CELEX: 51997PC0139
Language: en
Date: 1997-04-08
Title: Proposal for a COUNCIL REGULATION (EC) laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound - (codified version)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 08.04.1997
                                                   COM(97) 139 final
                                                   97/ 0013 (CNS)
                                    Proposal for a
                          ÇQUNCH, REGULATION (JSC)
laying down certain technical measures for the conservation of fishery resources in the
                  waters of the Baltic Sea, the Belts and the Sound
                                  (codified version)
                           (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                 EXPIANATORY MEMORANDUM
1. In the context of a people's Europe, the Commission attaches great importance to
   simplifying and clarifying Community law so as to make it clearer and more accessible
   to the ordinary citizen, thus giving him new opportunities and the chance to make use
   of the specific rights it gives him.
   This aim cannot be achieved so long as numerous provisions that have been amended
   several times, often quite substantially, remain scattered, so that they must be sought
   partly in the original instrument and partly in later amending ones. Considerable re-
   search work, comparing many different instruments, is thus needed to identify the
   current rules.
   For this reason a consolidation of rules that have frequendy been amended is also
   essential if Community law is to be clear and transparent
2. On 1 April 1987 the Commission therefore decided to instruct its staff that all legis-
   lative measures should be consolidated after no more than ten amendments, stressing
   that this was a minimum requirement and that departments should endeavour to con-
   solidate at even shorter intervals the texts for which they were responsible, to ensure
   that the Community rules were clear and readily understandable.
3. The Conclusions of the Presidency of the Edinburgh European Council (December
   1992) confirmed this, stressing the importance of legislative consolidation as it offers
   certainty as to the law applicable to a given matter at a given time.
   It must be undertaken in full compliance with the normal Community legislative pro-
   cedure.
   Given that no changes of substance may be made to the instruments affected by legis-
   lative consolidation. Parliament, the Council and the Commission have agreed, by an
   interinstitutional agreement dated 20 December 1994, that an accelerated procedure
   may be used for the fast-track adoption of codification instruments.
4. The purpose of this proposal (l) for legislative consolidation of Council Regula-
   tion (EEC) No 1866/86 of 12 June 1986 laying down certain technical measures for
   the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the
   Sound is to undertake official codification of this type. The new regulation will super-
   sede the various regulations incorporated in it ( 2 ); their content is fully preserved, and
   they are brought together with only such formal amendments as are required by the
   codification exercise itself.
5. This legislative consolidation proposal was drawn up on the basis of a preliminary
   consolidation, in ail the official languages, of Regulations (EEC) No 1866/86 and the
   instruments amending it, carried out by the Office for Official Publications of the
   European Communities, by means of the data-processing system referred to in the
   conclusions of the European Council meeting at Edinburgh. Although the articles
   have been given new numbers, the old numbering has been retained in the margin for
   ease of reference; the correlation between the old and new numbers is shown in a
   table set out in Annex VI, Part A to the consolidated Regulation.
     (*) Entered in the legislative programme for 1996.
     (2) See Part B of Annex VI.
 ---pagebreak---                                                  Proposal for a
                                      COUNCIL REGULATION (EC) No
                                                       of...
      laying down certain technical measures for the conservation of fishery resources in the waters
                                  of the Baltic Sea, the Belts and the Sound
    THE COUNCIL OF THE EUROPEAN UNION,
    Having regard to the Treaty establishing the European
    Community, and in particular Article 43 thereof,
    Having regard to the proposal from the Commission,
    Having regard to the opinion of the European Parlia-
    ment (*),
    Having regard to the opinion of the Economic and So-
    cial Committee ( 2 ),
1)  Whereas Council Regulation (EEC) No 1866/86 of 12
    June 1986 laying down certain technical measures for
    the conservation of fishery resources in the waters of the
    Baltic Sea, the Belts and the Sound (3) has been fre-
    quently and substantially amended; whereas for reasons
    of clarity and rationality the said Regulation should be
    consolidated;
2)  Whereas, under Articles 2 and 4 of Council Regulation                   2250/95
    (EEC) No 3760/92 of 20 December 1992 establishing a
    Community system for fisheries and aquaculture ( 4 ), the
    Council is responsible for adopting, in the light of the
    available scientific advice, the conservation measures
    necessary to ensure the rational and responsible exploita-
    tion of living marine aquatic resources on a sustainable
    basis; whereas, to that end, the Council may lay down
    technical measures concerning fishing gear and the ways
    in which it is used;
3) Whereas it is necessary to establish the principles and
   certain procedures for laying down the said technical
    measures at Community level so that each Member
   State can manage the fishing activities carried on in the
    maritime waters within its jurisdiction or under its sover-
   eignty;
4) Whereas the accession of the Community to the Conven-                   1866/86
   tion on Fishing and Conservation of the Living Re-                      (adapted)
   sources in the Baltic Sea and the Belts, as amended by
   the Protocol to the Conference of the Representatives of
   the States Parties to the Convention and hereinafter re-
   ferred to as 'the Gdansk Convention', was approved by
   Council Decision 83/414/EEC ( 5 );
   ()    OJ No C....
   (2) OJ No C....
   (3) OJ No L162,18.6.1986, p. 1. Regulation as last amended by
         Regulation (EC) No 1821/96 (OJ No L 241,21.9.19%, p. 8).
   ( 4 ) OJNoL389,31.12.1992, p. 1.
   (5) OJ No L 237, 26. 8.1983, p. 4.
 ---pagebreak--- 5) Whereas the Gdansk Convention entered into force with         1866/86
   respect to the Community on 18 March 1984 and the             (adapted)
   Community accepted all the rights and obligations of
   Denmark and the Federal Republic of Germany as laid
   down by the Gdansk Convention;
6) Whereas the International Baltic Sea Fishery Commis-      4.  2250/95
   sion, set up by the Gdansk Convention, has adopted,       +  (adapted)
   since it was established, a body of measures for the con- 4.  1866/86
   servation and management of fishery resources in the      +
   Baltic Sea and has, by its letters of 20 September 1985,  3. 2244/87
   8 December 1986, 21 December 1987, 29 October 1988,       +
   20 September 1993, 20 September 1994 and 11 Sep-          3. 2178/88
   tember 1995, notified the contracting parties of certain  +
   recommendations to modify those technical measures;       3. 887/89
                                                             +
                                                             5. 2250/95
                                                             +
                                                             4. 1821/96
7) Whereas the Gdansk Convention provides that the Com-         2250/95
   munity must give effect to the said recommendations in       (adapted)
   the waters of the Baltic Sea, the Belts and the Sound,
   subject to the objection procedure laid down in Article
   XI of the Convention;
8) Whereas the most effective means of minimizing catches       2156/91
   of small fish is to prohibit fishing in those areas where
   they are heavily concentrated,
   HAS ADOPTED THIS REGULATION:
 ---pagebreak---                                               Article 1                         1866/86
                                Definition of the geographical area
                  1. This Regulation concerns the taking and landing of
                  fishery resources occurring in the waters of the Baltic Sea,
                  the Belts and the Sound bounded to the west by a line
                  drawn from Hasenore Head to Gniben Point, from Kor-
                  shage to Spodsbjerg and from Gilbjerg Head to the
                  Kullen. It does not apply to waters within the baselines.
                  2.    It applies to:                                          (adapted)
                  —    Community fishermen in the geographical area de-
                        scribed in paragraph 1;
                  —    all fishermen in the waters of this area which lie
                        under the sovereignty or jurisdiction of the Member
                        States.
                  3. The geographical area is divided into 11 subdivisions
                  numbered 22 to 32 which are described in Annex I.
                                              Article 2
                  Ban on fishing for certain species in certain geographical
                                   areas during certain periods
                  1. It shall be prohibited to retain on board the following    887/89 - Art 1 (1)
                  species of fish which have been taken in the waters and
                  during the periods listed below:
          Species                      Waters             Period of prohibition
 Flounder     (Platichihys subdivision 26               1 February to 30 April
flesus)
 Flounder                    subdivision 28 and 29 1 February to 30 April
                             south      of    latitude
                             59*3CN
 Flounder                    subdivision 32             1 February to 30 June
Female Flounder              subdivision 22 except 1 February to 30 April
                             for the geographical
                             area     described     in
                             Annex II
Plaice      (Pleuronectes subdivision 26                1 February to 30 April
platessa)
Plaice                       subdivisions 27, 28 and 1 February to 30 April
                             29 south of latitude
                             59*30^
Female Plaice                subdivision 22 except 1 February to 30 April
                             for the geographical
                             area     described     in
                             Annex II and subdivi-
                             sions 24 and 25
 ---pagebreak---                                                                               887/89 - Art. 1 (1)
        Species                      Waters             Period of prohibition
Turbot (Psetta maxima)       subdivisions 22, 24, 25     1 June to 31 July
                           and 26
Brill   (Scophthalmus subdivisions 22, 24, 25            1 June to 31 July
rhombus)                   and 26
                 2. By way of derogation from the provisions of para-          1866/86
                 graph 1, by-catches of flounder and plaice in fishing for
                 cod, taken during the periods of prohibition referred to in
                 that paragraph, may be retained on board within a limit of
                 10 % by weight of the total catch of cod on board the
                 vessel.
                                            Article 3
                                       Minimum fish sizes
                 1. A fish shall be regarded as undersized if it is smaller
                 than the minimum size specified in Annex III for the
                 species and waters in question.
                 2. The size of a fish shall be measured from the tip of
                 the snout, with mouth closed, to the extreme end of the
                 tail fin.
                 3. Fish smaller than the minimum size, even where such
                 fish are part of a by-catch, shall not be retained on board
                 or be transhipped, landed, transported, processed, pre-
                 served, sold or stored, displayed or offered for sale. They
                 must be returned to the sea, if at all possible while still
                 alive, immediately after being taken.
                4. By way of derogation from paragraph 3, undersized          2250/95 - Art. 1 (2)
                cod may be kept on board within a limit of 5 % by weight
                of the cod catch on board.
                5. The     by-catch of cod taken when fishing for herring     2250/95 - Art. 1 (3)
                and sprat   shall not exceed 10 % of the total weight of the
                catch. Of  this by-catch of cod, no more than 5 % of under-
                sized cod  shall be kept on board.
                                            Article 4                         1866/86
                            Determination of by-catch percentage
                1. The percentage of the by-catches referred to in Ar-
                ticle 2 (2) shall be measured as a proportion by weight of
                the total quantity of cod on board after sorting or of all
                cod in the hold or on landing.
 ---pagebreak---    2. The percentage of the by-catches referred to in Ar-         1866/86
   ticle 3 (4) shall be measured as a proportion by weight of
    the total quantity of fish on board after sorting or of all
   fish in the hold or on landing.
   3. Detailed rules for the determination of percentage by-
   catches may be adopted in accordance with the procedure
    referred to in Article 13.
                              Article 5
                        Minimum mesh size
   1. It shall be prohibited to use or to tow any trawl, Dan-
   ish seine or similar net having meshes of a smaller size
   than those laid down in Annex IV for the waters, species
   or group of species of fish concerned.
   2. It shall be prohibited to use anchored floating nets or
  drift nets having meshes of a smaller size than those laid
  down in Annex IV for salmon fishery.
  3. It shall be prohibited to use gill nets having meshes       887/89 - Art. 1 (2)
  of a smaller size than those laid down in Annex IV for the
  waters, species or groups of species of fish concerned.
                             Article 6                           1866/86
                   Measurement of mesh size
  1. During the inspection of nets, meshes shall be              2250/95 - Art. 1 (4)
  measured using a flat gauge which is 2 mm thick and made
 of durable material that will retain its shape. It shall have
 several parallel-edge sides connected by intermediate
 tapering sides each with a taper of 1 cm in 8 cm or shall
 have tapering sides only, with the same taper as indicated
 above. The gauge shall be inscribed on its surface with the
 width in millimetres both on the parallel-sided section,
where one exists, and on the tapering section. In the case
 of the latter, the width shall be inscribed every 1 mm in-
terval, and the indication of the width shall appear at reg-
ular intervals.
2. To measure the size of a mesh, the gauge shall be            1866/86
inserted by its narrowest extremity into the mesh opening
in a direction perpendicular to the plane of the net so as
to measure the long axis of the mesh when stretched diag-
onally lengthwise. The gauge shall be inserted into the
mesh opening with manual force until it is stopped at the
tapering edges by the resistance of the mesh. The size of
an individual mesh shall be the width of the gauge at the
point where the gauge is stopped.
 ---pagebreak--- 3. The mesh size of a net shall be the average size of at     1866/86
least one series of 20 consecutive meshes in the direction
of the long axis of the net, chosen at random. Meshes less
than 10 meshes and within 50 cm from lacings, ropes or
codline shall not be measured. This distance shall be
 measured perpendicular to the lacings, ropes or codline
with the net stretched in the direction of that measure-
ment
4. The meshes of a net shall be measured only when the
net is wet
5. An individual mesh shall not be considered under-
sized if the section of the gauge corresponding to the mini-
mum size listed in Annex IV for the species, waters and
type of net concerned, passes easily through it.
                           Article 7
                     Attachments to nets
1. By way of derogation from Article 5 (1) it shall be
permitted to attach to the outside of the lower half of the
codend of any trawl, Danish seine or similar net, any can-
vas, netting or other material which has the purpose of
preventing or reducing wear. Such material shall be at-
tached along the forward and lateral edges of the codend
only.
2. By way of derogation from Article 5 (1), it shall be       2178/88 - Art 1 (2)
permitted to attach to the outside of the codend and the
lengthening piece a strengthening bag. A strengthening bag
is a cylindrical piece of netting completely surrounding the
codend and the lengthening piece. It may be made of
either the same or heavier material as the codend or
lengthening piece. The mesh size of the strengthening bag
shall be at least twice as large as that of the codend except
that its minimum mesh size shall not be less than 80 mm.
A strengthening bag may be attached at the following
points:
(a) at its forward edge; and
(b) at its rear edge; and, either
(c) laced circumferentially to the codend and the
      lengthening piece around one row of meshes; or
(d) laced longitudinally along a single row of meshes.
3. By way of derogation from Article 5 (1), it shall be       1866/86
permitted to use in trawls, Danish seines and similar nets a
non-return net or flapper which has a mesh size smaller
than that of the codend.
The flapper may be attached either inside the codend or in
front of the codend.
 ---pagebreak---  The distance from the point of forward attachment of the       1866/86
 flapper to the rear end of the codend shall be at least
 three times the length of the flapper.
                            Article 8
                          Use of gear
 1. Gear that may not be used within a certain geo-
 graphical area or during a certain period shall be stowed
 away on board in such a manner that it is not ready for
 use in the prohibited area or during the prohibited period.
 Reserve gear shall be stowed away separately and in such
 a manner that it is not ready for use.
 2.    Fishing gear shall be considered not ready for use if:
 —    in the case of trawls, Danish seines and similar nets,
      (a) the trawl boards are made fast to the inner or
            outer side of the bulwark or the gallows; and
      (b) sweep lines or warps are unshackled from the
            trawl boards or weights;
 —     in the case of salmon-fishing gear,
      (a) the nets are stowed under a lashed cover;
      (b) the lines and hooks are kept in closed boxes;
—     in the case of purse seines, the main or bottom wire
      is unshackled from the seine.
3. It shall be prohibited, throughout the year, to fish        2156/91 - Art 1
with any trawl, Danish seine and similar net in the geo-
graphical area bounded by a line joining the following
coordinates:
54*23'N                  14' 35' E
54* 14' N                14* 25' E
54* 17' N                14* 17' E
54* 24' N                14* 11' E
54* 27' N                14' 25' E
54* 23' N                14* 35' E.
4. By way of derogation from paragraph 1, during fish-        2250/95 - Art 1 (5)
ing for cod, only gear authorized for fishing for cod or      (adapted)
gear with a larger mesh size than the sizes laid down in
Annex IV may be allowed to be kept on board. If there is
gear on board that is not authorized for fishing for cod,
the landing of cod shall be prohibited.
 ---pagebreak---                             Article 9                         2178/88 - Art 1 (3)
      Restrictions on fishing for salmon and sea trout
 1. It shall be prohibited, in fishing for salmon (Salmo      1821/96 - Art 1 (1)
salar) or sea trout (Salmo trutta):
—     to use drifting or anchored nets from 15 June to 30
      September in the waters of subdivisions 22 to 28, 29
      south of 59* 30" N and 32,
—     to use drifting or anchored nets from 1 June to 15
      September in the waters of subdivisions 29, 30 and 31
      north of 59* 3C N,
—     to use drifting lines and anchored lines from 1 April
      to 15 November in the waters of subdivisions 22 to
      31,
—     to use drifting lines and anchored lines from 1 July to
      15 September in the waters of subdivision 32.
The area of prohibition during the closed season is beyond
four nautical miles measured from the baselines, except in
subdivision 32 and the area east of longitude 22* 3C E
(Bengtskâr lighthouse) inside the Finnish fishery zone
where fishing with drift!ines and anchored lines is prohib-
ited from 1 July to 15 September.
2. It shall be prohibited, in fishing for salmon (Salmo       2178/88 - Art 1 (3)
salar) or sea trout (Salmo trutta):
—    where fishing is conducted using anchored floating
      nets and drift nets, to use more than 600 nets at
     once per vessel, the length of each net not exceeding
      35 metres measured in the gear's headrope. In addi-
      tion to the number of nets permitted for fishing, not
      more than 100 reserve nets may be kept on board,
—    where fishing is conducted by means of drifting lines
      or anchored lines, to use more than 2 000 hooks at
      once per vessel.
Hooks on drifting lines and anchored lines shall have a
minimum distance between the point and the shaft of at
least 19 mm.
In addition to the number of hooks permitted in fishing, a
maximum of 200 reserve hooks may be kept on board.
                      General Provisions                      1866/86
                           Article 10
1. It shall be prohibited to fish directly for cod and flat-
fish (Pleuronectidae) with the intention of landing them for
purposes other than human consumption.
                                           10
 ---pagebreak---  2. Explosives, poisonous or stupefying substances may         1866/86
 not be used for the purpose of catching fish.
 3. It shall be prohibited to use anchored or drifting gear
 without marking it with buoys or other identification
 marks.
 4. It shall be prohibited to release exotic species into the  (adapted)
 Baltic Sea, the Belts and the Sound or to fish for exotic
 species and sturgeon, unless authorized by the rules
 adopted in accordance with the procedure referred to in
 Article 13 and with the obligations arising from the
 Gdansk Convention. Exotic species are defined as those
which do not occur naturally in the Baltic Sea, the Belts
 and the Sound.
                          Article 11
This Regulation shall not apply to fishing operations con-
 ducted solely for the purpose of scientific investigations
which are carried out with the permission and under the
 authority of the Member State or Member States con-
cerned and of which the Commission and the Member
State or Member States in whose waters the research is
carried out have been informed in advance.
Fish, crustaceans and molluscs caught for the purposes
specified in the first paragraph may be sold, stored, dis-
played or offered for sale provided that:
—     they meet the standards laid down in Annexes II and     (adapted)
      HI and the marketing standards adopted pursuant to
      Article 2 of Council Regulation (EEC) No
      3759/92 (!), or
—     they are sold directly for purposes other than human
      consumption.
A vessel conducting any of the operations referred to in
the first paragraph must carry on board an authorization
issued by the Member State whose flag the vessel is flying.
                          Article 12
This Regulation shall not apply to fishing operations car-
ried out during the course of artificial restocking or trans-
plantation of fish, crustaceans or molluscs.
Fish, crustaceans and molluscs caught for the purposes set    2178/88 - Art 1 (4)
out in the first paragraph may not be sold for human con-
sumption in contravention of the other provisions of this
Regulation.
                          Article 13                          1866/86
1. Member States may take measures for the conserva-          (adapted)
tion and management of stocks where such measures con-
cern:
 (!) OJ No L 388,31.12.1992, p. 1.
                                          11
 ---pagebreak---  (a) strictly local stocks of value only to the fishermen of  1866/86
       the relevant Member State; or
 (b) conditions or procedures designed to limit catches by
       technical measures:
       (i)  supplementing those defined in Community fish-
            eries regulations; or
       (ii) going beyond minimum requirements set out in
            such regulations,
 provided that such measures are applicable solely to the     (adapted)
 fishermen of the Member State concerned, are compatible
with Community law and consistent with the common fish-
 eries policy or with obligations under the Gdansk Conven-
 tion.
2. The Commission shall be informed of any draft for
the introduction or amendment of national technical
measures early enough to make its comments.
If within one month after such notification the Commission
so requests, the Member State concerned shall suspend the
entry into force of the planned measures for three months
from the date of notification to enable the Commission to
rule within this time limit on the compatibility of the
measures with the provisions of paragraph 1.
Where the Commission finds, in a decision of which it
must inform the other Member States, that a planned
measure does not comply with the provisions of paragraph
1, the Member State concerned may not implement the
measure without making the necessary changes.
The Member State concerned shall communicate without
delay to the other Member States and the Commission the
measures adopted, where appropriate after making the
necessary changes.
3. The Member States shall supply to the Commission,
on its request, all information needed for the assessment
of whether the national technical measures comply with
the provisions of paragraph 1.
4. At the initiative of the Commission or on a request       (adapted)
from any Member State, the question of whether a nation-
al technical measure implemented by a Member State
complies with the provisions of paragraph 1 may be re-
ferred to the Management Committee for examination in
accordance with Article 17 of Regulation (EEC) No
3760/92, and a decision may be taken in accordance with
the procedure laid down in Article 18 of that Regulation.
Where such a decision is taken, the third and fourth sub-
paragraphs of paragraph 2 shall apply mutatis mutandis.
5. Where the Commission finds that a measure notified
does not comply with the provisions of paragraph 1, it
shall adopt a decision, within not more than one year from
the date of notification of the measure, to the effect that
the Member State must terminate or amend the measure
within a time limit which the Commission shall indicate.
The provisions of the fourth subparagraph of paragraph 2
shall apply mutatis mutandis.
                                          12
 ---pagebreak--- 6. Measures concerning aquaculture and fishing from the       1866/86
shore shall be notified by the Member State to the Com-
mission for information purposes only.
Aquaculture' shall be taken to mean the farming of fish,
crustaceans or molluscs in salt or brackish water.
                         Article 14
Detailed rules for the application of this Regulation shall   (adapted)
be adopted in accordance with the procedure laid down in
Article 18 of Regulation (EEC) No 3760/92.
                         Article 15
Regulation (EEC) No 1866/86 is hereby repealed
References to the said Regulation shall be construed as
references to this Regulation and should be read in ac-
cordance with the correlation table set out in Part A of
Annex VI.
                         Article 16
This Regulation enters into force on the twentieth day
following that of its publication in the Official Journal of
the European Communities.
This Regulation shall be binding in its entirety and directly
applicable in all Member States.
Done at Brussels,
                                        For the Council
                                        The President
                                          13
 ---pagebreak---                                                                                  ——^——mmi iy.i^
                          y47V7V£AT/                         1866/86
   SUBDIVISIONS OF THE GEOGRAPHICAL AREA                     (adapted)
              REFERRED TO IN ARTICLE 1
Subdivision 22
The waters bounded by a line drawn from Hasenpre Head
(56* 09' N, 10" 44' E) on the east coast of Jutland to Gni-
ben Point (56* 01' N, 11° 18' E) on the west coast of Zea-
land; then along the west coast and south coast of Zealand
to a point situated at longitude 12* 00' E; from there, due
south to the island of Falster; then along the east coast of
the island of Falster to Gedser Odde (54* 34' N,
11* 58' E); then due east to longitude 12* 00' E; then due   2250/95 - Art 1 (6)
south to the coast of Germanv: then in a south-westerlv      (adapted)
direction along the coast of Germanv and the east coast of
Jutland as far as the point of departure.
Subdivision 23
The waters bounded by a line drawn from Gilbjerg Head
(56*08'N, 12* 18'E) on the north coast of Zealand to
Kullen (56* 18' N, 12* 28' E) on the coast of Sweden; then
in a southerly direction along the coast of Sweden to the
Falsterbo lighthouse (55* 23' N, 12* 50* E); then through
the southern entrance to the Sound to the Stevns light-
house (55* 19' N, 12° 28' E) on the coast of Zealand; then
in a northerly direction along the east coast of Zealand as
far as the point of departure.
Subdivision 24
The waters bounded by a line drawn from the Stevns light-
house (55* 1 9 ^ , 12* 28'E) on the east coast of Zealand
through the southern entrance to the Sound to the Falster-
bo lighthouse (55* 23' N, 12* 507 E) on the coast of Swe-
den; then along the south coast of Sweden to the Sand-
hammaren lighthouse (55* 24' N, 14* 12' E); from there to
the Hammerodde lighthouse (55* 18' N, 14* 47' E) on the
north coast of Bornholm; then along the west and south
coasts of Bornholm to a point situated at longitude
15* 00' E; from there due south to the coast of Poland;
then in a westerly direction along the coasts of Poland and
Germany to a point situated at longitude 12* 007 E; then     2250/95 - Art 1 (6)
due north to a point situated at latitude 54* 34' N and lon- (adapted)
gitude 12* OO7 E; then due west to Gedser Odde
(54*34'N, 11*58'E); from there, along the east and
north coast of the island of Falster to a point situated at
longitude 12* 00' E; from there, due north to the south
coast of Zealand; then in a westerly and northerly direc-
tion along the west coast of Zealand as far as the point of
departure.
                                          14
 ---pagebreak--- Subdivision 25                                               1866/86
The waters bounded by a line drawn from a point on the
east coast of Sweden at latitude 56* 3ff N and proceeding
due east to the west coast of the island of Ôland; then,
after passing south of the island of Ôland to a point on
the east coast situated at latitude 56* 30v N, due east to
longitude 18* Off E; then due south to the coast of Poland;
then in a westerly direction along the coast of Poland to a
point situated at longitude 15* Off E; then due north to the
island of Bornholm; then along the south and west coasts
of Bornholm to the Hammerodde lighthouse (55* 18' N,
14* 47' E); then to the Sandhammaren lighthouse
(55* 24' N, 14* 12' E) on the south coast of Sweden; then
in a northerly direction along the east coast of Sweden as
far as the point of departure.
Subdivision 26
The waters bounded by a line drawn from a point situated     (adapted)
at latitude 56* 3ff N and longitude 18* Off E and proceed-
ing due east to the west coast of the former USSR; then in
a southerly direction along the coasts of the former USSR
and Poland to a point on the Polish coast situated at longi-
tude 18* Off E; then due north as far as the point of de-
parture.
Subdivision 27
The waters bounded by a line drawn from a point on the
east mainland coast of Sweden situated at latitude
59* 41' N and longitude 19* Off E and proceeding due
south to the north coast of the island of Gotland; then in
a southerly direction along the west coast of Gotland to a
point situated at latitude 57* Off N ; then due west to lon-
gitude 18* Off E; then due south to latitude 56"3ffN;
then due west to the east coast of the island of Ôland;
then, after passing south of the island of Ôland, to a point
on its west coast situated at latitude 56* 3ff N; then due
west to the coast of Sweden; then in a northerly direction
along the east coast of Sweden as far as the point of de-
parture.
                                          15
 ---pagebreak--- Subdivision 28                                                1866/86
The waters bounded by a line drawn from a point situated      (adapted)
at latitude 58* 3ff N and longitude 19" Off E and proceed-
ing due east to the west coast of the island of Saaremaa;
then, after passing north of the island of Saaremaa, to a
point on its east coast situated at latitude 58* 3ff N; then
due east to the coast of the former USSR; then in a south-
erly direction along the west coast of the former USSR to
a point situated at latitude 56* 3ff N; then due west to
longitude 18* Off E; then due north to latitude 57* Off N;
then due east to the west coast of the island of Gotland;
then in a northerly direction to a point on the north coast
of Gotland situated at longitude 19* Off E; then due north
as far as the point of departure.
Subdivision 29
The waters bounded by a line drawn from a point on the        (adapted)
east mainland coast of Sweden situated at latitude
60° 30' N and proceeding due east to the mainland coast
of Finland; then in a southerly direction along the west
and south coasts of Finland to a point on the south main-
land coast situated at longitude 23* Off E; then due south
to latitude 59* Off N; then due east to the mainland coast
of the former USSR; then in a southerly direction along
the west coast of the former USSR to a point situated at
latitude 58* 3ff N; then due west to the east coast of the
island of Saaremaa; then, after passing north of the island
of Saaremaa, to a point on its west coast situated at lati-
tude 58' 3ff N; then due west to longitude 19* Off E; then
due north to a point on the east mainland coast of Sweden
situated at latitude 59* 41' N; then in a northerly direction
along the east coast of Sweden as far as the point of de-
parture.
Subdivision 30
The waters bounded by a line drawn from a point on the
east coast of Sweden situated at latitude 63*3ffN and
proceeding due east to the mainland coast of Finland; then
in a southerly direction along the coast of Finland to a
point situated at latitude 60* 3ff N; then due west to the
mainland coast of Sweden; then in a northerly direction
along the east coast of Sweden as far as the point of de-
parture.
                                           16
 ---pagebreak--- Subdivision 31                                              1866/86
The waters bounded by a line drawn from a point on the
east coast of Sweden situated at latitude 63* 3ffN and
proceeding, after passing north of the Gulf of Bothnia, to
a point on the west mainland coast of Finland situated at
latitude 63* 3ff N ; then due west as far as the point of
departure.
Subdivision 32
The waters bounded by a line drawn from a point on the      (adapted)
south coast of Finland situated at longitude 23* Off E and
proceeding, after passing east of the Gulf of Finland, to a
point on the west coast of the former USSR situated at
latitude 59* Off N; then due west to longitude 23* Off E;
then due north as far as the point of departure.
                                        17
 ---pagebreak---                        ANNEX II                            1866/86
BOUNDARIES OF CERTAIN GEOGRAPHICAL AREAS
            REFERRED TO IN ARTICLE 2
Boundaries of the geographical areas, in the Sound, the
Great Belt and the Little Belt, as regards fishing for fe-
male flounder and female plaice:                           2244/87 - Art 1 (5)
—   Falsterbo lighthouse — Stevns lighthouse
— Jungshoved — B0genaessand
—   Hestehoved lighthouse — Maddes Klint
—   Skelby church — Flinthorne Odde
—   Kappel church — Gulstav
—   Ristingehale — /43r0hale
—   Skjoldnaes — P0ls Huk
—   Christian X bridge, S0nderborg
                                       18
 ---pagebreak---                                         ANNEX III                       2250/95 - Art 1 (7)
                   MINIMUM SIZES REFERRED TO IN ARTICLE 3 (1)           (adapted)
             c    .
             Speaes                          ....
                                             Waters             Minimum
               *^                                                  sac
Cod (Gadus morhua)              all subdivisions south of lati-  35 cm
                                tude 59*30^
Flounder (Platichthys flesus)    subdivisions 22 to 25            25 cm
                               subdivisions 26 to 28             21 cm
                               subdivisions 29 and 32 south      18 cm
                               of latitude 59* 3ff N
Plaice (Pleuronectes platessa) subdivisions 22 to 25              25 cm
                               subdivisions 26 to 28            21 cm
                               subdivisions 29 and 32 south      18 cm
                               of latitude 59* 3ff N
Turbot (Psetta maxima)         subdivisions 22 to 32            30 cm
Brill (Scophthalmus rhombus) subdivisions 22 to 32              30 cm
Eel (Anguilla anguilla)        subdivisions 22 to 32            35 cm
Salmon (Salmo salar)           subdivisions 22 to 32            60 cm
                                                         19
 ---pagebreak---                                        ANNEX IV                            2250/95 - Art 1 (8)
                MINIMUM MESH SIZE PROVIDED FOR IN ARTICLE 5                (adapted)
                                                         Minimum mesh
      Species                             iype of net    size. Length of
                                                          long diagonal
Cod       (Gadus subdivisions     22 gillnets               105 mm
morhua)           to 32
                  subdivisions    22 trawls, Danish         105 mm
                  to 32              seines and simi-
                                     lar nets (*)
                  subdivisions    22 trawls, Danish       120 mm (2)
                  to 32              seines, and simi-
                                     lar nets
Flatfish (Pleuro- subdivisions    22 trawls, Danish     120 mm ( 2 ) ( 3 )
nectidae)         to 27              seines, similar
                                     nets and gillnets
                  subdivision 28     trawls, Danish         110 mm
                                     seines, similar
                                     nets and gillnets
                  subdivisions 29 gillnets                  100 mm
                  and 32 south of
                  latitude 59*3ffN trawls, Danish           110 mm
                                     seines and simi-
                                     lar nets
                  subdivisions    22 trawls, Danish       105 mm (4)
                  to 32              seines and simi-
                                     lar nets (1)
Herring (Clupea subdivisions      22 trawls, Danish          32 mm
harengus)         to 27              seines and simi-
                                     lar nets
                  subdivisions 28 trawls, Danish             28 mm
                  and 29 south of seines and simi-
                  latitude 59*3ffN lar nets
                  subdivisions 30 trawls, Danish             16 mm
                  to 32 and subdi- seines and simi-
                  vision 29 north lar nets
                  of        latitude
                  59*3ffN
Sprat (Sprattus subdivisions      22 trawls, Danish          16 mm
sprattus)         to 32              seines and simi-
                                     lar nets
                                                       20
 ---pagebreak---                                                                                  2250/95 - A i t 1 (8)
                                                                 Minimum mesh
       Species               Waters            Type of net       size. Length of
                                                                  long diagonal
Salmon        (Salmo subdivisions     22   anchored float-          157 mm
salar)                 to 32               ing    nets    and
                                           driftnets
(*) Nets fitted with devices such as exit windows or structures that comply with
      the provisions of Annex V, capable of guaranteeing a SO % retention length
      of not less than 38 cm.
  2
( ) Mesh size applicable to all meshes in the final 8 m of the codend, measured
      from the codline, the meshes being stretched according to the longitudinal
      centreline of the net
(3) With the exception of subdivisions 22 and 23 where sole fishing is author-
      ized with a mesh size not smaller than 90 mm.
( 4 ) With the exception of subdivisions 22 - 24 where normal trawls and Danish  1821/96 - A r t 1 (2)
      seines with a mesh opening of 90 mm are allowed.
                                                              21
 ---pagebreak---                          ANNEX V                            2250/95 - Art 1 (9)
             SPECIAL SELECTIVITY DEVICES
In order to guarantee the selectivity of trawls, Danish
seines and similar nets with special mesh openings as re-
 ferred to in Annex IV, the two models of exit windows
below are authorized:
Exit window (model 1)
Two exit windows with plastic coated, fully opened dia-
mond meshes shall be attached to the codend of trawls
and Danish seines in the cod fishery. The mesh opening
shall be no less than 105 mm. The exit windows shall be
attached with a separate piece of netting (between the or-
dinary diamond meshes and the meshes of the exit win-
dow). The mesh size of the separate netting shall be iden-
tical to the bar length of the exit window times the square
root of two.
The exit windows shall be attached on both sides of the
codend, and the distance between the rear end of
the codend and the window shall be 40 to 50 cm. The
length of the window shall be 80 % of the total length of
the codend and the height of the window shall be 50 cm.
The window shall be mounted in a way that gives an open-
ing between the upper and lower seams of the window of
15 to 20 cm.
Exit window (model 2)
Identification
The windows shall be rectangular sections of netting in the
codend. There shall be two windows in the codend.
Size
Each window shall have a minimum width of 45 cm along
its entire length. Each window shall have a minimum
length of 3,5 m measured along its sides (Figure 1 of Dia-
gram 2).
Netting
The meshes in the windows shall have a minimum size of
105 mm. They shall be square meshes, i.e. all four sides of
the window netting will be cut by all bars (Figure 2 of
Diagram 2). The netting shall be mounted such that the
bars run parallel and perpendicular to the length of the
codend (Figure 2). The window width shall be eight open
square meshes. The length shall be between 57 and 62
square meshes (Figure 2 of Diagram 2).
Location
The codend shall be divided into upper and lower panels
by selvedges running down the port and starboard sides
(Figure 1 of Diagram 2). The two windows shall be lo-
cated in the lower panel, immediately adjacent to and be-
low the selvedges (Figure 1 of Diagram 2). The windows
shall terminate a minimum of 2 m and a maximum of
2,5 m from the codline.
                                         22
 ---pagebreak--- The forward end of the window shall be joined to eight     2250/95 - Art. 1 (9)
meshes' width of the normal codend netting (Figure 3 of
Diagram 2). One side shall join to the selvedge or be
joined immediately adjacent to the selvedge and the other
side shall be joined to the normal codend lower panel net-
ting following a straight all knots cut
Mesh size in the whole codend
All parts of the codend shall conform to a minimum mesh
size of 105 mm.
                                         23
 ---pagebreak---                Diagram 1       2250/95 - Art. 1 (9)
         (Exit Window-Model 1)
                                                    40-50 cm
                                            50 cm
15-20 cm
 ---pagebreak---                                               Diagram 2                                2250/95 - Art. 1 (9)
                                       (Exit Window-Model 2)
                    Figure 1 : Position of the square mesh windows in the codend
                                      A suggested specification
                                                                               lifting strop
                                                                                                  *=C
                                         Windows 3,54 m                                 1,8 m
                0,3 m                                                     0,3 m
                                  Square mesh windows are 0,48 m high
                                         Codend cross section
                                                                           4 meshes in selvedge
4 meshes in selvedge                                                       8 meshes for window
                                                                           of square meshes
 ---pagebreak--- Figure 2 : Netting in the square mesh windows            2250/95 - Art. 1 (9)
                                                         (adapted)
           A suggested specification
                                            Square mesh window
                                            8 x 59 square meshes
                                            60 mm half mesh
                                            0 4mm double polyetheicne
                                            107 mm inside mesh size
                                                   All four sides reinforced with
                                                   8 nun polypropylene rope
                     26
 ---pagebreak---                                Figure 3 : Inserting the window in the codend                    2250/95 - Art. 1 (9)
                                                                                                (adapted)
                                           A suggested specification
Selvedge       Forward end of codend                                        !
                                                                           ;  Codend
      EEEEEEÏE))                   ill knots                               j
                                                                           I
                                                                              100 meshes in 60 mm half mesh
                                                                              49 Vi meshes long (6 m)
                                                                           j  0 4mm double polyethelene
         11111111)
      Square mesh window
                                                 354 cm
                                                 stretched
                                                                           !  107 mm inside mesh sire
                                                 length
                                                                                         Lower panel
                              )   all knots
                                                                                          J , 27, mesh
                              )                                                           4
                                                                                              -.so cm
     !—i r~i r~! H n . ,n n )                1
                                                                                              29% mesh
                                                                                             - 3 5 4 cm
                                                                                             2% mesh
                                                                                            " - 3 0 cm
                     Rings for the lifting becket
                                                                                             15 mesh
                                                                                             - 1 8 0 cm
             Opening for square mesh windows
             8 meshes wide x 29% meshes long
                              Codline                       Centre line of lower panel
                                                     27
 ---pagebreak---                                  ANNEX VI
                                   Part A
                            CORRELATION TABLE
Regulation (EEC) No 1866/86            This Regulation
Article  1                             Article 1
Article  2 (1)                         Article 2 (1)
Article  2 (la)
Article  2 (2)                         Article 2 (2)
Article  3                             Article 3
Article  4                             Article 4
Article  5                             Article 5
Article  6                             Article 6
Article  7                             Article 7
Article  8                             Article 8
Article  9                             Article 9
Article  10                            Article 10
Article  11                            Article 11
Article  12                            Article 12
Article  13                            Article 13
Article  14                            Article 14
                                       Article 15
                                       Article 16
Annex   I                              Annex I
Annex   II                             Annex II
Annex   III                            Annex III
Annex   IV (a)
Annex   IV (b)                         Annex IV
Annex   V                              Annex V
                                       Annex VI
                              28
 ---pagebreak---                                                    Part B
                            Regulations amending Regulation (EEC) No 1866/86
                                                                               Official Journal
                                                                            No     page          date
CouncU Regulation (EEC) No 2244/87 of 23 July 1987                        L207      15       29. 7.1987
CouncU Regulation (EEC) No 2178/88 of 18 Jury 1988                        L191        7      22. 7.1988
CouncU Regulation (EEC) No 887/89 of 5 April 1989                         L94        4        7.4.1989
CouncU Regulation (EEC) No 2156/91 of 15 Jury 1991                        L201        1      24. 7.1991
CouncU Regulation (EC) No 2250/95 of 18 September 1995                    L230        1      27. 9.1995
CouncU Regulation (EC) No 1821/96 of 16 September 1996                    L241       8       21. 9. 1996
                                            29
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 139 final
                                             DOCUMENTS
EN                                                              03 11 14      01
                                    Catalogue number : CB-CO-97-133-EN-C
                                                             ISBN 92-78-17934-5
Office for Official Publications of the European Communities
L-2985 Luxembourg
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