Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and repealing Council Regulation (EC) No 1288/2009
Date: 2012-06-21
Institutions: European Commission
Subjects: EU waters, catch quota, conservation of fish stocks, fishing rights, sea fish

EUROPEAN COMMISSION 

Brussels, 21.6.2012  
COM(2012) 298 final 

2012/0158 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 850/98 concerning the conservation of fishery 
resources through technical measures for the protection of juveniles of marine 
organisms and repealing Council Regulation (EC) No 1288/2009 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Following  the  entry  into  force  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU),  technical  conservation  measures  could  no  longer  be  included  in  the  annual 
Regulation  on  fishing  opportunities  on  a  transitional  basis,  as  that  Regulation  could  only 
contain  measures  on  the  fixing  and  allocation  of  fishing  opportunities,  whereas  so-called 
'associated conditions' relevant for the use of fishing opportunities, but not functionally linked 
thereto, would have to be adopted via co-decision.  

Accordingly,  in  2008  the  Commission  presented  a  proposal  for  a  Council  Regulation1 
concerning  the  conservation  of  fisheries  resources  through  technical  measures,  intended  to 
replace Regulation (EC) No 850/98 concerning the conservation of fishery resources through 
technical  measures  for  the  protection  of  juveniles  of  marine  organisms2  and  to  provide  for 
permanent implementation of the technical measures laid down in the annual Regulation on 
fishing  opportunities  on  a  transitional  basis.  However,  due  to  a  failure  to  reach  political 
agreement, this proposal was withdrawn in October 2010. 

To ensure that the technical conservation measures contained in Regulation (EC) No 43/2009 
fixing  for  2009  the  fishing  opportunities3  would  remain  in  place  from  1  January  2010,  the 
Council adopted Regulation (EC) No 1288/2009 establishing transitional technical measures 
from  1  January  2010  to  30  June  20114.  That  Regulation  provided  for  continuation  of  those 
technical  measures  on  a  transitional  basis  for  18  months  until  30  June  2011.  The  measures 
were further extended for another 18 months under Regulation (EU) No 579/20115 as it had 
not  yet  been  possible  to  incorporate  them  into  the  existing  technical  measures  Regulation 
(EC) No 850/98 (or a new Regulation replacing that Regulation) by 30 June 2011.  

It  is  the  intention  of  the  Commission  to  revise  Regulation  (EC)  No  850/98  after  and  in 
accordance  with  the  Common  Fisheries  Policy  reform  which  is  currently  in  the  process  of 
negotiation. Thus a new technical measures Regulation cannot be ready for entry into force by 
1  January  2013.  Consequently,  a  solution  is  needed  to  ensure  that  the  transitional  technical 
measures are maintained after 31 December 2012, to allow time to develop a new framework 
for technical measures. 

The  technical  measures  contained  in  Regulations  (EC)  No  43/2009  are  important  for 
sustainable  fishing,  and  their  continuity  needs  to  be  ensured.  Discontinuation  of  these 
measures  (even  temporarily)  would  have  negative  consequences  for  the  conservation  of  the 
stocks they concern as well as for ecosystem of vulnerable deep-sea habitats and seabirds – 

1 
2 
3 
4 
5 

COM(2008)324. 
OJ L 125, 27.4.1998, p. 1. 
OJ L 22, 26.1.2009, p. 1 
OJ L 347, 24.12.2009, p 6. 
Regulation (EU) No 579/2011 of the European Parliament and the Council of 8 June 2011 amending 
Council  Regulation  (EC)  No  850/98  for  the  conservation  of  fishery  resources  through  technical 
measures  for  the  protection  of  juveniles  of  marine  organisms  and  Council  Regulation  (EC)  No 
1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011 (OJ L 165, 
24.6.2011, p. 1). 

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including  in  a  number  of  NATURA  2000  sites  established  by  Directive  92/43/EEC6  in  the 
European  territory  as  well  as  in  areas  closed  to  protect  vulnerable  deep-sea  habitats  in 
international  waters.  Their  discontinuation  would  also  imply  that  a  number  of  justified  and 
accepted derogations from provisions of Regulation (EC) No 850/98 would cease to apply.  

In  addition,  on  the  basis  of  advice  from  the  Scientific,  Technical  and  Economic  Committee 
for  Fisheries  (STECF),  minor  amendments  to  technical  measures  in  question  that  are 
inconsistent with or run contrary to measures contained in Regulation (EC) No 850/98 should 
be made.  

Likewise,  it  is  necessary  to  update  existing  measures  contained  in  the  Regulation  (EC)  No 
43/2009  in  accordance  with  recommendation  adopted  by  the  North  East  Atlantic  Fisheries 
Commission (NEAFC) and also include certain technical measures to reduce the discarding of 
pelagic species in the North-east Atlantic as  agreed  with Norway and the Faroe Islands and 
the EU in 2010 but which have not yet been transposed into EU legislation.  

It is therefore considered appropriate to amend Regulation (EC) No 850/98 to incorporate the 
technical measures in  question,  deleting,  where  possible,  clearly  defined  obsolete  measures 
contained in both Regulation (EC) No 850/98 and Regulation (EC) No 1288/2009.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

There  was  no  need  for  consultation  of  interested  parties  or  for  an  impact  assessment.  In 
relation  to  the  proposal  for  a  Council  Regulation  adopted  by  the  Commission  in  2008 
concerning  the  conservation  of  fisheries  resources  through  technical  measures,  an  Impact 
Assessment  was  carried  out7.  Most  of  the  measures  concerned  by  the  present  proposal  are 
existing  measures,  which  were  included  in  the  2008  proposal  and  therefore  covered  by  the 
Impact Assessment for that proposal. Due to developments since 2008, most of the measures 
concerned by the present proposal need to be updated but do not change in substance while 
several  others  follow  on  from  international  obligations  and  do  not  require  an  impact 
assessment.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

•  The main action is to avoid a discontinuation of the technical measures in question by the 
end of 2012 which  would have  negative consequences for  the conservation of  the stocks 
involved  as  well  as  impacts  on  the  ecosystem.  It  will  ensure  legal  certainty  for  these 
measures while a new technical measures framework Regulation is being developed as part 
of the reform of the Common Fisheries Policy. 

•  Legal basis 

Article 43(2) of the Treaty on the Functioning of the European Union. 

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7 

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna 
and flora, OJ L 206, 22.7.1992, p. 7. 
SEC(2008)1978. 

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•  Subsidiarity principle 

The proposal falls under exclusive competence of the European Union. 

•  Proportionality principle 

This  proposal  incorporates  existing  technical  measures  which  are  contained  in  Regulation 
(EU)  No  43/2009  and  amendments  to  measures  which  already  exist  in  Regulation  (EC)  No 
850/98, therefore no concern on the proportionality principle arises. 

•  Choice of instrument 

Proposed instrument: Regulation of the European Parliament and of the Council.  

Other means would not be adequate for the following reason: a Regulation must be amended 
by a Regulation. 

4. 

BUDGETARY IMPLICATION  

This measure does not involve any additional Union expenditure. 

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2012/0158 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 850/98 concerning the conservation of fishery 
resources through technical measures for the protection of juveniles of marine 
organisms and repealing Council Regulation (EC) No 1288/2009 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee8,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

Council Regulation (EC) No 1288/2009 of 27 November 2009 establishing transitional 
technical  measures  from  1  January  2010  to  30  June  20119  and  its  amending  act, 
Regulation (EU) No 579/2011 of 8 June 2011, amending Council Regulation (EC) No 
850/98  for  the  conservation  of  fishery  resources  through  technical  measures  for  the 
protection  of  juveniles  or  marine  organisms10  provide  for  the  continuation  of  certain 
technical measures established in Council Regulation (EC) No 43/2009 of 16 January 
2009  fixing  for  2009  the  fishing  opportunities  and  associated  conditions  for  certain 
fish  stocks  and  groups  of  fish  stocks,  applicable  in  Community  waters  and,  for 
Community  vessels,  in  waters  where  catch  limitation  are  required11  on  a  transitional 
basis until 31 December 2012. 

(2) 

A  new  technical  conservation  measures  framework  is  awaited  which  justifies  the 
extension  of  the  application  of  those  technical  measures  on  a  transitional  basis.  This 
framework  will  not  be  in  place  by  the  end  of  2012  as  its  adoption  is  extremely 
dependent upon the reform of the Common Fisheries Policy (CFP). 

8 
9 
10 
11 

OJ L 55, 28.02.2008, p. 19. 
OJ L 347, 24.12.2009, p. 6. 
OJ L 125, 27.4.1998, p.1. 
OJ L 22, 26.1.2009, p.1. 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

In order to ensure the continuation of proper conservation and management of marine 
biological  resources  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  organisms  should  be  updated  by  including  the  transitional 
technical measures.  

Certain  measures  to  exclude  salmonids,  lampreys  or  hagfish  from  catch  composition 
provisions for fixed gears are no longer relevant and should be deleted as fisheries for 
these species no longer exist.  

The  prohibition  of  high  grading  in  all  ICES  areas  should  be  maintained  and  a 
prohibition on releasing or slipping of certain species as well as a requirement to move 
fishing  grounds  when  10%  of  the  catch  contains  undersized  fish,  as  agreed  with 
Norway and the Faroe Islands in 2009, should be introduced with a view to reducing 
unwanted catches. 

In  the  light  of  advice  from  the  Scientific,  Technical  and  Economic  Committee  for 
Fisheries  (STECF)  certain  herring  spawning  ground  closures  are  not  necessary 
anymore to ensure sustainable exploitation of that species in ICES Division VIa, those 
closures should be repealed. 

In  the  light  of  advice  from  STECF  linking  low  sandeel  availability  to  the  poor 
breeding  success  of  kittiwakes,  an  area  closure  in  ICES  Subarea  IV  should  be 
maintained, except for a limited fishery each year to monitor the stock. 

In the light of advice from STECF the use of gears that do not catch Norway lobster 
should be permitted in certain areas where fishing for Norway lobster is prohibited. 

In the light of advice from ICES and STECF certain technical conservation measures 
in the West of Scotland (ICES Division VIa), Celtic Sea (ICES Divisions VIIf,g) and 
Irish Sea (ICES Division VIIa) to protect Rockall haddock, cod, haddock and whiting 
stocks should be maintained to contribute to the conservation of fish stocks.  

In  the  light  of  advice  from  STECF,  measures  to  allow  the  use  of  handlines  and 
automated jigging equipment for saithe in ICES Division VIa and measures on the use 
of sorting grids in a restricted area in ICES Division VIIa, should be allowed.  

In  the  light  of  advice  from  STECF,  the  area  closure  to  protect  juvenile  haddock  in 
ICES Division VIb should be maintained. 

In the light of advice from STECF, measures to protect spawning aggregations of blue 
ling in ICES Division VIa should be maintained. 

(13)  Measures  established  in  2011  by  the  Northeast  Atlantic  Fisheries  Commission 
(NEAFC) to protect redfish in international waters of ICES Subareas I and II should 
be maintained. 

(14)  Measures  established  by  NEAFC  in  2011  to  protect  redfish  in  the  Irminger  Sea  and 

adjacent waters should be maintained.  

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(15) 

In  the  light  of  advice  from  STECF,  fishing  with  beam  trawl  using  electrical  pulse 
current  should  continue  to  be  allowed  in  ICES  Divisions  IVc  and  IVb  south  under 
certain conditions. 

(16)  Certain  measures  to  restrict  the  catch  handling  and  discharge  capabilities  of  pelagic 
vessels  targeting  mackerel,  herring  and  horse  mackerel  in  the  North-East  Atlantic  as 
agreed  in  2009  between  the  Union  and  Norway  and  the  Faroe  Islands  should  be 
implemented on a permanent basis.  

(17) 

(18) 

In the light of advice from ICES, technical conservation measures to protect adult cod 
stocks in the Irish Sea during the spawning season should be maintained. 

In  light  of  advice  from  STECF,  fishing  with  gillnets  and  entangling  nets  in  ICES 
Divisions  IIIa,  VIa,  VIb,  VIIb,  VIIc,  VIIj,  VIIk  and  ICES  Subareas  VIII,  IX,  X  and 
XII  in  waters  deeper  than  200m  but  less  than  600m  should  only  be  allowed  under 
certain conditions providing protection for biologically sensitive deep-sea species.  

(19)  The use of certain selective gears should continue to be permitted in the Bay of Biscay 
in order to ensure sustainable exploitation of the hake and Norway lobster stocks and 
to reduce discards of these species. 

(20)  Restrictions  to  fishing  within  certain  areas  in  order  to  protect  vulnerable  deep-sea 
habitats  in  the  NEAFC  Regulatory  Area  adopted  by  NEAFC  in  2004  and  in  certain 
areas  in  ICES  Divisions  VIIc,j,k  and  ICES  Division  VIIIc  adopted  by  the  Union  in 
2008 should remain in place. 

(21)  According  to  the  advice  of  a  joint  Union/Norway  Working  Group  on  technical 
measures  the  weekend  ban  on  fishing  for  herring,  mackerel  or  sprat  with  trawls  or 
purse seines in the Skagerrak and Kattegat no longer contributes to the conservation of 
pelagic  fish  stocks  due  to  changes  in  fishing  patterns  agreed  by  the  Union,  Norway 
and the Faroe Islands in 2011, and this ban should consequently be deleted. 

(22)  For  the  sake  of  clarity  and  better  regulation,  some  obsolete  provisions  should  be 

deleted. 

(23)  The minimum sizes for short-necked clam should be revised in the light of biological 

data.  

(24)  A  minimum  size  of  octopus  in  catches  taken  in  waters  under  the  sovereignty  or 
jurisdiction of third countries and situated in the region of Fishery Committee for the 
Eastern  Central  Atlantic  (CECAF)  has  been  set  in  order  to  contribute  to  the 
conservation of octopus and in particular to protect juveniles. 

(25)  New  specifications  for  a  sorting  grid  should  be  introduced  to  reduce  the  bycatch  in 

fisheries for Norway Lobster in ICES Subarea VI and ICES Division VIIa. 

(26)  Specifications for square mesh panels to be used under certain conditions for fisheries 

with certain towed gears in the Bay of Biscay should be maintained. 

(27)  To  address  an  inconsistency  between  Regulation  (EC)  No  43/2009  and  Regulation 
(EC)  No  850/98,  the  use  of  2m  square-meshed  panels  in  vessels  with  engine  power 
less that 112 Kw in a restricted area in ICES Division VIa should be allowed. 

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(28)  Council Regulation (EC) No 1288/2009 should be repealed. 

(29)  Regulation (EC) No 850/98 should therefore be amended accordingly. 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 850/98 is amended as follows: 

(1) 

(2) 

Article 13 is deleted. 

The following Title IIIa is inserted. 

"TITLE IIIa  
MEASURES TO REDUCE DISCARDING" 

Article 19a  
Undersized marine organisms 

1. Any species subject to quota caught during any fishing activity in Regions 1 to 4 specified 
in Article 2 of this Regulation shall be brought aboard the vessel and subsequently landed. 

2. The provisions referred to in paragraph 1 are without prejudice to the obligations set out in 
this Regulation or in any other fisheries regulation.  

3.  Within  Regions  1  to  4  where  the  quantity  of  undersized  mackerel,  herring  or  horse 
mackerel exceeds 10 % of the total quantity of the catches in any one haul, the vessel shall 
move fishing grounds." 

(3) 

(4) 

In Article 20, point (d) of paragraph 1 is deleted. 

Article 29a is replaced by the following: 

"Article 29a  
Closure of an area for sandeel fisheries in ICES Subarea IV 

It shall be prohibited to land or retain on board sandeels caught within the geographical area 
bounded by the east coast of England and Scotland, and enclosed by sequentially joining with 
rhumb  lines  the  following  coordinates,  which  shall  be  measured  according  to  the  WGS84 
system: 

– 

– 

– 

– 

the east coast of England at latitude 55o30'N, 

latitude 55o30'N, longitude 01o00'W, 

latitude 58o00'N, longitude 01o00'W, 

latitude 58o00'N, longitude 02o00'W, 

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– 

the east coast of Scotland at longitude 02o00'W." 

(5) 

Article 29b, paragraph 3 is amended as follows: 

"3. By way of derogation from the prohibition laid down in paragraph 1, fishing with creels 
that do not catch Norway lobster shall be authorised in the geographical areas and during the 
periods set out in paragraph 1(a) and 1(b)." 

(6) 

The following Articles 29c to 29 h are inserted: 

"Article 29c  
Rockall Haddock box in ICES Subarea VI 

1.  All  fishing  of  Rockall  haddock,  except  with  longlines,  shall  be  prohibited  in  the  areas 
enclosed by sequentially joining with rhumb lines the following coordinates, which shall be 
measured according to the WGS84 system: 

– 

– 

– 

– 

57o00' N, 15o00' W 

57o00' N, 14o00' W 

56o30' N, 14o00' W 

56o30' N, 15o00' W" 

Article 29d  
Restrictions on fishing for cod, haddock and whiting in ICES Subarea VI  

1. It shall be prohibited to conduct any fishing activity for cod, haddock and whiting within 
that part of ICES Division VIa that lies to the east or to the south of those rhumb lines which 
sequentially join the following coordinates which shall be measured according to the WGS84 
system: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

54o30' N, 10o35' W 

55o20' N, 09o50' W 

55o30' N, 09o20' W 

56o40' N, 08o55' W 

57o00' N, 09o00' W 

57o20' N, 09o20' W 

57o50' N, 09o20' W 

58o10' N, 09o00' W 

58o40' N, 07o40' W  

59o00' N, 07o30' W 

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– 

– 

– 

– 

– 

59o20' N, 06o30' W 

59o40' N, 06o05' W 

59o40' N, 05o30' W 

60o00' N, 04o50' W 

60o15' N, 04o00' W 

2. Any fishing vessel present within the area referred to in paragraph 1 shall ensure that any 
fishing gears carried on board are lashed and stowed in accordance with Article 47 of Council 
Regulation (EC) No 1224/200912. 

3. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities 
using  inshore  static  nets  fixed  with  stakes,  scallop  dredges,  mussel  dredges,  handlines, 
mechanised jigging, draft nets and beach seines, pots and creels within the specified areas and 
time periods, provided that:  

(a)  no  fishing  gear  other  than  inshore  static  nets  fixed  with  stakes,  scallop 
dredges,  mussel  dredges,  handlines,  mechanised  jigging,  draft  nets  and 
beach seines, pots and creels are carried on board or deployed; and  

(b)  no fish other than mackerel, pollack, saithe and salmon, or shellfish other 
than  molluscs  and  crustaceans  are  retained  on  board,  landed  or  brought 
ashore. 

4. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities 
within the area referred to in that paragraph using nets of mesh size less than 55 mm, provided 
that: 

(a)  no net of mesh size greater than or equal to 55 mm is carried on board; 

and 

(b)  no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse 
mackerel,  sprat,  blue  whiting,  boarfish  and  argentines  are  retained  on 
board. 

5.  By  way  of  derogation  from  paragraph  1,  it  shall  be  permitted  to  fish  for  Norway  lobster 
provided that: 

(a) 

the  fishing  gear  used  incorporates  a  sorting  grid  in  accordance  with 
Annex XIVa; or a square-mesh panel as described in Annex XIVc; 

(b) 

the fishing gear is constructed with a minimum mesh size of 80 mm. 

(c)  no  less  than  30  %  of  the  retained  catch  by  weight  is  comprised  of 

Norway lobster; 

12 

OJ L 343, 22.12.2009, p. 1. 

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(d)  no more than 10 % of the retained catch by weight is comprised of any 

mixture of cod, haddock and/or whiting; 

6.  Paragraph  5  shall  not  apply  within  the  area  enclosed  by  sequentially  joining  with  rhumb 
lines the following coordinates, which shall be measured according to the WGS84 system: 

– 

– 

– 

– 

– 

– 

59o05' N, 06o45' W 

59o30' N, 06o00' W 

59o40' N, 05o00' W 

60o00' N, 04o00' W 

59o30' N, 04o00' W 

59o05' N, 06o45' W 

7. By way of derogation from paragraph 1, it shall be permitted to fish with trawls, demersal 
seines or similar gears provided that: 

(a) 

all nets on board the vessel are constructed with a minimum mesh size of 
120 mm for vessels more than 15 metres overall length and of 110 mm 
for all other vessels; 

(b)  no more than 30 % of the retained catch by weight is comprised of any 

mixture of cod, haddock and/or whiting; 

(c)  where  the  catch  retained  on  board  comprises  less  than  90  %  saithe  the 
fishing gear used incorporates a square mesh panel as described in Annex 
XIVc, and; 

(d)  where the overall length of the vessel is less than or equal to 15 metres, 
regardless of the quantity of saithe catches retained on board, the fishing 
gear used incorporates a square-mesh panel as described in Annex XIVd.  

8.  Paragraph  7  shall  not  apply  within  the  area  enclosed  by  sequentially  joining  with  rhumb 
lines the following coordinates, which shall be measured according to the WGS84 system: 

– 

– 

– 

– 

– 

– 

59o05' N, 06o45' W 

59o30' N, 06o00' W 

59o40' N, 05o00' W 

60o00' N, 04o00' W 

59o30' N, 04o00' W 

59o05' N, 06o45' W 

9.  Each  Member  State  concerned  shall  implement  an  onboard  observer  programme  from  1 
January to 30 June each year in order to sample the catches and discards of vessels benefiting 

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from the derogations provided for in paragraphs 6 and 7. The observer programmes shall be 
carried  out  without  prejudice  to  the  obligations  under  the  respective  rules  and  shall  aim  at 
estimating cod, haddock and whiting catches and discards with an accuracy of no less than 20 
%.  

10. Member States concerned shall submit to the Commission a preliminary report on the total 
amount of catches and discards of vessels subject to the observer programme no later than 30 
June of the year in which the programme is implemented. The final report for the concerned 
calendar year shall be submitted no later than 1 February of the year following that calendar 
year. 

Article 29e  
Restrictions on fishing for cod in ICES Subarea VII 

1.  From  1  February  until  31  March,  it  shall  be  prohibited  to  conduct  any  fishing  activity  in 
ICES Subarea VII in the following area which consists of ICES statistical rectangles: 30E4, 
31E4, 32E3. This prohibition shall not apply within six nautical miles from the baseline. 

2. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities 
using  inshore  static  nets  fixed  with  stakes,  scallop  dredges,  mussel  dredges,  draft  nets  and 
beach  seines,  handlines,  mechanised  jigging,  pots  and  creels  within  the  specified  areas  and 
time periods, provided that:  

(a)  no  fishing  gear  other  than  inshore  static  nets  fixed  with  stakes,  scallop 
dredges,  mussel  dredges,  draft  nets  and  beach  seines,  handlines, 
mechanised jigging, pots and creels are carried on board or deployed; and  

(b)  no  fish  other  than  mackerel,  pollack,  salmon,  or  shellfish  other  than 
molluscs  and  crustaceans  are  retained  on  board,  landed  or  brought 
ashore. 

3. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities 
within the area referred to in that paragraph using nets of mesh size less than 55 mm, provided 
that: 

(a)  no net of mesh size greater than or equal to 55 mm is carried on board; 

and 

(b)  no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse 
mackerel,  sprat,  blue  whiting,  boarfish  and  argentines  are  retained  on 
board. 

Article 29f  
Special rules for the protection of blue ling  

1. In the period from 1 March to 31 May it shall be prohibited to retain on board any quantity 
of blue ling in excess of 6 tonnes per fishing trip in the areas of ICES Division VIa enclosed 
by sequentially joining with rhumb lines the following coordinates, which shall be measured 
according to the WGS84 system: 

EN 

12 

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(a)  Edge of Scottish continental shelf 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

59o58' N, 07o00' W 

59o55' N, 06o47' W 

59o51' N, 06o28' W 

59o45' N, 06o38' W 

59o27' N, 06o42' W 

59o22' N, 06o47' W 

59o15' N, 07o15' W 

59o07' N, 07o31' W 

58o52' N, 07o44' W 

58o44' N, 08o11' W 

58o43' N, 08o27' W 

58o28' N, 09o16' W 

58o15' N, 09o32' W 

58o15' N, 09o45' W 

58o30' N, 09o45' W 

59o30' N, 07o00' W 

(b)  Edge of Rosemary bank 

– 

– 

– 

– 

– 

– 

60o00' N, 11o00' W 

59o00' N, 11º00' W 

59º00' N, 09º00' W 

59º30' N, 09º00' W 

59º30' N, 10º00' W 

60º00' N, 10º00' W 

Not including the area enclosed by sequentially joining with rhumb 
lines the following coordinates, which shall be measured according 
to the WGS84 system: 

– 

59o15' N, 10o24' W 

EN 

13 

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– 

– 

– 

– 

– 

– 

– 

59o10' N, 10o22' W 

59o08' N, 10o07' W 

59o11' N, 09o59' W 

59o15' N, 09o58' W 

59o22' N, 10o02' W 

59o23' N, 10o11' W 

59o20' N, 10o19' W 

When  entering  and  exiting  the  areas  set  out  in  paragraph  1,  the  master  of  a  fishing 

2. 
vessel shall record the date, time and place of entry and exit in the logbook. 

3. In either of the two areas set out in paragraph 1 if a vessel reaches the 6 tonnes of blue ling: 

(a) 

It shall immediately cease fishing and exit the area in which it is present; 

(b) 

It may not re-enter either of the areas until its catch has been landed 

(c) 

It shall not return to the sea any quantity of blue ling. 

4.  The  observers  referred  to  in  Article  8  of  Regulation  (EC)  No  2347/200213  assigned  to 
fishing vessels present in one of the areas referred to in paragraph 1 shall, in addition to their 
task  in  accordance  with  that  Article,  for  appropriate  samples  of  the  catches  of  blue  ling, 
measure  the  fish  in  the  samples  and  determine  the  stage  of  sexual  maturity  of  subsampled 
fish.  On  the  basis  of  advice  from  STECF,  Member  States  shall  establish  detailed  sampling 
protocols and collation of results.  

5. During the period from 15 February to 15 April it shall be prohibited to use bottom trawls, 
longlines  and  gillnets  within  an  area  enclosed  by  sequentially  joining  with  rhumb  lines  the 
following coordinates, which shall be measured according to the WGS84 system:  

– 

– 

– 

– 

60o58.76' N, 27o27.32' W 

60o56.02' N, 27o31.16' W 

60o59.76' N, 27o43.48' W 

61o03.00' N, 27o39.41' W. 

13 

OJ L 351, 28.12.2002, p.6 

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14 

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Article 29g 
Measures for the redfish fishery in international waters of ICES Subareas I and II 

1.  A  directed  fishery  for  redfish  in  international  waters  of  ICES  Subareas  I  and  II  is  only 
permitted  within  the  period  from  15  August  to  30  November  by  vessels  which  have 
previously been engaged in the redfish fishery in the NEAFC Regulatory Area.  

2. Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the 
total catch retained on board. 

3.  The  conversion  factor  to  be  applied  to  the  gutted  and  headed  presentation,  including 
Japanese cut, of redfish caught in this fishery shall be 1,70. 

4. By way of derogation from Article 9(1)(b) of Regulation (EU) No 1236/201014 masters of 
fishing vessels engaged in this fishery shall report their catches on a daily basis. 

5.  In  addition  to  the  provisions  of  Article  5  of  Regulation  (EU)  No  1236/2010,  an 
authorisation  to  fish  for  redfish  shall  only  be  valid  if  the  reports  transmitted  by  vessels  in 
accordance  with  Article  9(1)  of  Regulation  (EU)  No  1236/2010  are  recorded  in  accordance 
with Article 9(3) of Regulation (EU) No 1236/2010. 

6. Member States shall ensure that scientific information is collected by scientific observers 
on  board  vessels  flying  their  flag.  As  a  minimum  the  information  collected  shall  include 
representative  sex,  age  and  length  composition  data  by  depths.  This  information  shall  be 
reported to ICES by the competent authorities in the Member States. 

7.  The  Commission  shall  inform  Member  States  of  the  date  on  which  the  Secretariat  of 
NEAFC  has  notified  NEAFC  Contracting  Parties  that  the  total  allowable  catch  (TAC)  has 
been fully utilised. From this date Member States shall prohibit directed fishery for redfish by 
vessels flying their flag. 

Article 29h 
Measures for the redfish fishery in the Irminger Sea and adjacent waters  

1. It shall be  prohibited  to  catch  redfish before 10  May each year  in  international waters of 
ICES Subarea V and Union waters of ICES Subareas XII and XIV enclosed by sequentially 
joining with rhumb lines the following coordinates, which shall be measured according to the 
WGS84 system (hereinafter referred to as the “Redfish Conservation Area”): 

– 

– 

– 

– 

– 

64°45' N, 28°30' W 

62°50' N, 25°45' W 

61°55' N, 26°45' W 

61°00' N, 26°30' W 

59°00' N, 30°00' W 

14 

OJ L 348, 31.12.2010, p. 17. 

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15 

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– 

– 

– 

– 

59°00' N, 34°00' W 

61°30' N, 34°00' W 

62°50' N, 36°00' W 

64°45' N, 28°30' W 

2. It shall be prohibited to use trawls with a mesh size of less than 100 mm. 

3.  The  conversion  factor  to  be  applied  to  the  gutted  and  headed  presentation,  including 
Japanese cut, of redfish caught in this fishery shall be 1,70. 

4..  Masters  of  fishing  vessels  engaged  in  the  fishery  outside  the  Redfish  Conservation  Area 
shall  transmit  the  catch  report  provided  for  in  Article  9(1)(b)  of  Regulation  (EU)  No 
1236/2010  on  a  daily  basis  after  the  fishing  operations  of  that  calendar  day  have  been 
completed.  It  shall  indicate  the  catches  on  board  taken  since  the  last  communication  of 
catches.  

5.  In  addition  to  the  provisions  of  Article  5  of  Regulation  (EU)  No  1236/2010,  an 
authorisation to fish for redfish shall only be valid if the reports transmitted by vessels are in 
accordance  with  Article  9(1)  of  Regulation  (EU)  No  1236/2010  and  are  recorded  in 
accordance with Article 9(3) of Regulation (EU) No 1236/2010. 

6. The reports referred to in paragraph 5 shall be made in accordance with the relevant rules." 

(7) 

The following Article 31a is inserted 

"Article 31a  
Electric Fishing in ICES Divisions IVc and IVb 

1. By way of derogation from Article 31 fishing with beam trawl using electrical pulse current 
shall be allowed in ICES Divisions IVc and IVb south of a rhumb line joined by the following 
points, which shall be measured according to the WGS84 coordinate system: 

– 

– 

– 

– 

a point on the east coast of the United Kingdom at latitude 55o N, 

then east to latitude 55o N, longitude 5o E, 

then north to latitude 56o N, 

and finally east to a point on the west coast of Denmark at latitude 56o N. 

2. Electrical pulse fishing shall be allowed only when: 

(a)  no  more  than  5%  of  the  beam  trawler  fleet  by  Member  States  use  the 

electric pulse trawl; 

(b) 

the  maximum  electrical  power  in  kW  for  each  beam  trawl  is  no  more 
than the length in metre of the beam multiplied by 1,25; 

(c) 

the effective voltage between the electrodes is no more than 15V; 

EN 

16 

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(d) 

the  vessel  is  equipped  with  an  automatic  computer  management  system 
which  records  the  maximum  power  used  per  beam  and  the  effective 
voltage between electrodes for at least the last 100 tows. It is not possible 
for  non-authorised  person 
this  automatic  computer 
to  modify 
management system; 

(e) 

it is prohibited to use one or more tickler chains in front of the footrope." 

(8) 

The following Article 32a is inserted: 

"Article 32a 
Catch handling and discharge restrictions on pelagic vessels  

1. The maximum space between bars in the water separator on board pelagic fishing vessels 
targeting mackerel, herring and horse mackerel operating in the NEAFC Convention Area as 
defined in Article 3(3) of Regulation (EU) No 1236/2010 shall be 10 mm. The bars must be 
welded  in  place.  If  holes  are  used  in  the  water  separator  instead  of  bars,  the  maximum 
diameter of the holes must not exceed 10mm. Holes in the chutes before the water separator 
must not exceed 15 mm in diameter. 

2.  The  possibility  to  discharge  fish  under  the  water  line  of  the  vessel  from  buffer  tanks  or 
Refrigerated seawater (RSW) tanks shall be prohibited for all pelagic vessels operating in the 
NEAFC Convention Area. 

3. Drawings related to catch handling and to discharge capabilities of pelagic vessels targeting 
mackerel, herring and horse mackerel in the NEAFC Convention Area, which are certified by 
the competent authorities of the flag Member States, as well as any modifications thereto shall 
be sent by the master of the vessel to the competent fisheries authorities of the flag Member 
State.  The  competent  authorities  of  the  flag  Member  State  of  the  vessels  shall  carry  out 
periodic  verifications  of  the  accuracy  of  the  drawings  submitted.  Copies  shall  be  carried  on 
board the vessel at all times. " 

(9) 

The following Articles 34a to 34f are inserted: 

"Article 34a  
Technical conservation measures in the Irish Sea  

1. In the period from 14 February to 30 April it shall be prohibited to use any demersal trawl, 
seine or similar towed net, any gillnet, trammel net, entangling net or similar static net or any 
fishing gear incorporating hooks within that part of ICES Division VIIa enclosed by: 

– 

– 

– 

– 

– 

the east coast of Ireland and the east coast of Northern Ireland, and 

straight lines sequentially joining the following geographical coordinates: 

a point on the east coast of the Ards peninsula in Northern Ireland at 54o 
30 N, 

54o30' N, 04o50' W, 

53o 15' N, 04o50' W, 

EN 

17 

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– 

a point on the east coast of Ireland at 53o15' N. 

2. By way of derogation from paragraph 1, within the area and time period referred to therein: 

(a) 

the use of demersal otter trawls shall be permitted provided that no other 
type of fishing gear is retained on board and that such nets: 

– 

– 

– 

are of the mesh size ranges either 70-79 mm or 80-99 mm; and 

incorporate  no  individual  mesh,  irrespective  of  its  position  within 
the net, of mesh size greater than 300 mm; and 

are  deployed  only  within  an  area  enclosed  by  sequentially  joining 
with  rhumb  lines  the  following  coordinates,  which  shall  be 
measured according to the WGS84 system: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

53o30' N, 05o30' W 

53o30' N, 05o20' W 

54o20' N, 04o50' W 

54o30' N, 05o10' W 

54o30' N, 05o20' W 

54o00' N, 05o50' W 

54o00' N, 06o10' W 

53o45' N, 06o10' W 

53o45' N, 05o30' W 

53o30' N, 05o30' W 

(b) 

the use of any demersal trawl, seine or similar towed net with a separator panel or a 
sorting grid shall be permitted provided that no other type of fishing gear is retained 
on board and that such nets: 

– 

– 

comply with the conditions laid down in paragraph 2(a);  

in the case of a separator panel, is constructed in conformity with 
the technical details provided in the Annex of Council Regulation 
(EC) No 254/200215; and 

– 

in the case of sorting grids, are in accordance with Annex XIVa. 

(c) 

Furthermore, any demersal trawl, seine or similar towed net with a separator panel or 
a sorting grid may also be used within an area enclosed by sequentially joining with 

15 

OJ L 41, 13.2.2002, p. 1. 

EN 

18 

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rhumb  lines  the  following  coordinates,  which  shall  be  measured  according  to  the 
WGS84 system: 

– 

– 

– 

– 

– 

53o45' N, 06o00' W 

53o45' N, 05o30' W 

53o30' N, 05o30' W 

53o30' N, 06o00' W 

53o45' N, 06o00' W 

"Article 34b 
Use of gillnets in ICES Divisions IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and ICES 
Subareas VIII, IX, X and XII 

1. Union vessels shall not deploy bottom set gillnets, entangling nets and trammel nets at any 
position where the charted depth is greater than 200 metres in ICES Divisions IIIa, IVa, Vb, 
VIa, VIb, VII b, c, j, k and ICES Subareas XII east of 27o W, VIII, IX and X. 

2.  All  vessels  deploying  bottom  set  gillnets  or  entangling  nets  at  any  position  where  the 
charted depth is greater than 200 metres in ICES Divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, 
k and ICES Subareas XII east of 27o W, VIII, IX and X, must hold a special fixed net fishing 
authorisation issued by the flag Member State. 

3. By way of derogation from paragraph 1 it shall be permitted to use the following gears: 

(a)  Gillnets  in  ICES  Divisions  IIIa,  IVa,  Vb,  VIa,  VIb,  VII  b,  c,  j,  k  and  ICES 
Subarea XII east of 27o W with a mesh size equal to or greater than 120 mm 
and less than 150 mm, gillnets in ICES Divisions VIIIa, b, d and ICES Subarea 
X with a mesh size equal to or greater than 100 mm and less than 130 mm and 
gillnets in ICES Divisions VIIIc and ICES Subarea IX with a mesh size equal 
to or greater than 80 mm and less than 110mm provided that: 

– 

– 

– 

– 

they are deployed in waters of less than 600 metres charted depth,  

are no more than 100 meshes deep, have a hanging ratio of not less 
than 0,5,  

are rigged with floats or equivalent flotation.  

the nets are each of a maximum of 5 nautical miles in length, and 
the total length of all nets deployed at any one time does not exceed 
25 km per vessel. 

– 

The maximum soak time shall be 24 hours; or  

(b)  Entangling  nets  with  a  mesh  size  equal  to  or  greater  than  250  mm,  provided 

that: 

– 

they are deployed in waters of less than 600 metres charted depth, 

EN 

19 

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– 

– 

– 

they are no more than 15 meshes deep, have a hanging ratio of not 
less than 0,33,  

they are not rigged with floats or other means of floatation, 

they  shall  each  be  of  a  maximum  of  10  km  in  length.  The  total 
length of all nets deployed at any one time shall not exceed 100 km 
per vessel.  

– 

The maximum soak time shall be 72 hours;  

(c)  Gillnets  in  ICES  Divisions  IIIa,  IVa,  Vb,  VIa,  VIb,  VIIb,  c,  j,  k  and  ICES 
Subarea XII East of 27o W with a mesh size equal to or greater than 100 mm 
and less than 130 mm, provided that: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

they are deployed in waters of more than 200 meters charted depth 
and less than 600 meters charted depth, 

are no more than 100 meshes deep, have a hanging ratio of not less 
than 0,5, 

are rigged with floats or equivalent floatation, 

the  nets  shall  each  be  of  a  maximum  of  four  nautical  miles  in 
length,  and  the  total  length  of  all  nets  deployed  at  any  one  time 
shall not exceed 20 km per vessel, 

the maximum soak time shall be 24 hours, 

no less than 85 % of the retained catch by weight is comprised of 
hake, 

the number of vessels participating in the fishery shall not increase 
above the level recorded in 2008, 

the master of the vessel participating in this fishery shall record in 
the log-book, prior to leaving port, the quantity and total length of 
gear carried on board the vessel. A minimum of 15 % of departures 
shall be subject to inspection, 

the  master  of  the  vessel  must  have  on  board  90  %  of  the  gear  as 
verified  in  the  Community  logbook  for  that  trip  at  the  time  of 
landing, and 

the quantity of all species caught greater than 50 kg, including all 
quantities  discarded  greater  than  50  kg,  must  be  recorded  in  the 
Community logbook.  

4.  However,  this  derogation  shall  not  apply  in  the  NEAFC  Regulatory  Area  as  defined  by 
Article 3(3) of Regulation (EU) No 1236/2010.  

EN 

20 

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5.  Only  one  of  the  types  of  gear  described  in  paragraph  3(a)  and  3(b)  shall  be  retained  on 
board the vessel at any one time. Vessels may carry on board nets with a total length 20 % 
greater than the maximum length of the fleets that may be deployed at any one time.  

6. The master of a vessel with a fixed net permit referred to in paragraph 2 shall record in the 
logbook the amount and lengths of gear carried by a vessel before it leaves port and when it 
returns to port, and must account for any discrepancy between the two quantities.  

7.  With  regard  to  vessels  benefiting  from  the  derogation  referred  to  in  paragraph  3(c)  a 
minimum of 15% of departures shall be subject to inspection. 

8.  The  competent  authorities  shall  have  the  right  to  remove  unattended  gear  at  sea  in  ICES 
Divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES Subareas XII east of 27o W, VIII, IX 
and X, in the following situations: 

(a) 

-  the gear is not properly marked; 

(b) 

-  the  buoy  markings  or  VMS  data  indicate  that  the  owner  has  not  been 
located at a distance less than 100 nautical miles from the gear for more 
than 120 hours; 

(c) 

-  the  gear  is  deployed  in  waters  with  a  charted  depth  greater  than  that 
permitted; 

(d) 

-  the gear is of an illegal mesh size. 

9. The master of a vessel with a fixed net permit referred to in paragraph 6 shall record in the 
logbook the following information during each fishing trip: 

– 

– 

– 

– 

– 

– 

– 

– 

the mesh size of the net deployed, 

the nominal length of one net, 

the number of nets in a fleet, 

the total number of fleets deployed, 

the position of each fleet deployed, 

the depth of each fleet deployed, 

the soak time of each fleet deployed, 

the quantity of any gear lost, its last known position and date of loss. 

10.  Vessels  fishing  with  a  fixed  net  authorisation  referred  to  in  paragraph  2  shall  only  be 
permitted to land in the ports designated by the Member States in accordance with Article 7 of 
Regulation (EC) 2347/200216. 

16 

OJ L 351, 28.12.2002, p.6 

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21 

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11. The quantity of sharks retained on board by any vessel using the gear type described in 
paragraph  3(b)  shall  be  no  more  than  5  %  by  live-weight  of  the  total  quantity  of  marine 
organisms retained on board." 

Article 34c  
Condition for fisheries using certain towed gears authorised in the Bay of Biscay 

1.  By  way  of  derogation  from  the  provisions  laid  down  in  Article  5(2)  of  Commission 
Regulation (EC) No 494/200217 , it shall be permitted to conduct fishing activity using trawls, 
Danish seines and similar gears, except beam trawls, of mesh size range 70-99 mm in the area 
defined in Article 5(1)(b) of Regulation (EC) No 494/2002 if the gear is fitted with a square 
mesh panel in accordance with Annex XIVb. 

2. When fishing in ICES Divisions VIII a and b it shall be permitted to use a selective grid 
and its attachments in front of the codend and/or a square mesh panel with a mesh size equal 
or  more  than  60  mm  in  the  lower  part  of  the  extension  piece  in  front  of  the  codend.  The 
provisions laid down in Articles 4(1), 6 and 9(1) of this Regulation and in Article 3(a) and (b) 
of  Regulation  (EC)  No  494/2002  shall  not  apply  as  regards  the  section  of  the  trawl  where 
those selective devices are inserted.  

Article 34d  
Measures for the protection of vulnerable deep-sea habitats in the NEAFC Regulatory 
Area 

1.  It  shall  be  prohibited  to  conduct  bottom  trawling  and  fishing  with  static  gear,  including 
bottom  set  gill-nets  and  long-lines,  within  the  areas  enclosed  by  sequentially  joining  with 
rhumb  lines  the  following  coordinates,  which  shall  be  measured  according  to  the  WGS84 
system: 

The Hecate Seamounts: 

– 

– 

– 

– 

– 

52o21.2866' N, 31o09.2688' W 

52o20.8167' N, 30o51.5258' W 

52o12.0777' N, 30o54.3824' W 

52o12.4144' N, 31o14.8168' W 

52o21.2866' N, 31o09.2688' W 

The Faraday Seamounts: 

– 

– 

– 

50o01.7968' N, 29o37.8077' W 

49o59.1490' N, 29o29.4580' W 

49o52.6429' N, 29o30.2820' W 

17 

OJ L 77, 20.3.2002, p. 8. 

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22 

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– 

– 

– 

– 

– 

– 

49o44.3831' N, 29o02.8711' W 

49o44.4186' N, 28o52.4340' W 

49o36.4557' N, 28o39.4703' W 

49o29.9701' N, 28o45.0183' W 

49o49.4197' N, 29o42.0923' W 

50o01.7968' N, 29o37.8077' W 

Part of the Reykjanes Ridge: 

– 

– 

– 

– 

– 

– 

– 

– 

55o04.5327' N, 36o49.0135' W 

55o05.4804' N, 35o58.9784' W 

54o58.9914' N, 34o41.3634' W 

54o41.1841' N, 34o00.0514' W 

54o00.0000' N, 34o00.0000' W 

53o54.6406' N, 34o49.9842' W 

53o58.9668' N, 36o39.1260' W 

55o04.5327' N, 36o49.0135' W 

The Altair Seamounts: 

– 

– 

– 

– 

– 

– 

44o50.4953' N, 34o26.9128' W 

44o47.2611' N, 33o48.5158' W 

44o31.2006' N, 33o50.1636' W 

44o38.0481' N, 34o11.9715' W 

44o38.9470' N, 34o27.6819' W 

44o50.4953' N, 34o26.9128' W 

The Antialtair Seamounts: 

– 

– 

– 

– 

43o43.1307' N, 22o44.1174' W 

43o39.5557' N, 22o19.2335' W 

43o31.2802' N, 22o08.7964' W 

43o27.7335' N, 22o14.6192' W 

EN 

23 

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– 

– 

– 

43o30.9616' N, 22o32.0325' W 

43o40.6286' N, 22o47.0288' W 

43o43.1307' N, 22o44.1174' W 

Hatton Bank: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

59°26.00' N, 14°30.00' W 

59°12.00' N, 15°08.00' W 

59°01.00' N, 17°00.00' W 

58°50.00' N, 17°38.00' W 

58°30.00' N, 17°52.00' W 

58°30.00' N, 18°22.00' W 

58°03.00' N, 18°22.00' W 

58°03.00' N, 17°30.00' W 

57°55.00' N, 17°30.00' W 

57°45.00' N, 19°15.00' W 

58°11.15' N, 18°57.51' W 

58°11.57' N, 19°11.97' W 

58°27.75' N, 19°11.65' W 

58°39.09' N, 19°14.28' W 

58°38.11' N, 19°01.29' W 

58°53.14' N, 18°43.54' W 

59°00.29' N, 18°01.31' W 

59°08.01' N, 17°49.31' W 

59°08.75' N, 18°01.47' W 

59°15.16' N, 18°01.56' W 

59°24.17' N, 17°31.22' W 

59°21.77' N, 17°15.36' W 

59°26.91' N, 17°01.66' W 

EN 

24 

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– 

– 

– 

– 

59°42.69' N, 16°45.96' W 

59°20.97' N, 15°44.75' W 

59°21.00' N, 15°40.00' W 

59°26.00' N, 14°30.00' W 

North West Rockall: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

57o00' N, 14o53' W 

57o37' N, 14o42' W 

57o55' N, 14o24' W 

58o15' N, 13o50' W 

57o57' N, 13o09' W 

57o50' N, 13o14' W 

57o57' N, 13o45' W 

57o49' N, 14o06' W 

57o29' N, 14o19' W 

57o22' N, 14o19' W 

57o00' N, 14o34' W 

56o56' N, 14o36' W 

56o56' N, 14o51' W 

South-West Rockall (Empress of Britain Bank): 

– 

– 

– 

– 

– 

56o24' N, 15o37' W 

56o21' N, 14o58' W 

56o04' N, 15o10' W 

55o51' N, 15o37' W 

56o10' N, 15o52' W 

Logachev Mound: 

– 

– 

55°17' N, 16°10' W 

55°34' N, 15°07' W 

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– 

– 

– 

55°50' N, 15°15' W 

55°33' N, 16°16' W 

55°17' N, 16°10' W 

West Rockall Mound: 

– 

– 

– 

– 

57o20' N, 16o30' W 

57o05' N, 15o58' W 

56o21' N, 17o17' W 

56o40' N, 17o50' W 

2. Where, in the course of fishing operations in new and existing bottom fishing areas within 
the  NEAFC  Regulatory  Area,  the  quantity  of  live  coral  or  live  sponge  caught  per  gear  set 
exceeds 60 kg of live coral and/or 800 kg of live sponge, the vessel shall inform its flag State, 
cease  fishing  and  move  at  least  2  nautical  miles  away  from  the  position  that  the  evidence 
suggests is closest to the exact location where this catch was made.  

Article 34e  
Measures for the protection of vulnerable deep-sea habitats in ICES Divisions VIIc, j, k 

1.  It  shall  be  prohibited  to  conduct  bottom  trawling  and  fishing  with  static  gear,  including 
bottom  set  gill-nets  and  long-lines,  within  the  areas  enclosed  by  sequentially  joining  with 
rhumb  lines  the  following  coordinates,  which  shall  be  measured  according  to  the  WGS84 
coordinate system: 

Belgica Mound Province: 

– 

– 

– 

– 

51o29.4' N, 11o51.6' W 

51o32.4' N, 11o41.4' W 

51o15.6' N, 11o33.0' W 

51o13.8' N, 11o44.4' W 

Hovland Mound Province: 

– 

– 

– 

– 

– 

– 

52o16.2' N, 13o12.6' W 

52o24.0' N, 12o58.2' W 

52o16.8' N, 12o54.0' W 

52o16.8' N, 12o29.4' W 

52o04.2' N, 12o29.4' W 

52o04.2' N, 12o52.8' W 

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– 

– 

52o09.0' N, 12o56.4' W 

52o09.0' N, 13o10.8' W 

North-West Porcupine Bank Area I: 

– 

– 

– 

– 

– 

– 

53o30.6' N, 14o32.4' W 

53o35.4' N, 14o27.6' W 

53o40.8' N, 14o15.6' W 

53o34.2' N, 14o11.4' W 

53o31.8' N, 14o14.4' W 

53o24.0' N, 14o28.8' W 

North-West Porcupine Bank Area II: 

– 

– 

– 

– 

53o43.2' N, 14o10.8' W 

53o51.6' N, 13o53.4' W 

53o45.6' N, 13o49.8' W 

53o36.6' N, 14o07.2' W 

South-West Porcupine Bank: 

– 

– 

– 

– 

– 

51o54.6' N, 15o07.2' W 

51o54.6' N, 14o55.2' W 

51o42.0' N, 14o55.2' W 

51o42.0' N, 15o10.2' W 

51o49.2' N, 15o06.0' W 

2. All pelagic vessels fishing in the protected areas for vulnerable deep-sea habitats set out in 
paragraph  1  must  be  on  an  authorised  list  of  vessels  and  be  issued  with  a  special  fishing 
authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009 which must be 
held onboard. Vessels included in the authorised list shall carry on board exclusively pelagic 
gear.  

3. Pelagic vessels intending to fish in a protected area for vulnerable deep-sea habitats as set 
out  in  paragraph  1  must  give  four  hours  advance  notification  of  their  intention  to  enter  a 
protected  area  for  vulnerable  deep-sea  habitats  to  the  Irish  Fisheries  Monitoring  Centre 
(FMC) as defined in Article 4(15) of Regulation (EC) No 1224/2009. They shall at the same 
time notify quantities of fish retained on board.  

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4.  Pelagic  vessels  fishing  in  a  protected  area  for  vulnerable  deep-sea  habitats  as  set  out  in 
paragraph  1  must  have  an  operational,  fully  functioning  secure  Vessel  Monitoring  System 
(VMS) which complies fully with the respective rules when in a protected area for vulnerable 
deep-sea habitats. 

5.  Pelagic  vessels  fishing  in  a  protected  area  for  vulnerable  deep-sea  habitats  as  set  out  in 
paragraph 1 must make VMS reports every hour. 

6.  Pelagic  vessels  who  have  concluded  fishing  in  a  protected  area  for  vulnerable  deep-sea 
habitats as set out in paragraph 1 must inform the Irish FMC on departure from the area. They 
shall at the same time notify quantities of fish retained on board. 

7. Fishing for pelagic species in a protected area for vulnerable deep-sea habitats as set out in 
paragraph 1 is restricted to having onboard or fishing with nets with a mesh size in the range 
of 16-31 mm or 32-54 mm. 

Article 34f  
Measures for the protection of a vulnerable deep-sea habitat in ICES Division VIIIc 

1.  It  shall  be  prohibited  to  conduct  bottom  trawling  and  fishing  with  static  gear,  including 
bottom  set  gill-nets  and  long-lines,  within  the  area  enclosed  by  sequentially  joining  with 
rhumb  lines  the  following  coordinates,  which  shall  be  measured  according  to  the  WGS84 
system: 

El Cachucho: 

– 

– 

– 

– 

44o12.00' N, 05o16.00' W 

44o12.00' N, 04o26.00' W 

43o53.00' N, 04o26.00' W 

43o 53.00' N, 05o16.00' W 

2.  By  way  of  derogation  from  the  prohibition  set  out  in  the  paragraph  1,  vessels  having 
conducted  fisheries  with  bottom  set  long-lines  in  2006,  2007  and  2008  targeting  greater 
forkbeard  may  obtain  from  their  fishing  authorities  a  special  fishing  authorisation  allowing 
them to continue conducting that fishery in the area south of 44o00.00' N. All vessels having 
obtained this special fishing authorisation shall, independently from their overall length, have 
in use an operational, fully functioning secure VMS which complies with the respective rules, 
when conducting fisheries in the area set out in paragraph 1." 

(10) 

Article 38 is deleted. 

(11) 

Article 47 is deleted. 

(12) 

In Annex I, footnote 6 to the table is deleted. 

(13) 

In Annex XII, in the table, the rows corresponding to the short-necked clam and the 
octopus are replaced by the following:  

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Species 

Minimum Size 

Regions 1 to 5, 
except 
Skagerrak/Kattegat 

Skagerrak/Kattegat 

Short-necked clam (Ruditapes philippinarum) 

35mm 

Species 

Minimum Size: Regions 1 to 5, except 
Skagerrak/Kattegat 

Octopus (Octopus Vulgaris) 

Whole  area  except  waters  under  sovereignty  or 
jurisdiction of Region 5: 750 grammes  

Waters under sovereignty or jurisdiction of Region 
5: 450 grammes (gutted) 

(14) 

In Annex XIV, the following are inserted in their corresponding alphabetical order of 
vernacular names: 

VERNACULAR NAME 

SCIENTIFIC NAME 

Boarfish 

Capros aper 

Greater forkbeard 

Phycis blennoides 

Redfish 

Sardinelles 

Sebastes spp. 

Sardinella aurita 

(15) 

The following Annexes XIVa to XIVd are inserted: 

"ANNEX XIVa 

SPECIFICATIONS FOR A SORTING GRID  

1. The grid shall be rectangular. The bars of the grid shall be parallel to the longitudinal axis 
of the grid. The bar spacing of the grid shall not exceed 35 mm. It shall be permitted to use 
one or more hinges in order to facilitate its storage on the net drum. 

2. The grid shall be mounted diagonally in the trawl, upwards backwards, anywhere from just 
in front of the codend to the anterior end of the untapered section. All sides of the grid shall 
be attached to the trawl.  

3.  In  the  upper  panel  of  the  trawl  there  shall  be  an  unblocked  fish  outlet  in  immediate 
connection to the upper side of the grid. The opening of the fish outlet shall have the same 
width in the posterior side as the width of the grid and shall be cut out to a tip in the anterior 
direction along mesh bars from both sides of the grid. 

EN 

29 

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4. It shall be permitted to attach in front of the grid a funnel to lead the fish towards the trawl 
floor and grid. The minimum mesh size of the funnel shall be 70 mm. The minimum vertical 
opening  of  the  guiding  funnel  towards  the  grid  shall  be  15  cm.  The  width  of  the  guiding 
funnel towards the grid shall be the grid width.  

ANNEX XIVb 

CONDITIONS FOR FISHERIES WITH CERTAIN TOWED GEARS AUTHORISED 
IN THE BAY OF BISCAY 

1. Specifications of the top square mesh panel  

The panel shall be a rectangular section of netting. There shall be only one panel. The panel 
shall not be obstructed in any way by either internal or external attachments. 

2. Location of the panel 

The panel shall be inserted into the middle of the top panel of the rear tapered section of the 
trawl just in front of the untapered section constituted by the extension piece and the codend. 

The  panel  shall  terminate  not  more  than  12  meshes  from  the  hand  braided  row  of  meshes 
between the extension piece and the rear tapered section of the trawl. 

3. Size of the panel 

The length of the panel shall be at least 2 metres and the width of the panel at least 1 metre. 

4. Netting of the panel 

The  meshes  shall  have  a  minimum  mesh  opening  of  100  mm.  The  meshes  will  be  square 
meshes, i.e. all four sides of the panel netting shall be cut all bars. 

The  netting  shall  be  mounted  such  that  the  bars  run  parallel  and  perpendicular  to  the 
longitudinal axis of the codend.  

The netting shall be single twine. The twine thickness shall be not more than 4 mm. 

5. Insertion of the panel into the diamond mesh netting 

It shall be permitted to attach a selvedge on the four sides of the panel. The diameter of this 
selvedge shall be no more than 12 mm.  

The stretched length of the panel shall be equal to the stretched length of the diamond meshes 
attached to the longitudinal side of the panel. 

The number of diamond meshes of the top panel attached to the smallest side of the panel (i.e. 
one metre long side which is perpendicular to the longitudinal axis of the codend) shall be at 
least the number of full diamond meshes attached to the longitudinal side of the panel divided 
by 0,7. 

EN 

30 

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6. The insertion of the panel into the trawl is illustrated below. 

ANNEX XIVc 

SQUARE MESH PANEL FOR VESSELS OF GREATER THAN 15METRES 

1. Specifications of the top square mesh panel 

The  panel  shall  be  a  rectangular  section  of  netting.  The  netting  shall  be  single  twine.  The 
meshes shall be square meshes, i.e. all four sides of the panel netting shall be cut all bars. The 
mesh  size  shall  be  equal  or  more  than  120  mm.  The  length  of  the  panel  shall  be  at  least  3 
metres except when incorporated into nets towed by vessels of less than 112 kilowatts, when 
it must be of at least 2 metres in length. 

2. Location of the panel 

The panel shall be inserted into the top panel of the codend. The rearmost edge of the panel 
shall  be  no  more  than  12  metres  from  the  codline  as  defined  in  Article  8  of  Commission 
Regulation (EEC) No 3440/8418. 

3. Insertion of the panel into the diamond mesh netting 

There shall be no more than two open diamond meshes between the longitudinal side of the 
panel  and  the  adjacent  selvedge.  The  stretched  length  of  the  panel  shall  be  equal  to  the 
stretched  length  of  the  diamond  meshes  attached  to  the  longitudinal  side  of  the  panel.  The 
joining rate between the diamond meshes of the top panel of the codend and the smallest side 

18 

OJ L 318, 07.12.1984, p.23 

EN 

31 

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of the panel shall be three diamond meshes to one a square mesh for 80 mm codends, or two 
diamond meshes to one square mesh for 120 mm codends, except for edge bars of the panel 
from both sides. 

SQUARE MESH PANEL FOR VESSELS OF LESS THAN 15METRES 

1. Specifications of the top square mesh panel 

ANNEX XIVd 

The  panel  shall  be  a  rectangular  section  of  netting.  The  netting  shall  be  single  twine.  The 
meshes shall be square meshes, i.e. all four sides of the panel netting shall be cut all bars. The 
mesh  size  shall  be  equal  or  more  than  110  mm.  The  length  of  the  panel  shall  be  at  least  3 
metres except when incorporated into nets towed by vessels of less than 112 kilowatts, when 
it must be of at least 2 metres in length. 

2. 

Location of the panel 

The panel shall be inserted into the top panel of the codend. The rearmost edge of the panel 
shall  be  no  more  than  12  metres  from  the  codline  as  defined  in  Article  8  of  Commission 
Regulation (EEC) No 3440/84. 

3. 

Insertion of the panel into the diamond mesh netting 

There shall be no more than two open diamond meshes between the longitudinal side of the 
panel  and  the  adjacent  selvedge.  The  stretched  length  of  the  panel  shall  be  equal  to  the 
stretched  length  of  the  diamond  meshes  attached  to  the  longitudinal  side  of  the  panel.  The 
joining rate between the diamond meshes of the top panel of the codend and the smallest side 
of the panel shall be two diamond meshes to one a square mesh, except for edge bars of the 
window from both sides." 

Article 2 
Repeal of Regulation (EC) No 1288/2009 

Regulation (EC) No 1288/2009 is hereby repealed. 

Article 3 
Entry into force 

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

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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