.  

(13)  The  manner  in  which  the  size  of  marine  organisms  is  to  be  measured  should  be 

defined.  

20 
21 
22 

OJ L 349, 31.12.2005, p. 1. Regulation as last amended by Regulation (EC) No 809/2007.  
OJ L 409, 30.12.2006. 11. 
OJ L 256, 3.8.2004, 17. Decision as last amended by Decision 2007/409/EC (OJ L 155, 15.6.2007, p. 
68) 

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(14) 

In  order  not  to  hinder  scientific  research,  artificial  restocking  or  transplantation,  this 
Regulation  should  not  apply  to  operations  which  may  be  needed  for  the  conduct  of 
such activities.  

(15)  A  vessel  must  immediately  move  to  another  area  when  maximum  by-catches  are 

exceeded.  

(16)  The  dimensions  and  immersion  time  and  depth  of  certain  passive  gears  should  be 

fixed.  

(17)  Where  conservation  is  seriously  threatened,  the  Commission  and  Member  States 
should  be  authorised  to  take  appropriate  provisional  measures  to  be  implemented  in 
real time.  

(18)  Additional  national  measures  of  a  strictly  local  character  may  be  maintained  or 

adopted in conformity with the Common Fisheries Policy.  

(19)  The measures necessary for the implementation of this Regulation, including specific 
provisions for each area covered by a Regional Advisory Council, should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures  for 
the 
Commission23. 

implementing  powers  conferred  on 

the  exercise  of 

the 

(20) 

In view of the number and scope of the changes to be made to the rules, Regulation 
(EC) No 850/98 should be repealed and replaced by a new text, 

HAS ADOPTED THIS REGULATION: 

CHAPTER I 

SCOPE AND DEFINITIONS 

Article 1 

Scope 

This Regulation, shall apply: 

(a) 

to the fishing for, the retention on board, the transhipment, and the landing of fishery 
resources where such activities are pursued:  

(i) 

in Community waters of the fishing zones and waters referred to in Article 2; 

(ii)  by Community fishing vessels in non Community waters of the fishing zones 

referred to in Article 2(1); 

(iii)  by nationals of Member States in non Community waters of the fishing zones 
referred to in Article 2(1) without prejudice to the primary responsibility of the flag 
State; 

(b) 

to the storage, sale, display or offer for sale of fishery products caught in the fishing 
zones and waters referred to Article 2; 

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OJ L 191, 7.7.1998, p. 10 

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(c) 

to the import of fishery products caught outside the fishing zones and waters referred 
to  in  Article  2  or  caught  anywhere  by  a  third-country  fishing  vessel  as  regards  the 
provisions set out in Article 4. 

Article 2 

Definitions of fishing zones 

1. 

(a) 

(b) 

2. 

This Regulation shall apply to the following fishing zones, where they are included 
in one of the areas specified in Article 2(1)(c) to (f) of Decision 585/2004/EC: 

the ICES (International Council for the Exploration of the Sea) zones as defined in 
Regulation (EEC) No 3880/9124;  

the CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones 34.1.1, 
34.1.2 and 34.2.0 (waters around Madeira and Canary Islands), as defined in Council 
Regulation (EC) No 2597/9525.  

This Regulation shall apply to the waters off the coasts of the French departments of 
Guyana,  Martinique,  Guadalupe  and  Reunion  that  come  under  the  sovereignty  or 
jurisdiction of France. 

Article 3 

Other definitions 

For  the  purpose  of  this  Regulation,  in  addition  to  the  definitions  laid  down  in  Article  3  of 
Regulation (EC) No 2371/2002, the following definitions shall apply: 

'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  a  bottom  trawl  in  which  the  horizontal  opening  of  the  net  is 
provided by a beam; 

'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 made up of net, which is similar to a bottom trawl in design and size, 
comprises two long wings, a body and a bag (codend); 

'towed  gear'  means  trawls,  Danish  seines  and  similar  gear  with  a  cone-  or  pyramid 
shaped body closed at the back by a bag (codend) or comprising two long wings, a 
body and a bag (codend) and which are actively moved in the water; 

'codend' means the last 8 m of the towed gear measured from the codline when the 
mesh size is equal or more than 80 mm and means the last 20 m of the towed gear 
measured from the codline when mesh size is less than 80 mm; 

'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; 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

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25 

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(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

1. 

2. 

3. 

4. 

'round strap' means a piece of rope encircling the circumference of the codend or the 
strengthening bag and which is attached to it; 

'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; 

'gillnet' 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; 

'trammel  net'  means  a  net  made  up  of  two  or  more  pieces  of  net  hung  jointly  in 
parallel on a single headline; 

'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; 

'coastal  Member  State'  means  the  Member  State  having  sovereignty  or  jurisdiction 
over the waters in which the fishing operations are carried out. 

CHAPTER II 

COMMON PERMANENT MEASURES FOR ALL AREAS 

SECTION 1 
MINIMUM LANDING SIZE  

Article 4 

Minimum landing size of living aquatic resources 

A living aquatic resource shall be considered as undersized if it is smaller  than the 
minimum landing size specified in Annex I for the relevant species. 

Undersized living aquatic resources shall not be retained on board or be transhipped, 
landed,  transported,  stored,  sold,  displayed  of  offered  for  sale  but  shall  be  returned 
immediately to the sea. 

By  way  of  derogation  from  paragraph  2,  undersized  sardine,  anchovy,  horse 
mackerel or mackerel caught for use as live bait may be retained on board, provided 
they are retained alive. 

The  measurement  of  the  size  of  a  marine  organism  shall  take  place  in  accordance 
with the provisions laid down in Annex II. 

SECTION 2 
FISHING GEAR 

Article 5 

One net rule 

It shall be prohibited to carry on board, during any fishing voyage, any combination of nets of 
more than one range of mesh size. 

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Article 6 

Towed gear 

1. 

2. 

No  device  shall  be  used  which  obstructs  or  otherwise  diminishes  the  mesh  in  the 
upper half of the codend. 

By way of derogation from paragraph 1, it shall be permitted to: 

(a) 

attach, when fishing with towed gear with a mesh size less than 80 mm, to the 
outside of the codend a strengthening bag. The mesh size of the strengthening 
bag shall be at least twice as large as that of the codend; 

(b) 

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

(c) 

attach round straps and a lifting strap to the outside of the codend; 

(d) 

attach floats on the two lateral selvedges of the codend. 

3. 

It shall be prohibited to use: 

(a) 

(b) 

(c) 

(d) 

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. That 
prohibition  shall  not  apply  to  the  part  of  the  codend  where  an  authorized 
selective device is inserted; 

any codend of mesh size equal to or greater than 80 mm in which any mesh is 
not quadrilateral and in which the bars of the mesh are not approximately equal 
length; 

any  codend  where  the  stretched  length  of  the  top  half  is  not  approximately 
equal to the stretched length of the bottom half; 

any towed gear with a mesh size equal to or larger than 80 mm having more 
than 100 open meshes and less than 40 open meshes in any circumference of 
the codend, excluding the joining or the selvedges; 

(e) 

any codend of mesh size equal or more than 80 mm which is not constructed 
of: 

(i) 

single  twine  netting  material  in  which  no  twine  is  of  thickness  greater 
than 8 mm; or 

(ii)  double  twine  netting  material  in  which  no  twine  is  of  thickness  greater 

than 5 mm; 

By way of derogation from paragraphs (2)(a), (3)(b), (3)(d) and (3)(e), the mesh size 
of 80 mm shall be replaced by 60 mm when fishing in ICES zones VIII, IX and X. 

Article 7 

Beam trawls 

It shall be prohibited to use or retain on board any beam trawl of mesh size less than 
120 mm and equal or more than 80 mm unless the entire upper half of the anterior 
part of such a net consists of a panel of netting material of which no individual mesh 
is of mesh size less than 180 mm. The length of the panel shall be equal to or greater 
than half the length of the beam. The panel shall be attached directly to the headline 

4. 

1. 

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2. 

1. 

2. 

3. 

1. 

2. 

3. 

1. 

or to no more than three rows of netting material of any mesh size attached directly 
to the headline.  

It  shall  be  prohibited  to  use  or  retain  on  board  any  beam  trawl  of  which  the  beam 
length, or any beam trawls of which the aggregate beam length measured as the sum 
of the length of each beam, is greater than 24 meters or can be extended to a length 
greater  than  24  meters.  The  length  of  a  beam  shall  be  measured  between  its 
extremities including all attachments thereto. 

Article 8 

Gillnets and trammel nets 

Community vessels shall not deploy gillnets and trammel nets at any position where 
the charted depth is greater than 200 metres. 

The immersion time of gillnets and trammel nets shall not exceed 48 hours. 

Where fishing is conducted using gillnets and trammel nets, the use of more than 50 
km of nets shall be prohibited. 

Article 9 

Specific provisions on certain gillnets 

By way of derogation from Article 8, it shall be permitted to deploy gillnets with a 
mesh size equal to or greater than 120 mm and less than 150 mm north of 48°N or 
with  a  mesh  size  equal  to  or  greater  than  100  mm  and  less  than  130  mm  south  of 
48°N, in waters of less than 600 metres charted depth, provided that they are no more 
than 100 meshes deep, have a hanging ratio of not less than 0.5, and are rigged with 
floats  or  equivalent  floatation.  The  nets  shall  each  be  of  a  maximum  of  5  nautical 
miles  in  length,  and  the  total  length  of  all  nets  deployed  at  any  one  time  shall  not 
exceed 25km per vessel. The maximum immersion time shall be 24 hours. 

By way of derogation from Article 8, it shall be permitted to deploy gillnets with a 
mesh size equal to or greater than 250 mm, in waters of less than 600 metres charted 
depth, provided that they are no more than 15 meshes deep, have a hanging ratio of 
not  less  than  0.33,  and  are  not  rigged  with  floats  or  other  means  of  floatation.  The 
nets  shall  each  be  of  a  maximum  of  10km  in  length.  The  total  length  of  all  nets 
deployed  at  any  one  time  shall  not  exceed  100km  per  vessel.  The  maximum 
immersion time shall be 72 hours. 

The quantity of sharks retained on board by any vessel using the gillnets as referred 
to  in  paragraph  2  shall  be  no  more  than  5%  by  live-weight  of  the  total  quantity  of 
marine organisms retained on board. 

SECTION 3 
MEASURES TO REDUCE DISCARDS 

Article 10 

Real time moving to another area when maximum by-catches are exceeded 

Where the quantity of undersized fish caught exceeds 10% of the total quantity of the 
catches  in  any  one  haul,  the  vessel  shall  move  away  to  a  distance  of  at  least 
five nautical miles from any position of the previous haul before continuing fishing. 

EN 

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2. 

1. 

2. 

3. 

If the minimum and/or maximum percentages of target species, excluding undersized 
fish of the target species, allowed to be caught with the mesh size range admissible 
for that species and retained on board, in any one haul have not been in agreement 
with the percentages laid down in detailed rules adopted in accordance with Article 
22,  the  vessel  must  immediately  move  a  minimum  of  10  nautical  miles  from  any 
position of the previous haul and throughout the next haul keep a minimum distance 
of 10 nautical miles from any position of the previous haul. 

Article 11 

Restrictions on the use of automatic grading equipment  

The  carrying  or  use  on  board  a  fishing  vessel  of  equipment  which  is  capable  of 
automatically  grading  by  size  herring  (Clupea  harengus)  or  mackerel  (Scomber 
scombrus) or horse mackerel (Trachurus spp.) shall be prohibited. 

By way of derogation from paragraph 1, the carrying and use of such equipment shall 
be permitted where: 

(a) 

the whole of the catch which may be lawfully retained on board is stored in a 
frozen  state,  the  graded  fish  are  frozen  immediately  after  grading  and  no 
graded fish are returned to the sea; and 

(b) 

the equipment is installed and located on the vessel in such a way as to ensure 
immediate freezing and not to allow the return of marine organisms to the sea. 

By way of derogation from paragraph 1, any vessel authorised to fish in the Baltic, 
Belts or Sound may carry in the Kattegat automatic grading equipment as referred to 
in paragraph 1, provided that a special fishing permit has been issued to that effect. 
The special fishing permit shall define the species, areas, time periods and any other 
required  conditions  applicable  to  the  use  and  carriage  on  board  of  the  grading 
equipment. 

SECTION 4 
MEASURES FOR THE PROTECTION OF THE ENVIRONMENT 

Article 12 

Destructive fishing practices 

The catching, retention on board, the transhipment, storage, landing, sale, display or offer for 
sale of marine organisms caught using methods incorporating the use of explosives, poisonous 
or stupefying substances, electric current or any kind of projectile shall be prohibited. 

SECTION 5 
ON-BOARD OPERATIONS 

Article 13 

Processing operations 

1. 

The carrying out on board a fishing vessel of any physical or chemical processing of 
fish to produce fish-meal or fish-oil, or to tranship catches of fish for such purposes 
shall be prohibited.  

2. 

The prohibition set out in paragraph 1 shall not apply to the following activities: 

(a) 

the processing or transhipment of offal; 

EN 

15 

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(b) 

the production on board a fishing vessel of surimi and fish pulp. 

SECTION 6 
SPECIFIC MEASURES FOR CERTAIN SPECIES 

Article 14 

Restrictions on fishing for shrimps to protect flatfish 

1. 

It shall be prohibited to retain on board any quantity of common shrimps (Crangon 
spp.)  and  Aesop  shrimps  (Pandalus  montagui)  caught  with  demersal  towed  nets 
having any mesh size between 16 and 31 millimetres shall be prohibited, unless such 
quantity  does  not  exceed  5%  of  the  total  live  weight  of  the  marine  organisms  on 
board.  

2. 

The prohibition set out in paragraph 1 shall not apply if: 

(a) 

(b) 

the  vessel  has  installed  on  board  a  functioning  device  designed  to  separate 
flatfish from common shrimps and Aesop shrimps following capture; and 

a separator trawl or a trawl with a sorting grid is being used to catch common 
shrimps  and  Aesop  shrimps  in  conformity  with  detailed  rules  which  Member 
States  shall  establish.  Such  rules  may  be  applicable  only  to  nets  towed  by 
fishing vessels. 

Article 15 

Restrictions on fishing for salmon and sea trout 

In Community waters of the fishing zone referred to in Article 2(1)(a), where this fishing zone 
is  included  in  the  areas  specified  in  Article  2(1)(c)  to  (e)  of  Decision  585/2004/EC,  salmon 
and  sea  trout  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 when caught: 

(a) 

(b) 

within  the  waters  situated  outside  the  6-mile  limit  measured  from  Member  States' 
baselines except in the Skagerrak and Kattegat; 

within  any  part  of  the  Skagerrak  and  Kattegat  situated  outside  the  4-mile-limit 
measured from Member States' baselines; 

(c) 

when fishing with any towed gear. 

CHAPTER III 
NATIONAL AND REGIONAL MEASURES 

Article 16 

Emergency conservation measures taken by Member States 

1. 

Where the conservation of certain species or fishing grounds is seriously threatened, 
including where a high congestion of juvenile fish is detected, and where any delay 
would result in damage which would be difficult to repair, a Member State may take 
appropriate  conservation  measures  in  respect  of  the  waters  under  its  sovereignty  or 
jurisdiction.  The  Member  State  concerned  shall  ensure  that  such  measures  do  not 
discriminate against fishing vessels from other Member States. 

EN 

16 

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2. 

3. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

The measures referred to in paragraph 1 shall be of a maximum duration of 10 days, 
the  geographical  extension  of  the  affected  fishing  grounds  shall  be  clearly  defined 
and  the  measures  may  only  affect  fishing  vessels  that  are  equipped  to  catch  the 
species concerned and/or which have an authorisation to fish in the fishing grounds 
concerned. 

The measures referred to in paragraph 1, together with an explanatory memorandum, 
shall  be  communicated  simultaneously  to  the  Commission,  to  the  other  Member 
States and to the Regional Advisory Councils as soon as they are adopted. 

Article 17 

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

A  Member State  may, for the conservation and management of stocks or to reduce 
the  effect  of  fishing  on  the  marine  eco-system,  take  technical  measures  for  the 
conservation of fisheries resources applying only to the vessels flying its flag. Those 
measures may: 

(a) supplement measures set out in Community fisheries Regulations; 

or 

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

Measures referred to in paragraph 1 shall be compatible with Community law. 

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

Member  States  shall  supply  the  Commission,  on  its  request,  with  all  information 
needed for the assessment of whether the measures comply with paragraph 1. 

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

Article 18 

National and/or regional plans to reduce or eliminate discards 

Member  States  and/or  a  Regional  Advisory  Council  may  submit  proposals  to  the 
Commission on matters relating to the establishment of plans to reduce or eliminate 
discards  at  sea  and  improve  selectivity  of  fishing  gears.  The  Commission  shall 
evaluate  such  proposals  and  present  its  observations  thereto  to  the  Member  State 
and/or  Regional  Advisory  Council,  especially  as  regards  how  the  plans  will 
contribute to the reduction or elimination of discards, within three months of the date 
of receipt.  

Where any delay in reducing or eliminating discards would result in damage which 
would be difficult to repair, a Member State may take appropriate non-discriminatory 
conservation measures in respect of the waters under its sovereignty or jurisdiction in 
accordance with Article 16. 

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CHAPTER IV 

EXCLUDED ACTIVITIES 

Article 19 

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) 

(c) 

(d) 

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

if appropriate the coastal Member State must have been informed in advance of 
the fishing operations; 

the  vessel  conducting  the  fishing  operations  must  carry  on  board  an 
authorisation issued by the flag Member State; 

if requested by the coastal Member State to the flag Member State, the master 
of  the  vessel  shall  take  on  board  an  observer  from  the  coastal  Member  State 
during the fishing operations. 

2. 

Marine  organisms  caught  for  the  purposes  specified  in  paragraph 1  may  be  sold, 
stored, displayed or offered for sale, provided that: 

(a) 

they  meet  the  standards  laid  down  in  Annex I  to  this  Regulation  and  the 
marketing  standards  adopted  pursuant 
to  Article 2  of  Regulation (EC) 
No 104/200026, or 

(b) 

they are sold directly for purposes other than human consumption. 

Article 20 

Artificial restocking and transplantation 

This  Regulation  shall  not  apply  to  fishing  operations  conducted  solely  for  the  purpose  of 
artificial  restocking  or  transplantation  of  marine  organisms  which  are  carried  out  with  the 
permission  and  under  the  authority  of  a  Member  State.  Where  those  fishing  operations  are 
carried out in the waters of another Member State, the Commission and all the Member States 
concerned shall be informed in advance. 

CHAPTER V 
FINAL PROVISIONS 

Article 21 

Evaluation of the efficiency of technical measures 

Each  five  years,  starting  five  years  after  the  entry  into  force  of  this  Regulation,  the 
Commission  shall,  on  the  basis  of  advice  from  the  Scientific,  Technical  and  Economic 
Council  for  Fisheries  (STECF)  and  after  consultation  of  the  relevant  Regional  Advisory 

26 

OJ L 17, 21.1.2000, p. 22 

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18 

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Councils  submit  to  the  European  Parliament  and  to  the  Council  a  report  on  the 
implementation  of  this  Regulation  including  an  assessment  of  the  impact  of  technical 
measures  on  the  conservation  of  fisheries  resources.  On  the  basis  of  that  report,  the 
Commission will propose to the Council any necessary amendments. 

Article 22 

Detailed 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 No 2371/2002. These rules shall lie 
down in particular: 

(a) 

(b) 

(c) 

(d) 

the  minimum  and  maximum  percentages  of  the  target  species  among  the  living 
aquatic resources retained on board; 

the mesh size ranges admissible for each target species; 

provisions  for  the  reduction  or  elimination  of  discards  and  the  improvement  of  the 
selectivity of fishing gear; 

measures  concerning  the  restriction  of  fishing  activities  in  specific  periods  and/or 
specific areas referred to in Article 2 on the basis of the best scientific information 
available in order to protect marine habitats in those areas; 

(e) 

other technical measures to protect marine habitats or fishery resources. 

Article 23 

Procedure for amendments to the Annexes 

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

Article 24 

Repeal 

1. 

2. 

Regulations (EC) No 850/98 and (EC) No 2549/2000 are hereby repealed. 

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

Article 25 

Entry into force 

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

It shall apply from xx xx 2009.  

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

EN 

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Done at Brussels,  

For the Council 
The President 

EN 

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Annex I 

Minimum landing sizes 

Fish 

Cod (Gadus morhua) 

Saithe (pollachius virens) 

Hake (Merluccius merluccius) 

Megrim (Lepidorhombus spp.) 

Sole (Solea spp.) 

Bass (Dicentrarchus labrax) 

Mackerel (Scomber spp.) 

Horse mackerel (Trachurus spp.) 

Herring (Clupea harengus) 

Sardine (sardina pilchardus) 

Anchovy (Engraulis encrasicolus) 

Crustaceans 

35 cm 

35 cm 

27 cm 

20 cm 

24 cm 

36 cm 

20 cm 

15 cm 

20 cm 

11 cm 

12 cm 

Norway lobster (Nephrops norvegicus) 

85 mm (total length) 

25 mm (carapace length) 

Norway lobster tails 

Spinous spider crab (Maia squinado) 

Edible crab (Cancer pagurus) 

46 mm 

120 mm 

140 mm 

Molluscs 

Octopus (Octopus vulgaris) 

Scallop (Pecten maximus) 

450 grammes (gutted) 

100 mm 

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Annex II 

Measurement of the size of marine organism 

1. 

2. 

3. 

4. 

The size of any fish shall be measured from the tip of the snout to the end of the tail 
fin. 

The size of a Norway lobster shall be measured as the length of the carapace, parallel 
to the midline, from the back of either eye socket to the distal edge of the carapace, 
and/or, as the total length, from the tip of the rostrum to the rear end of the telson, not 
including  the  setae,  and/or,  in  the  case  of  detached  Norway  lobster  tails:  from  the 
front edge of the first tail segment present to the rear end of the telson, not including 
the setae. The tail shall be measured flat, unstretched and on the dorsal side. 

The size of a spinous spider crab or an edible crab shall be measured respectively, as 
the  minimum  width  of  the  carapace  measured  perpendicular  to  the  antero-posterior 
midline of the carapace. 

The  size  of  any  bivalve  mollusc  shall  be  measured  across  the  longest  part  of  the 
shell. 

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Annex III 

Correlation table 

Regulation (EC) No 850/98 

Present Regulation 

Article 1 
Article 2 
Article 3 
Article 4(1) 
Article 4(2) 
Article 4(3) 
Article 4(4) 
Article 4(5) 
Article 4(6) 
Article 5 
Article 6(1) 
Article 6(2) 
Article 6(3) 
Article 7 
Article 8 
Article 9 
Article 10 
Article 11 
Article 12 
Article 13 
Article 14 
Article 15 
Article 16 
Article 17 
Article 18(1) 
Article 18(2) 
Article 18(3) 
Article 18(4) 
Article 19(1) 
Article 19(2) 
Article 19(3) 
Article 20 
Article 21 
Article 22 
Article 23 
Article 25 
Article 26 
Article 27 
Article 28 
Article 29 
Article 29a 
Article 29b 
Article 30(1) 
Article 30(2) 

EN 

Article 1 
Article 2 
Article 3 

Article 6(3)(d) 
Article 6(3)(a) 

Article 6(3)(e) 
Article 6(3)(b) 

Article 6(1) 
Article 4(1) 
Article 4(4) 

Article 4(2) 

Article 4(3) 

Article 14 
Article 15 

Article 7(2) 

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Article 30(3) 
Article 30(4) 
Article 30(5) 
Article 31 
Article 32 
Article 33 
Article 34 
Article 35 
Article 36 
Article 37 
Article 38 
Article 39 
Article 40 
Article 42 
Article 43 
Article 44 
Article 45 
Article 46 
Article 47 
Article 48 
Article 49 
Article 50 
Annex I 
Annex II 
Annex III 
Annex IV 
Annex V 
Annex VI 
Annex VII 
Annex VIII 
Annex IX 
Annex X 
Annex XI 
Annex XII 
Annex XIII 
Annex XIV 
Annex XV 

Article 12 
Article 11 

Article 13 
Article 19 
Article 20 
Article 16 
Article 17 

Article 22 

Article 25 

Annex I 
Annex II 

Annex III 

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