CELEX: 51996PC0296
Language: en
Date: 1996-06-25
Title: Proposal for a COUNCIL REGULATION (EC) laying down certain technical measures for the conservation of fishery resources

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51996PC0296

Proposal for a COUNCIL REGULATION (EC) laying down certain technical measures for the conservation of fishery resources  /* COM/96/0296 FINAL - CNS 96/0160 */  

Official Journal C 292 , 04/10/1996 P. 0001

Proposal for a Council Regulation (EC) laying down certain technical  measures for the conservation of fishery resources (96/C 292/01) (Text with EEA relevance) COM(96)  296 final - 96/0160 (CNS)(Submitted by the Commission on 26 June 1996) 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 Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas Council Regulation (EC) No . . . constitutes the consolidated version of Council Regulation  (EEC) 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of  fishery resources (1), which Regulation has been frequently and substantially amended; Whereas experience in the application of Regulation (EEC) No 3094/86, has brought to light certain  deficiencies which result in problems of application and enforcement and which should be rectified,  notably by reducing the number of different specifications concerning mesh-sizes, by deleting the  concept of protected species and by restricting the number of different mesh-sizes that may be kept  on board (Articles 5 and 9; Annex on towed gears); whereas it is therefore appropriate to replace  Regulation (EC) No . . . with a new text with the exception of Article 11 and part of Article 9; Whereas it is necessary to define principles and certain procedures for establishing technical  conservation measures at Community level, so that each Member State can manage fishing activities  in the maritime waters under its jurisdiction or sovereignty; Whereas a balance needs to be established between adapting technical conservation measures to the  diversity of the fisheries and the need for homogeneous rules which are easy to apply; Whereas Article 130r (2) of the Treaty establishes the principle that all Community measures must  integrate environmental protection requirements notably in the light of the precautionary  principle; Whereas Council Directive 92/43/EEC of 21 May 1992 lays down measures for conservation of natural  habitats and of wild life and fauna (2); whereas the list of marine organisms contains names of  species protected by the requirements of that Directive; Whereas to ensure the protection of marine biological resources and the balanced exploitation of  fishery resources in the interests of both fishermen and consumers, technical conservation measures  should be laid down, specifying inter alia the minimum mesh-sizes appropriate for the capture of  certain species and other characteristics of fishing gear, and the minimum landing sizes of marine  organisms, as well as limitations of fishing within certain areas and time-periods and with certain  gears and equipment; Whereas in the light of scientific advice, provisions should be made for increases in mesh-sizes of  towed gears when fishing for certain species of marine organisms, and provisions should be made for  the mandatory use of square-meshed netting, as this can play a significant role in reducing the  capture of juveniles of marine organisms; Whereas to avoid the possibility of using ever smaller mesh sizes for fixed gears, which is  resulting in increasing mortality rates for juveniles of the target species of the fisheries  concerned, minimum mesh sizes for fixed gears need to be established; Whereas the species composition of catches and the associated fishing practices in the case of  fisheries with fixed gears differ between geographical areas; whereas these differences justify the  application of different measures in those areas; Whereas the catching of certain species to be transformed into fish-meal or fish-oil may be carried  out with small mesh sizes, provided that such catching operations do not have a negative influence  on other species; Whereas the practice of discarding should be reduced as much as possible; Whereas minimum landing sizes need to be applied with respect to species that constitute a major  proportion of the landings by Community fleets; Whereas the minimum landing size of a species should be in accordance with selectivity of the mesh  size applicable to that species; Whereas the manner in which the size of marine organisms is to be measured should be defined; Whereas protection of nursery areas should be provided for, taking into account the specific  biological conditions in the various zones concerned; Whereas to protect juvenile herring, specific provisions regarding the catching and retaining on  board of sprat should be adopted; Whereas to take into account traditional fishing practice in certain areas, specific provisions  regarding the catching and retaining on board of anchovy and tuna should be adopted; Whereas the use of purse seines on schools of fish found in association with marine mammals may  result in the catching and killing of such mammals; whereas, however, when properly conducted the  use of purse seines is an effective method of fishing solely for the desired target species;  whereas the encirclement of marine mammals with purse seines must therefore be forbidden; Whereas in order not to hinder scientific research, artificial restocking or transplantation, this  Regulation should not apply to operations which may be necessitated by the conduct of such  activities; Whereas certain measures, necessary in the context of conservation, are contained in Council  Regulations (EEC) No 2930/86 (1), (EEC) No 3760/92 (2) and (EEC) No 2847/93 (3), and therefore need  not be reiterated; Whereas where conservation is seriously threatened, the Commission and the Member States should be  authorized to take appropriate provisional measures; Whereas additional national measures of a strictly local character may be maintained or adopted,  subject to examination by the Commission of their compatibility with Community law and conformity  with the common fisheries policy; Whereas where detailed rules on the implementation of this Regulation may be necessary, such  measures and rules should be adopted in accordance with the procedure laid down in Article 18 of  Regulation (EEC) No 3760/92, HAS ADOPTED THIS REGULATION: Article 1 This Regulation, laying down technical conservation measures, shall  apply to the taking and landing of fishery resources occurring in the maritime waters under the  sovereignty or jurisdiction of the Member States and situated in one of the regions specified in  Article 2, except as otherwise provided in Articles 29 and 38. TITLE I DEFINITIONS Article 2 1. For the purposes of this Regulation, the following definitions  of maritime waters shall apply: Region 1 All waters which lie to the north and west of a line running from a point at latitude 48° N,  longitude 18° W, thence due north to latitude 60° N, thence due east to longitude 5° W, thence due  north to latitude 60°30'; N, thence due east to longitude 4° W, thence due north to latitude  64° N, thence due east to the coast of Norway. Region 2 All waters situated north of latitude 48° N, but excluding the waters in Region 1 and ICES division  III b, c and d. Region 3 All waters corresponding to ICES sub-areas VIII and IX. Region 4 All waters corresponding to ICES sub-area X. Region 5 All waters situated in that part of the east central Atlantic comprising divisions 34.1.1, 34.1.2  and 34.1.3 and sub-area 34.2.0 of fishing zone 34 of the Cecaf region. Region 6 All waters off the coasts of the French department of Guiana that come under the sovereignty or  jurisdiction of said department. Region 7 All waters off the coasts of the French departments of Martinique and Guadeloupe that come under  the sovereignty or jurisdiction of said departments. Region 8 All waters off the coasts of the French department of Réunion that come under the sovereignty or  jurisdiction of said department. 2. The geographical areas designated in this Regulation by the letters 'ICES` and 'Cecaf` shall be  those defined by the International Council for the Exploration of the Sea, and the Fishery  Committee for the Eastern Central Atlantic, respectively. They are described, subject to any  subsequent amendments, in Commission communications No 85/C 335/02 and No 85/C 347/05. 3. The regions referred to in paragraph 1 may be divided into geographical areas, in particular on  the basis of the definitions referred to in paragraph 2, in accordance with the procedure referred  to in Article 52. 4. Notwithstanding paragraph 2, for the purposes of this Regulation: - the Kattegat is limited in the north by a line drawn from Skagen lighthouse to the lighthouse in  Tistlarna, and from there to the nearest point on the Swedish coast, and in the south by a line  drawn from Hasenore Head to Gniben Point, from Korshage to Spodsbjerg, and from Gilbjerg Head to  the Kullen, - the Skagerrak is limited in the west by a line drawn from the lighthouse of Hanstholm to the  lighthouse of Lindesnes, and in the south by a line drawn from Skagen lighthouse to the lighthouse  of Tistlarna, and from there to the nearest point on the Swedish coast, - the North Sea shall comprise ICES sub-area IV, the adjacent part of ICES division II a lying  south of latitude 64° N, and that part of ICES division III a which is not covered by the  definition of the Skagerrak given in the second indent of this paragraph. Article 3 For the purposes of this Regulation 'marine organisms` are those species or groups of  species which are listed in Annex I. Article 4 For the purposes of this Regulation: (a) the 'mimimum mesh size` of a net is the mesh size in that part of the net having the smallest  meshes; (b) 'square-meshed netting` shall mean a section of netting mounted so that of the two sets of  parallel lines formed by the mesh bars, one set is parallel to, and the other at right angles to,  the long axis of the net; (c) 'bottom set gill nets` or 'entangling nets` are any fixed gear made up of a single piece of  net, fixed by any means to the bottom of the sea; (d) 'trammel nets` are any fixed gear made up of two or more pieces of net hung jointly in parallel  on a single headline, fixed by any means to the bottom of the sea.TITLE II NETS AND CONDITIONS FOR  THEIR USE CHAPTER I PROVISIONS FOR TOWED NETS Article 5 1. For each of the regions or  geographical areas mentioned in Annexes II, III and IV, and depending where applicable on the  time-period, it is prohibited to use any trawl, Danish seine or similar towed net unless: - its minimum mesh size corresponds to one of the categories set out in that Annex, and - the catch taken with that net and retained on board includes a percentage of target species equal  to or greater than that specified for the mesh size category set out in that Annex. 2. The minimum percentage of target species may be obtained by aggregating the quantities of all  the target species caught. Article 6 1. The percentages referred to in Annexes II, III and IV shall be calculated as the  proportion by weight of all marine organisms on board after sorting or on landing. 2. The percentages may be calculated on the basis of one or more representative samples. 3. Notwithstanding paragraph 1, catches of sandeel retained on board and caught with nets having  mesh sizes smaller than 16 millimetres, the percentage may be measured before sorting. 4. For the purpose of this Article, the equivalent weight of whole Norway lobster shall be obtained  by multiplying the weight of Norway lobster tails by three. Article 7 1. It is prohibited to have on board or to use any trawl, Danish seine or similar towed  net having more than 100 meshes in the circumference of the cod-end, excluding the joinings and  selvedges. 2. Paragraph 1 shall apply to nets of which the minimum mesh size is equal to or greater than 70  mm. Article 8 1. Any towed net of which the mesh size is equal to or greater than 70 millimetres  shall be equipped, in the upper part of the net, with a section (panel or window) of square-meshed  netting having a mesh size equal to or greater than that of the cod-end. 2. The following conditions shall apply to any section of square-meshed netting as referred to in  paragraph 1: (a) it shall be at least three metres in length; (b) it shall be attached along each lengthwise edge to the net in such a way that the stretched  length of that part of the net to which the section of square-meshed netting is attached, is the  same as the stretched length of the section of square-meshed netting along that lengthwise edge; (c) it shall cover at least 90 % of the width of that part of the net into which it is inserted. 3. It is prohibited to retain on board any quantity of prawns caught with towed net having any mesh  size between 32 and 54 millimetres, unless the upper part of the net is equipped with a section of  square-meshed netting having a minimum mesh-size which is double that of the cod-end. 4. (a) It is prohibited to retain on board any quantity of deepwater rose shrimp caught with  demersal towed net having any mesh size between 55 and 60 millimetres, unless the upper part of the  net is equipped with a section of square-meshed netting having a minimum mesh-size which is double  that of the cod-end. (b) However, it shall be permitted to retain on board quantities of deepwater rose shrimp caught  with the net described in subparagraph (a), provided they do not exceed 5 % of the total weight of  the marine organisms on board which have been caught with said net. Article 9 1. It is prohibited for vessels which carry on board or use any towed net with a  minimum mesh size equal to or greater than 110 millimetres simultaneously to carry on board or to  use any other towed net with a minimum mesh size less than 110 millimetres. 2. Vessels may carry on board or use towed nets of two different minimum mesh sizes, provided that  one of these minimum mesh sizes falls within the range of 0 through 60 millimetres, and the other  of these minimum mesh sizes falls within the range of 70 through 109 millimetres. In this case, and derogating from the provisions of Article 5, the minimum percentage of target  species that must be retained on board shall be 85 %. This percentage shall apply the target  species as defined for the net or nets with the larger of the two mesh sizes that are being kept on  board. 3. It is prohibited for vessels not complying with the conditions of paragraphs 1 and 2 to use any  trawl, Danish seine or similar towed net. Article 10 1. It is prohibited to carry on board or to use any towed nets constructed wholly or  in part of netting materials having a twine diameter of more than eight millimetres. 2. It is prohibited to carry on board or to use any towed nets constructed wholly or in part of  netting materials consisting of multiple twine. Article 11 1. It is prohibited to carry on board or to use any towed net constructed wholly or in  part of any type of mesh other than square mesh or diamond mesh. 2. Paragraph 1 shall not apply to towed net with a minimum mesh size of 31 millimetres or less. Article 12 Dredges are exempted from the provisions of Article 5, provided that the quantities of  marine organisms retained on board and caught with these nets, other than bivalve molluscs, do not  exceed 10 % of the total weight of the marine organisms on board.CHAPTER II PROVISIONS FOR FIXED  GEARS Article 13 1. For each of the regions or geographical areas mentioned in Annexes V and VI,  and depending where applicable on the time-period, it is prohibited to use or to keep on board any  bottom set gillnet, entangling net or trammel net unless: - the catch taken with that net and retained on board includes a percentage of target species no  less than 70 %, and - in the case of bottom set gillnets and entangling nets: its mesh size corresponds to one of the  categories set out in the relevant Annex, - in the case of trammel nets: its mesh size in that part of the net having the smallest meshes  corresponds to one of the categories set out in the relevant Annex. 2. The minimum percentage of target species may be obtained by aggregating the quantities of all  the target species caught. Article 14 1. The percentage referred to in Article 13 (1) shall be calculated as the proportion  by weight of all marine organisms on board after sorting or on landing. 2. The percentage may be calculated on the basis of one or more representative samples. Article 15 Articles 13 and 14 shall not apply to catches of salmonids, lampreys or  hagfish.CHAPTER III GENERAL PROVISIONS ON NETS AND CONDITIONS FOR THEIR USE Article 16 Sorting  shall be carried out immediately after hauling. Article 17 1. Quantities of marine organisms retained on board in excess of permitted percentages  according to Annexes II through VI shall be discarded into the sea at any time prior to return to  port. 2. Paragraph 1 shall apply to marine organisms other than those defined as target species for any  one of the mesh-size categories set out in Annexes II through VI. Article 18 No device shall be used by means of which the mesh in any part of the fishing net is  obstructed or otherwise effectively diminished. This provision shall not exclude the use of certain devices of which a list and technical  descriptions shall be drawn up in accordance with the procedure referred to in Article 52.TITLE  III MINIMUM SIZE OF MARINE ORGANISMS Article 19 A marine organism is undersized if its  dimensions are smaller than the minimum dimensions specified in Annex VII for the relevant species  and the relevant geographical area. Article 20 1. The measurement of the size of a marine organism shall take place in accordance  with the provisions laid down in Annex VIII. 2. Where more than one method of measuring the size of a marine organism is provided for, the  organism is considered to be of the minimum size if the application of any one of these methods  results in a size equal to or greater than the corresponding minimum size. 3. Bivalve molluscs, edible crabs and lobsters may only be landed whole. Article 21 1. Undersized marine organisms must not be retained on board or be transhipped,  landed, transported, stored, sold, displayed or offered for sale, but must be discarded immediately  into the sea. 2. Paragraph 1 shall not apply to: (a) herring, horse mackerel and mackerel, within a limit of 10 % by weight of the total catches  retained on board of these species; (b) marine organisms other than those defined in Annexes II, III and IV as target species for the  mesh size categories 0 to 15 or 16 to 31, and caught with towed gear of a mesh size less than 32  millimetres, provided that said organisms are not sorted and are not sold, displayed or offered for  sale for human consumption. 3. However, undersized anchovy, horse mackerel or mackerel caught for use as live bait may be  retained on board, provided they are retained alive. Article 22 1. The percentage of undersized marine organisms shall be calculated as the proportion  by weight of all marine organisms on board after sorting or on landing. 2. The percentage may be calculated on the basis of one or more representative samples.TITLE IV  SPECIAL PROVISIONS RELATING TO FISHING FOR CERTAIN MARINE ORGANISMS Article 23 Restrictions on  fishing for herring 1. It is prohibited to retain on board herring which are caught within the geographical areas and  during the periods mentioned below: (a) from 1 January through 30 April, within the geographical area situated to the north-east of a  line drawn between Mull of Kintyre and Corsewall Point; (b) from 1 July through 31 October, within the geographical area bounded by the following  coordinates: - the west coast of Denmark at latitude 55°30'; N, - latitude 55°30'; N, longitude 7°00'; E, - latitude 57°00'; N, longitude 7°00'; E, - the west coast of Denmark at latitude 57°00'; N; (c) from 15 August through 15 September, within the zone extending from 6 to 12 miles off the east  coast of the United Kingdom as measured from the baselines between latitudes 55°30'; and  55°45'; N; (d) from 15 August through 30 September, within the geographical area bounded by a line joining the  following points: - the Butt of Lewis, - Cape Wrath, - latitude 58°55'; N, longitude 05°00'; W, - latitude 58°55'; N, longitude 07°10'; W, - latitude 58°20'; N, longitude 08°20'; W, - latitude 57°40'; N, longitude 08°20'; W, - the west coast of North Uist at latitude 57°40'; N, then along the north coast of the island  as far as latitude 57°40';36'; N, longitude 07°20';39'; W, - latitude 57°50';3'; N, longitude 07°8';6'; W, - north-east along the west coast of Lewis as far as the point of departure (Butt of Lewis); (e) from 15 August through 30 September, within the zone extending from 6 to 12 miles off the east  coast of the United Kingdom, as measured from the baselines between latitudes 54°10'; and  54°45'; N; (f) from 21 September through 31 December, within the parts of ICES division VII a bounded by the  following coordinates: - the east coast of the Isle of Man at latitude 54°20'; N, - latitude 54°20'; N, longitude 3°40'; W, - latitude 53°50'; N, longitude 3°50'; W, - latitude 53°50'; N, longitude 4°50'; W, - the south-west coast of the Isle of Man at longitude 4°50'; W, and - the east coast of Northern Ireland at latitude 54°15'; N, - latitude 54°15'; N, longitude 5°15'; W, - latitude 53°50'; N, longitude 5°50'; W, - the east coast of Ireland at latitude 53°50'; N; (g) throughout the year within ICES- division VII a, in the geographical area between the west  coasts of Scotland, England and Wales, and a line drawn 12 miles from the baselines of the coasts  bounded to the south by latitude 53°20'; N and the north-west by a line drawn between the Mull  of Galloway (Scotland) and the Point of Ayre (Isle of Man); (h) throughout the year within Logan Bay, defined as being the waters east of a line drawn from the  Mull of Logan situated at latitude 54°44'; N and longitude 4°59'; W, to Laggantalluch  Head, situated at latitude 54°41'; N and longitude 4°58'; W; (i) In 1998 and every third year afterwards, and throughout the year, within the area bounded by  the following coordinates: - the south coast of Ireland at longitude 9°00'; W, - latitude 51°15'; N, longitude 9°00'; W, - latitude 51°15'; N, longitude 7°30'; W, - latitude 52°00'; N, longitude 7°30'; W, - the south-east coast of Ireland at latitude 52°00'; N; (j) In 1999 and every third year afterwards, within the areas bounded by the following  coordinates: (i) from 15 through 31 January: - the south-east coast of Ireland at latitude 52°00'; N, - latitude 52°00'; N, longitude 6°00'; W, - latitude 52°30'; N, longitude 6°00'; W, - the south-east coast of Ireland at latitude 52°30'; N; (ii) from 1 through 15 November: - the south coast of Ireland at longitude 9°00'; W, - latitude 51°15'; N, longitude  9°00'; W, - latitude 51°15'; N, longitude 11°00'; W, - latitude 52°30'; N, longitude 11°00'; W, - the east coast of Ireland at latitude 52°30'; N. 2. However, it is permitted to retain on board quantities of herring from any of the areas  described, provided they do not exceed 5 %, of the total weight of the marine organisms on board  which have been caught in each separate area during one of the periods specified. Article 24 Restrictions on fishing for sprat to protect herring 1. It is prohibited to retain on board sprat which are caught within the geographical areas and  during the periods mentioned below: (a) from 1 January through 31 March, and from 1 October through 31 December, within ICES  statistical area 39E8. For the purpose of this Regulation, this ICES area shall be the area bounded  by a line due east from the United Kingdom east coast along latitude 55°00'; N to a point at  longitude 1°00'; W, from there due north to a point at latitude 55°30'; N and from there  due west to the United Kingdom coast; (b) from 1 January through 31 March, and from 1 October through 31 December, within the inner  waters of the Moray Firth west of longitude 3°30'; W, and in the inner waters of the Firth of  Forth west of longitude 3°00'; W; (c) from 1 July through 31 October, within the geographical area bounded by the following  coordinates: - the west coast of Denmark at latitude 55°30'; N, - latitude 55°30'; N, longitude 7°00'; E, - latitude 57°00'; N, longitude 7°00'; E, - the west coast of Denmark at latitude 57°00'; N. 2. However, it is permitted to retain on board quantities of sprat from any of the areas described,  provided they do not exceed 5 % of the total weight of the marine organisms on board which have  been caught in each separate area during one of the periods specified. Article 25 Restrictions on fishing for mackerel 1. It is prohibited to retain on board mackerel which are caught within the geographical area  bounded by the following coordinates: - a point on the south coast of the United Kingdom at longitude 2°00'; W, - latitude 49°30'; N, longitude 2°00'; W, - latitude 49°30'; N, longitude 7°00'; W, - a point on the west coast of the United Kingdom at latitude 52°00'; N, unless the weight of the mackerel does not exceed 15 % by weight of the total quantities of  mackerel and other species on board which have been caught in this area. 2. Paragraph 1 shall not apply: (a) to vessels fishing exclusively with gill nets and/or hand lines; (b) to vessels fishing with bottom trawls, Danish seines or other similar towed nets, provided that  they have on board a minimum of 75 % by weight of marine organisms with the exception of anchovy,  herring, horse mackerel, mackerel, pelagic cephalopods and sardine, calculated as a percentage of  the total weight of all the species on board; (c) to vessels in transit through this area, provided that all fishing gear is stowed in accordance  with the provisions laid down in Article 20 (1) of Regulation (EEC) No 2847/93; (d) to vessels which are not equipped for fishing and to which mackerel are being transhipped. Article 26 Restrictions on fishing for anchovy 1. It is prohibited to retain on board anchovy which are caught using pelagic trawls in ICES  division VIII c. 2. Within that division, it is prohibited simultaneously to carry on board pelagic trawls and purse  seines. Article 27 Restrictions on fishing for tuna1. It is prohibited to retain on board any quantity of skipjack, bigeye or longfin tuna which are  caught using purse seines in waters under the sovereignty or jurisdiction of Portugal in ICES  sub-area X north of 36°30'; N, or in Cecaf areas north of 31° N and east of 17°30'; W. 2. It is prohibited to retain on board tuna which are caught using drift nets in waters under the  sovereignty or jurisdiction of Spain or Portugal in ICES sub-area VIII, IX or X, or in Cecaf areas  around the Canary Islands. Article 28 Restrictions on fishing for shrimps to protect flatfish 1. It is prohibited to retain on board any quantity of common shrimps and Aesop shrimps caught with  demersal towed gear having any mesh size between 16 and 31 millimetres unless: - the vessel has permanently installed on board a functioning sieve designed to separate juvenile  flatfish from common shrimps and Aesop shrimps, and - a separator trawl or a net with a sorting grid is being used for catching said species. 2. However, it is permitted to retain quantities of common shrimp or Aesop shrimp on board of  fishing vessels that do not comply with the provisions laid down in paragraph 1, provided these  quantities do not exceed 5 % of the total weight of the marine organisms on board. Article 29 Restrictions on fishing for salmon and sea trout 1. Salmon and sea trout must not be retained on board or be transhipped, landed, transported  stored, sold, displayed or offered for sale, but must be returned immediately to the sea, when  taken: - within the waters situated outside the 12-mile limit measured from Member States' baselines in  regions 1, 2, 3 and 4, - by way of derogation from Article 2 (1), outside the waters under the sovereignty or jurisdiction  of the Member States in regions 1, 2, 3 and 4, except in the waters under the jurisdiction of  Greenland and the Faeroes, - when fishing with any towed net. 2. This Article shall not apply to salmon and sea trout taken within the Skagerrak and Kattegat. Article 30 Restrictions on fishing for Norway pout to protect other roundfish 1. It is prohibited to retain on board Norway pout which are caught with any towed gear in the area  which is bounded by a line joining the following points: - a point at 56° N on the east coast of the United Kingdom as far as 2° E, - then running north to 58° N, west to 0°30'; W, north to 59°15'; N, east to 1° E, north  to 60° N, west to longitude 0°00';, - from there north to 60°30'; N, west to the coast of the Shetland Isles, then west from 60° N  on the west coast of the Shetlands to 3° W, south to 58°30'; N, - and finally west to the coast of the United Kingdom. 2. However, it is permitted to retain on board quantities of Norway pout from the area and caught  with the gear described in paragraph 1, provided they do not exceed 5 % of the total weight of the  marine organisms on board which have been caught in said area with said gear. Article 31 Restrictions on fishing for hake 1. It is prohibited to fish with any trawl, Danish seine or similar towed net in the geographical  areas and during the periods mentioned below: (a) from 1 April to 31 July, within the geographical areas bounded by a line joining the following  coordinates: - latitude 51°35'; N, longitude 11°40'; W, - latitude 51°35'; N, longitude 11°25'; W, - latitude 51°25'; N, longitude 11°25'; W, - latitude 51°25'; N, longitude 11°40'; W; (b) from 1 May to 31 July, within the geographical areas bounded by a line joining the following  coordinates: - latitude 51°00'; N, longitude 11°35'; W, - latitude 51°00'; N, longitude 11°25'; W, - latitude 49°40'; N, longitude 11°25'; W, - latitude 49°40'; N, longitude 11°35'; W, and - latitude 50°30'; N, longitude 10°30'; W, - latitude 50°30'; N, longitude 9°20'; W, - latitude 50°45'; N, longitude 9°20'; W, - latitude 50°45'; N, longitude 10°30'; W, and - latitude 51°45'; N, longitude 14°30'; W, - latitude 51°45'; N, longitude 13°00'; W, - latitude 52°30'; N, longitude 13°00'; W, - latitude 52°30'; N, longitude 14°30'; W, and - latitude 48°10'; N, longitude 9°40'; W, - latitude 48°10'; N, longitude 9°10'; W, - latitude 48°40'; N, longitude 9°10'; W, - latitude 48°40'; N, longitude 9°40'; W, (c) from 1 September to 31 December, within the geographical area bounded by a line joining the  following coordinates: - the point on the north coast of Spain called Cabo Prior (latitude 43°34'; N, longitude  8°19'; W), - latitude 43°50'; N, longitude 8°19'; W, - latitude 43°25'; N, longitude 9°12'; W, - the point on the west coast of Spain called Cabo Villano (latitude 43°10'; N, longitude  9°12'; W); (d) from 1 October to 31 December, within the geographical area bounded by a line joining the  following coordinates: - the point on the west coast of Spain called Cabo Corrubedo (latitude 42°35'; N, longitude  9°05'; W), - latitude 42°35'; N, longitude 9°25'; W, - latitude 43°00'; N, longitude 9°30'; W, - the point on the west coast of Spain at latitude 43°00'; N; (e) from 1 December to the last day of February in the folllowing year, within the geographical  area bounded by the following coordinates: - a point on the west coast of Portugal at latitude 37°50'; N, - latitude 37°50'; N, longitude 9°03'; W, - latitude 37°00'; N, longitude 9°06'; W, - a point on the west coast of Portugal at latitude 37°00'; N; (f) from 1 December to the last day of February in the following year, within the geographical area  bounded by the following coordinates: - latitude 41°32';1'; N, longitude 09°07';3'; W, - latitude 41°20';7'; N, longitude 09°05';1'; W, - latitude 41°12';0'; N, longitude 09°02';7'; W, - latitude 41°02';8'; N, longitude 08°59';0'; W, - latitude 40°38';5'; N, longitude 09°04';6'; W, - latitude 40°27';5'; N, longitude 09°08';2'; W, - latitude 40°11';1'; N, longitude 09°13';8'; W, - latitude 40°11';1'; N, longitude 09°33';5'; W, - latitude 40°27';5'; N, longitude 09°32';0'; W, - latitude 40°38';5'; N, longitude 09°19';5'; W, - latitude 41°02';8'; N, longitude 09°19';0'; W, - latitude 41°12';0'; N, longitude 09°16';1'; W, - latitude 41°20';7'; N, longitude 09°07';8'; W, - latitude 41°32';1'; N, longitude 09°14';1'; W. Additionally, it is prohibited to fish with demersal fixed gears in the area and during the period  mentioned above; (g) throughout the year, within the geographical areas bounded by a line joining the following  coordinates: - latitude 47°40'; N, longitude 4°40'; W, - latitude 47°28'; N, longitude 4°40'; W, - latitude 47°23'; N, longitude 3°45'; W, - latitude 47°35'; N, longitude 3°45'; W, and - latitude 46°50'; N, longitude 3°31'; W, - latitude 45°55'; N, longitude 2°45'; W, - latitude 46°15'; N, longitude 2°35'; W, - latitude 46°50'; N, longitude 3°20'; W, and - latitude 45°55'; N, longitude 2°40'; W, - latitude 45°45'; N, longitude 2°40'; W, - latitude 45°45'; N, longitude 1°55'; W, - latitude 45°55'; N, longitude 2°00'; W. 2. Within the zones and during the periods referred to in paragraph 1, it is prohibited to carry on  board any towed net, unless such a net is stowed in accordance with the provisions laid down in  Article 20 (1) of Regulation (EEC) No 2847/93. 3. Within the zones, and outside of the periods referred to in paragraph 1, it is prohibited to  carry on board or to use any towed net with a minimum mesh size of less than 80 millimetres. Article 32 Restrictions on fishing for plaice 1. It is prohibited for any vessel exceeding eight metres length overall to use any beam trawl,  otter trawl or bottom pair trawl inside the following geographical areas: (a) the areas within 12 miles of the coasts of France, north of latitude 51°00'; N, Belgium,  and the Netherlands up to latitude 53°00'; N, measured from the baselines; (b) the area bounded by a line joining the following coordinates: - a point on the west coast of Denmark at latitude 57°00'; N, - latitude 57°00'; N, longitude 7°15'; E, - latitude 55°00'; N, longitude 7°15'; E, - latitude 55°00'; N, longitude 7°00'; E, - latitude 54°30'; N, longitude 7°00'; E, - latitude 54°30'; N, longitude 7°30'; E, - latitude 54°00'; N, longitude 7°30'; E, - latitude 54°00'; N, longitude 6°00'; E, - latitude 53°50'; N, longitude 6°00'; E, - latitude 53°50'; N, longitude 5°00'; E, - latitude 53°30'; N, longitude 5°00'; E, - latitude 53°30'; N, longitude 4°15'; E, - latitude 53°00'; N, longitude 4°15'; E, - a point on the coast of the Netherlands at latitude 53°00'; N; (c) the area within 12 miles of the west coast of Denmark from latitude 57°00'; N as far north  as the Hirtshals lighthouse, measured from the baselines. 2. (a) However, vessels: - whose names and technical characteristics are contained on a list which shall be drawn up in  accordance with the procedure laid down in Article 52, - and to which a special fishing permit has been issued in accordance with Article 7 (3) of Council  Regulation (EEC) No 1627/94 (1), are authorized to fish in said areas using beam trawls. (b) Vessels which may appear on the list referred to in subparagraph (a) must comply with the  following criteria: - be listed on the nominative list of vessels contained in Commission Regulation (EC) No 190/96  (2), - their engine power does not exceed 221 kW and, in the case of derated engines did not exceed 300  kW before derating. (c) Any individual vessel on the list may be replaced by another vessel, provided that: - the engine power of the replacement vessel does not exceed that of the vessel replaced, and - the length overall of the replacement vessel does not exceed 24 metres. (d) The engine of any individual vessel on the list may be replaced, provided that: - the replacement engine is not derated, and - the power of the replacement engine does not exceed that of the engine replaced. 3. Notwithstanding paragraph 2 (a), it is prohibited to use any beam trawl of which the beam length  or beam trawls of which the aggregate beam length is greater than nine metres, or can be extended  to a length greater than nine metres, except when operating with gear having a mesh size between 16  and 31 millimetres. 4. (a) By way of derogation from paragraph 1: - vessels whose engine power does not exceed 221 kW and, in the case of derated engines did not  exceed 300 kW before derating, are authorized to fish in said areas using otter trawls; - paired vessels whose combined engine power does not exceed 221 kW and, in the case of derated  engines did not exceed 300 kW before derating, are authorized to fish in said areas using bottom  pair trawls. (b) However, vessels whose engine power exceeds 221 kW shall be permitted to use otter trawls, or  paired vessels whose combined engine power exceeds 221 kW shall be permitted to use bottom pair  trawls, provided that: (i) the catch retained on board consists of sandeel and/or sprat, and constitutes at least 90 % of  the total weight of the marine organisms on board, and (ii) the quantities of plaice and/or sole retained on board do not exceed 2 % of the total weight  of the marine organisms on board; or (iii) the mesh size used is at least 110 millimetres; and (iv) the quantities of plaice and/or sole retained on board do not exceed 5 % of the total weight  of the marine organisms on board. 5. Fishing vessels which do not comply with the criteria specified in paragraphs 2 through 4, shall  not be allowed to engage in the fishing activities referred to in those paragraphs. 6. Detailed rules for the implementation of this Article shall be drawn up in accordance with the  procedure laid down in Article 52. 7. Within areas where beam trawls, otter trawls or bottom pair trawls may not be used, it is  prohibited to carry on board such nets, unless they are stowed in accordance with the provisions  laid down in Article 20 (1) of Regulation (EC) No 2847/93. Article 33 Restrictions on fishing for sole and plaice From 1 February to 31 May it is prohibited to fish with any demersal towed gear in the geographical  area bounded by a line joining the following coordinates: - a point on the west coast of the United Kingdom at longitude 3°40'; W, - latitude 53°40'; N, longitude 3°40'; W, - a point on the west coast of the United Kingdom at latitude 53°40'; N. Article 34 Restrictions on fishing demersal fish From 1 March to 30 April it is prohibited to fish  with any demersal towed gear in the geographical area bounded by a line joining the following  coordinates:  - a point on the west coast of the United Kingdom at latitude 50°15'; N,  - latitude 50°15'; N, longitude 06°00'; W,  - latitude 51°00'; N, longitude 06°00'; W,  - latitude 51°00'; N, longitude 04°40'; W,  - a point on the west coast of the United Kingdom at longitude 04°40'; W. TITLE V RESTRICTIONS ON CERTAIN TYPES OF FISHING  AND ASSOCIATED ACTIVITIES Article 35 Restrictions on the use of beam trawls 1. It is prohibited for a vessel to have on board or to use any beam trawl of which the beam  length, or beam trawls of which the aggregate beam length measured as the sum of the length of each  beam, is greater than 24 metres or can be extended to a length greater than 24 metres. The length  of a beam shall be measured between its extremities including all attachments thereto. 2. It is prohibited for a vessel to have on board or to use any beam trawl of which the minimum  mesh size lies between 32 and 109 millimetres within either of the following geographical areas: (a) the North Sea north of a line joined by the following points: - a point on the east coast of the United Kingdom at latitude 55° N, - then east to latitude 55° N longitude 05° E, - then north to latitude 56° N, - and finally east to a point on the west coast of Denmark at latitude 56° N; (b) the area west of Scotland north of latitude 56° N. Article 36 Unconventional fishing methods It is prohibited to fish with methods incorporating the use of explosives, poisonous or stupefying  substances, electric current, or guns. Article 37 Restrictions on the use of automatic sorting equipment 1. Is is prohibited for vessels carrying or using either towed gear with a mesh size smaller than  55 mm or purse seines to carry automatic sorting equipment on board. 2. However, freezer vessels shall be authorized to carry automatic sorting equipment on board,  provided that its sole function is commercial grading of all the fish caught and intended for  freezing. Automatic sorting equipment must be installed in such a way, that following grading the  catch is immediately frozen for marketing and cannot easily be discarded into the sea. Article 38 Restrictions on the use of purse seines 1. It is prohibited to undertake any encirclement with purse seines of any school or group of  marine mammals. 2. Notwithstanding Article 1, paragraph 1 of the current Article shall apply to all vessels flying  the flag of, or registered in, a Member State, in all waters. Article 39 Restrictions on fishing activities in the 12-mile-zones around the United Kingdom and  Ireland 1. It is prohibited for any vessel to use any beam trawl inside the areas within 12 miles of the  coasts of the United Kingdom and Ireland, measured from the baselines from which the territorial  waters are measured. 2. However, vessels in any of the following categories are authorized to fish in said areas using  beam trawls: (a) a vessel which entered into service before 1 January 1987, and whose engine power does not  exceed 221 kW, and in the case of derated engines did not exceed 300 kW before derating; (b) a vessel which entered into service after 31 December 1986 whose engine is not derated, whose  engine power does not exceed 221 kW, and whose length overall does not exceed 24 metres; (c) a vessel which had its engine replaced after 31 December 1986 with an engine which is not  derated and whose power does not exceed 221 kW. 3. Notwithstanding paragraph 2, it is prohibited to use any beam trawl of which the beam length or  beam trawls of which the aggregate beam length is greater than nine metres, or can be extended to a  length greater than nine metres, except when operating with gear having a mesh size between 16 and  31 millimetres. 4. Fishing vessels which do not comply with the criteria specified in paragraphs 2 and 3, shall not  be allowed to engage in the fishing activities referred to in those paragraphs. 5. Detailed rules for the implementation of this Article shall be drawn up in accordance with the  procedure laid down in Article 52. 6. The vessels which may not use beam trawls are prohibited to carry on board such nets within the  areas referred to in this Article, unless they are stowed in accordance with the provisions laid  down in Article 20 (1) of Regulation (EEC) No 2847/93.TITLE VI SPECIFIC PROVISIONS FOR THE  SKAGERRAK AND KATTEGAT Article 40 Notwithstanding Article 21 (1), undersized marine organisms  caught in the Skagerrak or Kattegat may be retained on board, or be transhipped, landed,  transported, stored, sold, displayed or offered for sale within a limit of 10 % by weight of the  total catches retained on board. Article 41 Salmon and sea trout must not be retained on board or be transhipped, landed,  transported, stored, sold, displayed or offered for sale, but must be returned immediately to the  sea, when taken within any part of the Skagerrak and Kattegat situated outside the four-mile-limit  measured from Member States' baselines. Article 42 1. It is prohibited to use trawls having a mesh size of less than 32 mm from 1 July  through 15 September in the waters situated within three miles for the baselines in the Skagerrak  and Kattegat. 2. However, when trawling within said waters and during said period: - for northern shrimp, nets with a minimum mesh size of 30 millimetres may be used, - for eelpout (Zoarces viviparus), gobies (Gobiidae) or scorpion fish (Cottus spp.) to be used as  bait, nets with any mesh size may be used. Article 43 It is prohibited to retain on board any quantity of herring, mackerel or sprat caught  using trawls or purse seines between Saturday midnight and Sunday midnight in the Skagerrak, and  between Friday midnight and Sunday midnight in the Kattegat. Article 44 It is prohibited to use any beam trawl in the Kattegat. Article 45 During the periods and within the areas referred to in Articles 42, 43 and 44, where  trawls or beam trawls may not be used, it is prohibited to carry on board such nets, unless they  are stowed in accordance with the provisions laid down in Article 20 (1) of Regulation (EEC) No  2847/93. Article 46 Notwithstanding Article 36, it shall be permitted to use electric current or harpoon  guns to catch tuna and basking shark (Cetorhinus maximus) in the Skagerrak and Kattegat.TITLE VII  TECHNICAL PROVISIONS Article 47 Processing operations It is prohibited to carry out on board a fishing vessel any physical or chemical processing of fish  to produce fish-meal, fish-oil, or similar products, or to tranship catches of fish for such  purposes. This prohibition shall not apply to the processing of offal. Article 48 Scientific research 1. This Regulation shall not apply to fishing operations conducted 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 concerned, and of which the Commission and the Member State or Member  States in whose water the research is carried out have been informed in advance. 2. Marine organisms caught for the purposes specified in paragraph 1 may be sold, stored, displayed  or offered for sale, provided that: - they meet the standards laid down in Annex VII to the present Regulation and the marketing  standards adopted pursuant to Article 2 of Council Regulation (EEC) No 3759/92 of 17 December 1992  on the common organization of the market in fishery and aquaculture products (1), - or they are sold directly for purposes other than human consumption. Article 49 Artificial restocking and transplantation 1. This Regulation shall not apply to fishing operations carried out during the course of  artificial restocking or transplantation of marine organisms. 2. Marine organisms caught for the purposes set out in paragraph 1 may not be used for any other  purposes.TITLE VIII FINAL PROVISIONS Article 50 1. Where the conservation of stocks of marine  organisms calls for immediate action, the Commission may, in addition to or by way of derogation  from this Regulation, adopt any measures necessary in accordance with the procedure referred to in  Article 52. 2. Where the conservation of certain species or fishing grounds is seriously threatened, and where  any delay would result in damage which would be difficult to repair, the coastal State may take  appropriate non-discriminatory conservation measures in respect of the waters under its  jurisdiction. 3. The measures referred to in paragraph 2, together with an explanatory memorandum, shall be  communicated to the Commission and the other Member States as soon as they are adopted.Within 10 working days of receipt of such notification, the Commission shall confirm such measures,  or require their cancellation or amendment. The Commission's decision shall be immediately notified  to the Member States. Member States may refer the Commission's decision to the Council within 10 working days of  receiving this notification. The Council, acting by a qualified majority, may adopt a different decision within one month. Article 51 1. Member States may take measures for the conservation and management of stocks: (a) in the case of strictly local stocks which are of interest solely to the fishermen of the  Member State concerned; or (b) in the form of conditions or detailed arrangements designed to limit catches by technical  measures: (i) supplementing those laid down in the Community legislation on fisheries; or (ii) going beyond the minimum requirements laid down in the said legislation; provided that such measures apply solely to the fishermen of the Member State concerned are  compatible with Community law, and are in conformity with the common fisheries policy. 2. The Commission shall be informed, in time for it to present its observations, of any plans to  introduce or amend national technical measures. If the Commission so requests within one month of such notification, the Member State concerned  shall suspend the entry into force of the measures planned until three months have elapsed from the  date of the said notification, so that the Commission can decide within that period whether the  measures in question comply with the provisions of paragraph 1. Where the Commission finds, by a decision which it shall communicate to all Member States, that a  planned measure does not comply with the provisions of paragraph 1, the Member State concerned may  not bring it into force without making the necessary amendments thereto. The Member State concerned shall immediately inform the other Member States and the Commission of  the measures adopted, having made any amendments which may be necessary. 3. Member States shall provide the Commission, on request, with all particulars necessary for an  assessment of whether their national technical measures comply with the provisions of paragraph 1. 4. At the instigation of the Commission, or at the request of any Member State, the question of  whether a national technical measure applied by a Member State complies with paragraph 1 may be the  subject of a decision taken in accordance with the procedure laid down in Article 52. Should such a  decision be taken, the third and fourth subparagraphs of paragraph 2 shall apply. 5. Measures relating to fishing from the shore shall be communicated by the Member State concerned  to the Commission for information purposes only. Article 52 Detailed rules for the implementation of this Regulation may be adopted, in accordance  with the procedure laid down in Article 18 of Regulation (EEC) 3760/92. These rules may include,  inter alia: - technical rules for the determination of twine diameter, - technical rules for the determination of mesh size, - rules for sampling, - lists and technical descriptions of devices that may be attached to nets. Article 53 The following Articles and paragraphs of and Annexes to Regulation (EC) No ... are  hereby repealed: - Articles 1 through 8, - Article 9 (1) and (2), and the final subparagraph of (3), - Article 10, - Articles 12 through 18, - Annexes I through IV. References to said Regulation shall be construed as references to this Regulation and shall be read  in accordance with the correlation table set out in Annex IX. Article 54 This Regulation shall enter into force on the seventh day after its publication in the  Official Journal of the European Communities. It shall be applicable from ... . This Regulation shall be binding in its entirety and directly applicable in all  Member States. (1) OJ No L 288, 11. 10. 1986, p. 1. (2) OJ No L 206, 22. 7. 1992, p. 7. (1) OJ No L 274, 25. 9. 1986, p. 1. (2) OJ No L 389, 31. 12. 1992, p. 1. (3) OJ No L 261, 20. 10. 1993, p. 1. (1) OJ No L 171, 6. 7. 1994, p. 7. (2) OJ No L 24, 31. 1. 1996, p. 7. (1) OJ No L 388, 31. 12. 1992, p. 1.  ANNEX I Checklist of marine organisms >TABLE>  ANNEX II >TABLE>  ANNEX III >TABLE>  ANNEX IV Minimum mesh sizes and target species in regions 5 and 6 A. REGION 5 >TABLE> B. REGION 6 >TABLE>  ANNEX V >TABLE>  ANNEX VI >TABLE>  ANNEX VII >TABLE>   ANNEX VIII MEASUREMENT OF THE SIZE OF A MARINE ORGANISM 1. The size of any fish shall  be measured, as shown in Figure 1, from the tip of the snout to the end of the tail fin. 2. The size of a Norway lobster or a lobster shall be measured, as shown in Figures 2 and 3  respectively: - as the length of the carapace, parallel to the midline, from the back of either eye socket to the  distal edge of the carapace, and/or - as the total length, from the tip of the rostrum to the rear end of the telson, not including the  setae, and/or - in the case of detached Norway lobster tails: from the front edge of the first tail segment  present to the rear end of the telson, not including the setae. The tail shall be measured flat,  unstretched and on the dorsal side. 3. The size of a spinous spider crab shall be measured, as shown in Figure 4, along the midline,  from the edge of the carapace between the rostrums to the posterior edge of the carapace. 4. The size of any bivalve mollusc shall be measured, as shown in Figure 5, across the longest part  ot the shell. Figure 1 >REFERENCE TO A FILM> Figure 2 Figure 3 >REFERENCE TO A FILM> (Homarus) Lobster (Nephrops) Norway lobster (a) Carapace length (b) Overall length Figure 4 >REFERENCE TO A FILM> (Maja squinado) Spinous spider crab (a) Carapace length Figure 5 >REFERENCE TO A FILM> (Venus gallina) Striped venus (a) Longest part of the shell  ANNEX IX >TABLE>   'In lieu of meeting the requirements of paragraphs 2 (a), 3 (a) and 3a (a), vessels may carry  ...`. Regulation 10 1. Read subparagraph 1 (b) as follows: (cfr. Regulation 119 (1) (b) of the Annex to the 1977 Torremolinos Convention): '6 lifebuoys in vessels of less than 75 metres in length but 45 metres in length and over;`. 2. Insert a new subparagraph 1 (c) as follows: (cfr. Regulation 119 (1) (c) of the Annex to the 1977 Torremolinos Convention): '4 lifebuoys in vessels of less than 45 metres in length.` Regulation 13 Insert a new paragraph 1a as follows: '1a. However, for vessels of less than 45 metres in length the number of such apparatus may be  reduced to two, if the administration considers the requirement to carry three such apparatus  unnecessary taking into account the operation area of the vessel and the number of persons employed  on board;`. Paragraph 2 to read as follows: 'Two-way VHF radiotelephone apparatus provided on board existing vessels and not complying with the  performance standards adopted by the Organization may be accepted by the administration until 1  February 1999, provided that the administration is satisfied that they are compatible with approved  two-way VHF radiotelephone apparatus.` Regulation 14 To be read with the following addition at the end: '... in each survival craft. On every vessel of less than 45 metres in length at least one radar  transponder shall be carried.` CHAPTER IX Regulation 1 Paragraph 1 to read as follows: 'Unless expressly provided otherwise, this chapter shall apply to new vessels of 24 metres in  length and over and to existing vessels of 45 metres in length and over. However, for existing  vessels, the Administration may defer the implementation of the requirements until 1 February  1999.` Regulation 3: Exemptions Paragraph 2 (c) to read as follows: 'when the vessel will be taken permanently out of service before 1 February 2001.`  ANNEX III REGIONAL AND LOCAL PROVISIONS (ARTICLES 3 (3) AND 4 (1) 1. 'Northern`  regional provisions 1.1. Area of application Unless expressly mentioned otherwise elsewhere, the waters north of latitude 60 ° N, excluding the  Baltic Sea. 1.2. Definitions'Heavy drift ice` is drift ice covering 8/10 or more of the sea surface. 1.3. ad Regulation III/7 (1) (Operating conditions) 'In addition to the specific operating conditions given in Regulation III/7 (1) the following  operating conditions shall also be considered: (e) operating condition (b), (c) or (d), whichever produces the lowest values of the stability  parameters contained in the stability criteria listed in Regulation 2, shall be calculated  including allowance for ice accretion in accordance with the provisions of Regulation III/8; (f) for purse seiners: departure from the fishing grounds with the fishing gear, no catch and 30 %  stores, fuel, etc., including allowance for ice accretion in accordance with the provisions of  Regulation III/8.` 1.4. ad Regulation III/8 (Ice accretion) 'The specific requirements of Regulation III/8 and the specific guidance given in Recommendation 2  by the Torremolinos Conference shall be applied within the region concerned, i.e. also outside the  boundaries shown in the chart accompanying the said recommendation. Notwithstanding the provisions of Regulation III/8 (1) (a) and (b) the following icing allowance  shall be made in the stability calculations for vessels operating in the area north of latitude 63  ° N, between longitude 28 ° W and longitude 11 ° W: (a) 40 kilogrammes per square metre on exposed weather decks and gangways; (b) 10 kilogrammes per square metre for projected lateral area of each side of the vessel above the  water plane.` 1.5. ad Chapter VII, Part B (new provision) 'In addition to the provisions of Chapter VII, Part B, every lifeboat, rescue boat and liferaft  shall contain an approved emergency position indicating radio beacon (EPIRB), operating on the  frequencies 121,5 and 406 MHz, permanently stowed in each boat and raft. Alternatively for  inflatable liferafts towed in sealed containers and rescue boats the EPIRB's may be Stowed in such  locations that they can be rapidly placed in each of the liferafts once these are inflated, as well  as in the rescue boats.`. 1.6. ad Regulation VII/5 (2) (b) and (3) (b) (Number and types of survival crafts and rescue boats) 'Notwithstanding the provisions of Regulation VII/5 (2) (b), (3) (b), and (3a) for fishing vessels  hull is built to comply with the rules of a recognized organization for operation in waters with  heavy drift ice concentration in compliance with Regulation II/1/2 of the Annex to the 1993  Torremolinos Protocol, the rescue boat/lifeboat required in 2 (b), 3 (b) or 3a (b) shall at least  be partially covered (as defined in Regulation VII/18) and shall have sufficient capacity to  accommodate all persons on board.` 1.7. ad Regulation VII/9 (Immersion suits and thermal protective aids) 'Notwithstanding the provisions of Regulation VII/9 an approved immersion suit, of an appropriate  size, complying with the provisions of Regulation VII/25, including the measures applied to that  Regulation and listed in this Annex under item 1.8, shall be provided for every person on board.` 1.8. ad Regulation VII/25 (Immersion suits) 'Notwithstanding the provisions of Regulation VII/25 all immersion suits required under item 1.7 of  this Annex shall, as a single unit, be made of material with inherent insulation and shall also  comply with the buoyancy requirements of Regulation VII/24 (c) (i). All other relevant requirements  of Regulation VII/25 shall also be complied with.` 1.9. ad Regulation X/3 (7) (Radar installations) 'Notwithstanding the provisions of Regulation X/3 (7), every vessel of 24 metres in length and over  shall be fitted with a radar installation to the satisfaction of the administration. This radar  installation shall be capable of operating in the 9 GHz band.` 1.10. ad Regulation X/3 (14) (Radio direction-finding equipment) 'In addition to the provisions of Regulation X/3 (14), every vessel of 45 metres in length and over  shall be fitted with a VHF direction-finding apparatus for homing on the marine VHF distress  frequency 156,8 MHz (channel 16) and the aeronautical VHF emergency frequency 121,5 MHz.` 1.11. ad Regulation X/5 (Signalling equipment) 'In addition to the provisions of Regulation X/5, every vessel shall, when operating in waters  where drift ice may occur, be fitted with at least one searchlight with a lighting capacity of at  least 1 lux, measured at a distance of 750 metres.` 2. 'Southern` regional provisions 2.1. Areas of application The Mediterranean Sea and the coastal areas, within 20 miles from the coast of Spain and Portugal,  of the summer zone of the Atlantic Ocean, as defined on the 'Chart of zones and seasonal areas` in  Annex II to the 1966 International Convention on Load Lines (1), as amended. 2.2. Immersion suits and thermal protective aids ad Regulation VII/B/9 (1): taking into consideration the provisions of paragraph 4 of Regulation  VII/B/9, add at the end of paragraph 1 the following sentence: 'For vessels of less than 45 metres in length the number of immersion suits needs not be greater  than two.` 2.3. Radio life-saving appliances ad Regulation VII/B/13 (1): add at the end of the paragraph the following sentence: 'For fishing vessels with a length of less than 45 metres the number of VHF radiotelephone  apparatus may be reduced to two if the administration considers the requirement to carry three  two-way VHF radiotelephone apparatus unnecessary taking into account the operation area of the  vessel and the number of persons employed on board.` 2.4. Radiocommunications - application ad Regulation IX/A/1: add a new paragraph 1b as follows: 'This chapter shall also apply to new vessels of 24 metres in length and over, provided that the  area in which they operate is supported appropriately by coast stations operating in accordance  with the IMO master plan.` 2.5. Radiocommunications - definitions ad Regulation IX/A/2 (l) and (m): replace 'as may be defined by a Party` by 'as it is contained in  the IMO master plan`. (1) International Convention on Load Lines, 1966 adopted on 5 April 1966 by the  International Conference on Load Lines, held in London upon the invitation of the  Inter-Governmental Maritime Consultative Organization.  ANNEX IV FORMS OF CERTIFICATE OF COMPLIANCE, EXEMPTION CERTIFICATE, AND RECORD OF  EQUIPMENT >START OF GRAPHIC>>END OF GRAPHIC>