CELEX: 51996PC0317
Language: en
Date: 1996-07-08
Title: Amended proposal for a COUNCIL REGULATION (EC) laying down certain technical measures for the conservation of fishery resources - (consolidated version)

><(4)(4$ft#Sk."
                                COMMISSION OF THE EUROPEAN COMMUNITIES
                •it    -à
                                                               Brussels, 08.07.1996
                                                               COM(96) 317 final - CNS 532
                                             Amended proposal for a
                                        COUNCIL REGULATION (EC)
                    laying down certain technical measures for the conservation of fishery resources
                                                 (consolidated version)
                           (presented by the Commission pursuant to Article 189 a (2)
                                               of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
1. On 20 June 1991 the Commission presented a proposal for a Council Regulation to
codify Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain
technical measures for the conservation of fishery resources.1
2. On 6 December 1995 the Commission presented an amended proposal for a codified2
version, a number of amendments having been made to Regulation (EEC) No 3094/86
since the original proposal was presented.
3. Since Regulation (EEC) No 3094/86 has been further amended in the meantime by
Council Regulation (EC) No 3071/95 of 22 December 1995, the Commission has decided
to table a new amended proposal (attached at Annex I) to codify the Regulation under
Article 189a(2) of the EC Treaty.
To make the text easier to read and consult, the full text of the updated proposal is also
attached (Annex II).
        SEC(91) 1073 final of 20 June 1991.
        COM(95) 613 final of 6 December 1995 - CNS 532.
        The amended proposal for a codified version was included in the 1995 legislative programme. The
        Legal Services' Consultative Working Party provided for in the interinstitutional agreement of
        20 December 1994 sent its opinion on the proposal to Parliament, the Council and the Commission
        on 14 March 1996.
 ---pagebreak--- ANNEX I ---pagebreak---                                                    Amended proposal for a
                                               rOTTNCTL REGULATION Œ D
                       laying down certain technical measures for the conservation of fishery resources
                                                       codified version
  The proposal for a Council Regulation - codified version (COM (95) 613 final, of 06. 12. 1995, CNS 532) - is hereby
                                                     amended as follows:
1. On page 3, the reference made by footnote 3 'as last amended by Regulation (EC) No 2251/95 (OJ No L 230,27. 8.1995,
   p. 11). ' is replaced by 'as last amended by Regulation (EC) No 3071/95 (OJ No L 329, 30. 12. 1995, p. 14).'.
2. The recitals 5, 6, 7 and 8 of Regulation (EC) No 3071/95 shall become respectively recitals 11,12, 13 and 14 of the
   amended proposal:
   '11)      Whereas there is an increasing tendency to use smaller           5.    3071/95
             and smaller mesh sizes for bottom set gillnets, entangling
             nets and trammel nets, which is resulting in increasing
            mortality rates for juveniles of the target species of the
             fisheries concerned;
    12)      Whereas this trend should be halted and the mesh sizes
             used for passive gear such as bottom set gillnets, entan-
             gling nets and trammel nets should be designed to
             achieve selective catches of the target species or group
             of target species;
    13)      Whereas biological parameters for the species concerned
             differ between geographical areas; whereas these differ-
             ences justify the application of different measures in
             those areas;
    14)      Whereas in order to permit fishermen adequate time to
             adapt existing gear to the new requirements, a sufficient
             transition period should be provided;'
3. The recitals 11 to 25 shall become respectively recitals 15 to 29 of the amended proposal.
4. The following paragraph 10 shall be added to Article 2:
      '10. (a) Bottom set gillnets, entangling nets and trammelnets 3071/95 - Art. 1 (1)
                  with mesh sizes that do not correspond to any of the
                  categories set out in Annexes V or VI shall be pro-
                  hibited and may not be kept on board fishing vessels. In
                  the case of trammel nets, the mesh size referred to in
                  this Regulation is that of the piece of net with the
                  smallest mesh size.
            (b) When catches are made in regions 1 and/or 2 by fishing
                  vessels using bottom gillnets, entangling nets and/or
                   trammel nets with mesh sizes corresponding to one of
                   the categories set out in Annex V, the percentage of
                   quantities retained on board expressed in live weight, for
                   one or any combination of species or groups of species
                   mentioned in the corresponding mesh size category, may
                   not be less than 70 %.
 ---pagebreak---           (c)   When catches have been made in region 3 by fishing
               vessels using bottom set gillnets, entangling nets and/or
                trammel nets with mesh sizes corresponding to one of
                the categories set out in Annex VI, the percentage of
                quantities retained on board expressed in live weight, for
                one or any combination of species or groups of species
                mentioned in the corresponding mesh size category, may
                not be less than 70 %.
          (d) For the purposes of this Regulation, the following defini-
                tions apply:
                (i)  'bottom set gillnets or entangling nets' are any gear
                     made up of a single piece of net, fixed by any
                     means to the bottom;
                (ii)  trammel nets' are any 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.
           (e)  Letters (a), (b), (c) and (d) shall not apply to catches of
                salmonidae and agnarha.
           Detailed rules for the application of this paragraph, including 3071/95 - Art. 2, second
           the measurement of mesh size, shall be adopted in accor- paragraph (adapted)
           dance with the procedure laid down in Article 18, no later
          than 31 December 1997.'
5. In the second paragraph of Article 19, the text 'in accordance with the correlation table set out in Part A of Annex V is
   replaced by 'in accordance with the correlation table set out in Part A of Annex VII'.
6. The following should be added to Article 20 as second paragraph:
   'However, the provisions of Article 2(10) and of Annexes V and VI shall enter into force on 30 December 1997.'
7. Annex V shall be replaced by the text shown at point 8 and shall become Annex VII. The following Annexes V and VI are
   inserted: (3071/95, Art, (1) (2) )
                                                          'ANNEX V
                                                       Regions 1 and 2
               Species/mesh                 10-30 mm     50-70mm      90-99 mm    100-119 mm     120-219 mm       >22() mm
Pilchard (Sardina pilchardus)                                             *             *              *              *
Eel (Anguilla anguilla)
Sprat (Sprairus sprattus)                        *            *                                                       *
Horse mackerel (Trachiurus irachunis)                                     *                            *
Herring (Clupea harengus)
Mackerel (Scomber scombnis)                                   *                         *              *              *.
Red mullets (Mullidae)                                        *                         *              *
Garfish (Belone spp.)                                         *                         *
 ---pagebreak---                 Species, mesh                  10-30 mm    50-70mm       90-99 mm      100-119 mm      120-219 mm       >220 mm
Bass (Dicerurarchus labrax)                                                                  *
Grey mullets (Mugilidae)                                                     *               *              *               •
Dab (Limanda lirnanda)                                                                       *              *
Haddock (Melanogrammus aeglefinus)
Whiting (Merlangius mertangus) (2)                                                           *              *               *
Flounder (Platichthys flesus)                                                                               *
Sole (Solea \idgaris)
Plaice (Pleiironectes platessa)
Cuttlefish (Sepia spp.)
Cod (Gadus morrhua)
Pollack (Pollachius pollachius) (3)                                                                          *
Ling (Molva molva)
Saithe (Pollachius \irens)                                                                                   *              *
                                    1
Hake (Merluccius merluccius) (- )
Spurdog (Squalus acanthias)                                                                                  *
Spotted dogfish (Scyliorhinus spp.)
Megrim (Lepidorhombus spp.)
Lumpfish (Cyclopterus lumpus)                                                                                *
Others                                                                                                                     *C)
(1)
     Catches of anglerfish (Lophius spp.) taken from ICES divisions VI and VII and retained on board in excess of 30 % of the total
     catch on board from those areas must be taken with a minimum mesh size of 250 mm or greater.
("-) In ICES divisions Vile and VTId, for a period of two years following the entry into force of this Regulation, the minimum size
     will be 90 mm.
(J> In ICES divisions Vile and VTId, for a period of two years following the entry into force of this Regulation, the minimum size
     will be 110 mm.
                                                           ANNEX      VI
                                                             Region 3
               Species/mesh size                 < 40 mm    40-49mm       50-59 mm      60 — 79 mm      80-99 mm        > 100 mm
 Pilchard (Sardina pile h ardus)                    *                                                                        *
 Prawns (Palaemon spp.)                                                       *
 Rainbow wrasse (Coris julis)                                    *                                           *
 Dogue (Boops boops)                                 *                                        *              *               *
 Shrimps (Penaeus spp.)                                                       *                              *               *
 Mantis shrimp (Sqirilla mantis)                                  *           *
 Red mullets (Midlidae)                                                                       *
 ---pagebreak---               Species/mesh size                  < 40 mm   40-49 mm       50-59 mm     60-79 mm       80-99 mm       >100mm
Wedge sole (Dicologoglossa cuneaia)                             *             *             •                             •
Wrasses (Labridae)                                                            *             *              •
Horse mackerel (Trachums trachums)                                                          *
Mackerel (Scomber scombrus)
Pout (Trisopterus luscus)                                                     *             *
Cuttlefish (Sepia spp.)                                                       *             *              »             *
Gurnards (Triglidae)
Sea breams (Sparidae)
Rockfish (Scorpaerddae)                                                                     *                             *
Eyed sole (Microchirus acevia)                                                              *
Short-finned squid      (Ommatostrephidae)                                                  *              *
Conger (Conger conger)                                                                      *              *             *
Forkbeards (Phycis spp.)
Brill (Scophtalmus rhombus)
Weavers (Trachinidae)
Picarels (Centracanthidae)
Bass (Dicentrarchus labrax)
Whiting (Merlangius merlangus)                                                                             *
Turbot (Psetta maxima)                                                                                                   *
Pollack (Pollachius pollachius)                                                                                          *
Flounders (Pleuronectidae)                                                                                 *
Sole (Solea vulgaris) (l)
Hake (Merluccius merluccius) (})
Others (2)                                                                                                               *
W In ICES divisions VTIIc and IX the minimum mesh size will be 80-99 mm. However, for a period of two years following the
    entry into force of this regulation, the minimum mesh size will be 60 mm.
(2^ Catches of anglerfish (Lophius spp.) and retained on board in excess of 30 % of the total catch on board must be taken with a
    minimum mesh size of 220 mm or greater.'
 ---pagebreak--- S. The following Annex Vil is added:
                                         'ANNEX VII
                                            Part A
                                     CORRELATION TABLE
 Regulation 3094/86                             This Regulation
 Article 1                                       Article 1
 Article 2(1)                                    Article 2(1)
 Article 2 (2)                                   Article 2 (2)
 Article 2 (3)                                   Article 2 (3)
 Article 2 (4)                                   Article 2 (4)
 Article 2 (5)                                   Article 2 (5)
 Article 2 (6)                                   Article 2 (6)
  Article 2 (7)                                  Article 2 (7)
  Article 2 (10)                                 Article 2 (8)
  Article 2 (11)                                 Article 2 (9)
  Article 2 (12)                                 Article 2(10)
  Article 3                                      Article 3
  Article 4                                      Article 4
  Article 5(1)                                   Article 5(1)
  Article 5 (2)                                  Article 5 (2)
  Article 5 (3) (a)                              Article 5 (3) (a)
  Article 5 (3) (b) first indent                 Article 5 (3) (b) first indent
  Article 5 (3) (b) second indent                Article 5 (3) (b) second indent
  Article 5 (3) (b) third indent                 Article 5 (3) (b) third indent
  Article 5 (3) (b) fourth indent
  Article 5 (3) (c)                              Article 5 (3) (c)
  Article 5 (4)                                  Article 5 (4)
  Article 5 (5)                                  Article 5 (5) •
  Article 6                                      Article 6
  Article 7                                      Article 7
  Article 7a                                     Article 8
  Article 8                                      Article 9
  Article 9 (1)                                  Article 10 (1)
  Article 9 (2)                                  Article 10 (2)
  Article 9 (3)                                  Article 10 (3)
  Article 9 (4)                                  Article 10 (4)
  Article 9 (4a)                                 Article 10 (5)
  Article 9 (5)                                  Article 10 (6)
  Article 9 (6)                                  Article 10 (7)
  Article 9 (7)                                  Article 10 (8)
  Article 9 (8)                                  Article 10 (9)
  Article 9 (9)                                  Article 10 (10)
  Article 9(10)                                  Article 10(11)
  Article 9 (11)                                 Article 10 (12)
  Article 9 (12)                                 Article 10 (13)
  Article 9 (13)                                 Article 10 (14)
  Article 9 (15)                                 Article 10 (15)
  Article 9 (16)                                 Article 10 (16)
  Article 9 (17)                                 Article 10 (17)
  Article 9 (18)                                  Article 10 (18)
 ---pagebreak--- Regulation 3094/86 This Regulation
Article 9 (19)     Article 10(19)
Article 9a (1)     Article 11 (1)
Article 9a (2)
Article 9a (3)     Article 11(2)
Article 9a (4)     Article 11(3)
Article 9b         Article 12
Article 10         Article 13
Article 11         Article 14
Article 12         Article 15
Article 13         Article 16
Article 14(1)      Article 17(1)
Article 14(2)      Article 17(2)
Article 14(3)      Article 17 (3)
Article 14(4)      Article 17(4)
Article 14(5)
Article 14 (6)
Article 14(7)      Article 17 (5)
Article 15         Article 18
                   Article 19
                   Article 20
ANNEX              ANNEX I
ANNEX I - footnote ANNEX I foomote        (1
ANNEX I - footnote ANNEX I foomote        (2
ANNEX I - foomote  ANNEX I foomote        (3
ANNEX I - foomote  ANNEX I foomote        (4
ANNEX I - foomote  ANNEX I foomote        (5
ANNEX I - foomote  ANNEX I foomote        (6
ANNEX I - footnote ANNEX I footnote       (7
ANNEX I - footnote
ANNEX I - foomote  ANNEX I - footnote (8)
ANNEX I - foomote
ANNEX I - foomote
ANNEX I - foomote
ANNEX I - foomote
ANNEX I - foomote  ANNEX I - foomote (9)
ANNEX I - foomote  ANNEX I - foomote (10)
ANNEX I - foomote  .ANNEX I - foomote (11)
ANNEX II - foomote
ANNEX II - foomote
ANNEX II - foomote
ANNEX II - foomote
ANNEX II - foomote
ANNEX II - foomote ANNEX     II - footnote (1)
ANNEX II - foomote ANNEX     II - footnote (2)
ANNEX II - foomote ANNEX     II - footnote (•)
ANNEX III          ANNEX     III
ANNEX IV           ANNEX     IV
ANNEX VI           ANNEX     V
ANNEX VII          ANNEX     VI
ANNEX V            ANNEX     VII
 ---pagebreak---                                           Part B
                     Regulations amending Regulation (EEC) No 3094/86
                                                                        Official Journal
                                                                    No      page           date
Regulation (EEC) No 4026/86                                       L376        1       31.12. 1986
Regulation (EEC) No 2968/87                                       L280        1        3. 10. 1987
Regulation (EEC) No 3953/87                                       L371        9       30. 12. 1987
Regulation (EEC) No 1555/88                                       L 140       1         7.6. 1988
Regulation (EEC) No 2024/88                                       L 179       1         9.7. 198S
Regulation (EEC) No 3287/88                                       L292        5       26. 10. 1988
Regulation (EEC) No 4193/88                                       L369        1       31. 12. 19S8
Regulation (EEC) No 2220/89                                       L211        6        22. 7. 1989
Regulation (EEC) No 4056/89                                       L3S9       75       30. 12. 1989
Regulation (EEC) No 3500/91                                       L331        2        3. 12. 1991
Regulation (EEC) No 345/92                                         L42       15        18.2. 1992
Regulation (EEC) No 1465/92                                       L155        1         6. 6. 1992
Regulation (EEC) No 2120/92                                       L213        3 "      29. 7. 1992
Regulation (EEC) No 3034/92                                       L307        1       23. 10. 1992
Regulation (EEC) No 3919/92                                       L397        1       31.12. 1992
Regulation (EC) No 1796/94                                        L187        1        22. 7. 1994
Regulation (EC) No 1173/95                                        L 118      15        25.5. 1995
Regulation (EC) No 1909/95                                        L 184       1         3.8. 1995
Regulation (EC) No 2251/95                                        L230       11        27. 9. 1995
Regulation (EC) No 3071/95                                        L329       14       30. 12. 1995'
                                            10
 ---pagebreak--- ANNEX n
   11
 ---pagebreak---                                         Amended proposal for a
                                COUNCIL REGULATION (EC) No . J.„
          laying down certain technical measures for the conservation of fishery resources
      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 W,
      Having regard to the opinion of the Economic and So-
      cial Committee (2),
(1)   Whereas Council Regulation (EEC) 3094/86 of 7 Octo-
      ber 1986 laying down certain technical measures for the
      conservation of fishery resources (3) has been frequently
      and substantially amended; whereas for reasons of clarity
      and rationality that Regulation should be codified;
(2)   Whereas, in order to ensure the protection of marine                  3094/86
      biological resources and the balanced exploitation of
      fishery resources in the interests of both fishermen and
      consumers, technical measures should be laid down for
      the conservation of fishery resources specifying inter alia
      the mesh sizes, by-catch rates, and fish sizes permitted,
      as well as the limitation of fishing within certain areas
      and periods and with certain gear;
(3)   Whereas a balance needs to be struck between adjusting          25.   345/92
      technical conservation measures to the diversity of the
      fisheries and the need for homogeneous rules which are
      easier to apply;
(4)   Whereas the rules governing fishing operations in the           15.   3094/86
      Skagcrrak and Kattegat, agreed between the Community
      and Norway and Sweden, should be included in this
      Regulation; whereas, taking account of the scientific ad-        +
      vice, it is therefore necessary to establish seasonal limita-
      tions on certain fishing activities in the Skagerrak and         6.   1796/94 (adapted)
      the Kattegat;
(5)   Whereas management measures concerning fishing in the           22.   345/92
      Baltic Sea should be adopted by the International Baltic
      Sea Fishery Commission;
  (1)  OJ No C ...
  (2)  OJ No C :..
  (3)  OJ No L 288, 11. 10. 1986, p. 1. Regulation as last amended by
       Regulation (EC) No 3071/95 (OJ No L 329, 30. 12. 1995, p. 14).
                                                         12
 ---pagebreak---  (6) Whereas discards currently account for unacceptable          10.
     wastage on a large scale; whereas a ban on fishing using
     insufficiently selective techniques or practised in areas
     where juveniles are concentrated, together with increases
     in mesh sizes and the prohibition of gear conducive to
     discarding, constitute a first step towards the final elimi-
     nation of practices which are incompatible with con-
     servation and the proper use of resources; whereas it is
     necessary to introduce a coherent system of management
     and exploitation which reduces discards to a minimum;
 (7) Whereas it is appropriate to define directed fishing for         3094/S6 (adapted)
     certain species of fish as well as by-catches and pro-
     tected species;
 (8) Whereas extensive trials have shown that the use of          31. 345/92
     square mesh panels ahead of and above the cod-end can
     play a significant part in reducing the capture of under-
     size fish;
 (9) Whereas industrial fishing is a continuous activity and,     12.
     accordingly, the conditions governing it should also be
     stable;
(10) Whereas the catching of certain species to be trans-             1796/94
     formed into fish-meal or oil can be carried out with an
     abnormal mesh size provided that such catching opera-
     tions do not have a negative influence on other demersal
     stocks, in particular cod and haddock;
(11) Whereas there is an increasing tendency to use smaller           3071/95
     and smaller mesh sizes for bottom set gillnets, entangling
     nets and trammel nets, which is resulting in increasing
     mortality rates for juveniles of the target species of the
     fisheries concerned;
(12) Whereas this trend should be halted and the mesh sizes
     used for passive gear such as bottom set gillnets, entan-
     gling nets and trammel nets should be designed to
     achieve selective catches of the target species or group
     of target species;
(13) Whereas biological parameters for the species concerned
     differ between geographical areas; whereas these differ-
     ences justify the application of different measures in
     those areas;
(14) Whereas in order to permit fishermen adequate time to
     adapt existing gear to the new requirements, a sufficient
     transition period should be provided;
(15) Whereas the manner in which the size of crustaceans              3094/86 (adapted)
     and molluscs are to be measured should be defined;
(16) Whereas the rules concerning fishing within the 12 mile          (adapted)
     coastal zone should be defined in terms which are en-
     forceable;
                                                        13
 ---pagebreak--- (17)   Whereas in this respect, protection of nursery areas         8. (adapted)
       should be provided for in the coastal zone of Member
       States, taking into account the specific biological condi-
       tions in those various zones;
(18)   Whereas the non-selective use of purse seines on schools     1. 3034/92
       of tuna and other species of fish found in association
       with or in close proximity to marine mammals may re-
       sult in the pointless catching and killing of such mam-
       mals;
(19)   Whereas, when properly and responsibly conducted, the
       use of purse seines is an effective method of fishing sole-
       ly for the desired target species; whereas under such cir-
       cumstances it no longer represents a threat to the con-
       servation of marine mammals;
(20)   Whereas on 22 December 1989 the General Assembly            14. 345/92
       of the United Nations adopted Resolution 44/225 on
       large-scale pelagic driftnet fishing and its impact on the
       living marine resources of the world's oceans and seas;
(21)   Whereas by Decision 82/72/EECt 1 ) the Council ap-          16.
       proved the Convention on the conservation of European
       wildlife and natural habitats (Berne Convention);
(22)   Whereas the Community has signed the United Nations         17.
       Convention on the Law of the Sea which requires all the
       members of the international community to cooperate in
       the conservation and management of the living resources
       of the high seas;
(23)   Whereas the uncontrolled expansion and growth of drift-     18.
       netting may entail serious disadvantages in terms of in-
       creased fishing effort and increased by-catches of species
       other than the target species; whereas it is therefore de-
       sirable to regulate fishing with driftnets;
(24)   Whereas, in order not to hinder scientific research, this    9. 3094/86
       Regulation should not apply to operations which may be
       necessitated, even incidentally, by the conduct of such
       research;
(25)   Whereas, where conservation is seriously threatened,        17.
       Member States should be permitted to take appropriate
       provisional measures;
(26)   Whereas additional national measures of a strictly local    11.
       character should not be invalidated or hampered by the
       adoption of this Regulation;
(27)   Whereas, therefore, such measures may be maintained         12.
       or adopted subject to consideration by the Commission
       of their compatibility with Community law and conformi-
       ty with the common fisheries policy,
   (1)   OJ No L 38, 10. 2. 1982, p. 1.
                                                         14
 ---pagebreak--- (28)   Whereas this Regulation should apply without prejudice            13.
       to certain national measures going beyond the minimum
       requirements which it lays down;
(29)   Whereas urgent new conservation measures and detailed             16. (adapted)
       rules on the implementation of this Regulation may be
       necessary; whereas such measures and rules should be
       adopted in accordance with the procedure laid down in
       Article 18 of Council Regulation (EEC) No 3760/92, W
       HAS ADOPTED THIS REGULATION:
   (1)   OJ No L 389, 31.12.1992, p. 1. Regulation as last amended by the
         Act of Accession of Austria, Finland and Sweden.
                                                            15
 ---pagebreak---                            Article 1
                     Definition of areas
1. This Regulation shall apply to the taking and landing     3034/92-Art. 1(1)
of fishery resources occurring in all maritime waters under
the sovereignty or jurisdiction of the Member States, ex-
cept as otherwise provided for in Article 6 (1) (b), Article
10 (17) and Article 11 (3), and situated in one of the fol-
lowing regions:
Region 1                                                     3094/86
All waters which lie to the north and west of a line run-
ning from a point at latitude 4S* N, longitude 18* W;
thence due north to latitude 60* N; thence due east to lon-
gitude 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 Divisions III b), III c)
and III 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 Adantic
 comprising divisions 34.1.1, 34.1.2 and 34.1.3 and subarea
 34.2.0 of fishing zone 34 of the FAO - CECAF region,
 excluding the waters under the sovereignty or jurisdiction
 of Spain situated around the Canary Islands.
Region 6
 All waters off the coasts of the French department of Guy-
 ana.
 Region 7
 All waters off the coasts of the French departments of
 Martinique and Guadeloupe.
 Region 8
 All waters off the coasts of the French department of Réu-
 nion.
                                             16
 ---pagebreak--- 2. The geographical areas designated in this Regulation            3094/86
by the letters 'NAFO', 'ICES' and 'FAO' shall be those
defined by the Northwest Atlantic Fisheries Organization,
the International Council for the Exploration of the Sea,
and the Food and Agricultural Organization of the United
Nations, respectively. They are described, subject to any
subsequent amendments, in Council Regulation (EEC) No
3179/78 (l\ and in Commission communications Nos 85/C
335/02 <2> and Nos 85/C 347/05 <3>.
3. The regions referred to in paragraph 1 may be di-
vided into geographical areas in accordance with the pro-
cedure referred to in Article 18, in particular on the basis
of the definitions referred to in paragraph 2 thereof.
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 Tistlar-
na, 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 Lin-
desncs and in the south by a line drawn from Skagen light-
house to the lighthouse of Tistlarna and from there to the
nearest point on the Swedish coast.
5. Notwithstanding paragraph 2, for the purposes of this
 Regulation, the North Sea shall comprise ICES Sub-area
 IV, the adjacent part of ICES Division II a) King south of
latitude 64° N, and that pan of ICES Division III a) which
is not covered by the definition of the Skagerrak given in
paragraph 4.
                            TITLE I
        NETS AND CONDITIONS FOR THEIR USE
                            Article 2
                     Minimum mesh sizes
 1. For each of the regions or geographical areas men-
 tioned in Annex I and depending, where applicable, on the
 period and engine power, it is prohibited to use any trawl,
 Danish seine or similar towed net unless its mesh size in
 that pan of the net having the smallest meshes is equal to,
 or greater than, one of the minimum mesh sizes listed in
 that Annex, hereinafter known as 'the reference minimum
 mesh size', and unless the catch taken with that net and
 retained on board includes:
  (i)  OJ No L 378,30.12.1978, p. 1. Regulation as last amended by
       Regulation (EEC) No 654/81 (OJ No L 69, 14. 3. 1981, p. 1).
       OJ No C 335, 24.12.1985, p. 2.
  (3)  OJ No C 347, 31.12.1985, p. 14.
                                                17
 ---pagebreak--- —     a percentage of authorized target species equal to or 3094/86
      greater than that specified in Annex I,
—     a percentage of protected species which does not ex-
      ceed that specified in Annex I,
for the reference minimum mesh size.
Notwithstanding the first subparagraph, the minimum per-
centage of target species may be obtained by aggregating
the quantities of all the target species caught, provided
that:
—     they are target species for which the maximum per-    Corrigendum (OJ No L 35, 6. 2. 1987, p. 44)
      centage of protected species is 10 %,
  c
—- they are target species for which the reference mini-    3094/S6
      mum mesh size is the same as, or less than, the mesh
      of the net in use,
—     the total percentage for all protected species com-
      bined as a proportion of the total weight of all the
      target species combined does not exceed 10 %.
For the purpose of this Regulation, protected species are
defined as those species for which a minimum size has
been laid down in Annex II, or which are identified by an
asterisk in that Annex for the Region concerned.
The provisions of this paragraph shall be without prejudice
to the specific provisions laid down in paragraphs 2 to 9.
2. Dredges are exempted from the provisions of para-
graph 1. However, it shall be prohibited to have on board
or to land more than 10 % of protected species when fish-
ing with dredges.
3. The percentages referred to in Annex I shall be calcu-
lated as the proportion by weight of all fish, crustaceans
and molluscs on board after sorting or on landing, taking
into account any quantities which have been transhipped.
Notwithstanding the first subparagraph, when fishing for
sand-eel with nets having mesh sizes smaller than 16 mm,
the percentage may be measured before sorting. This
provision shall not apply in the Skagerrak and Kattegat.
The percentages may be calculated on the basis of one or
more representative samples. Rules for sampling may be
drawn up in accordance with the procedure laid down in
Article 18.
4. Sorting shall be carried out immediately after hauling.
 Catches of protected species which exceed the percentages
laid down in Annex I shall be discarded immediately into
 the sea.
                                            18
 ---pagebreak--- 5. If catches have been made during the same voyage           3094/86
using different nets with different mesh sizes, or in differ-
ent regions, geographical areas or under additional differ-
ent conditions (such as different periods of time), and if
these different fishing conditions imply a change in the ref-
erence minimum mesh sizes (with corresponding percen-
tages) as listed in Annex I, the percentages shall be calcu-
lated for each part of the catch taken under each different
condition.
AU catches shall be deemed to have been taken with the
net on board having the smallest mesh size unless the log-
book, kept in accordance with Article 6 of Council Regula-
tion (EEC) No 2847/93 W and with the rules laid down in
implementation of that Article, shows otherwise.
6.     Catches shall be estimated as live weight.
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.
7. Nets with mesh sizes smaller than the mesh size of
the net in use in conformity with paragraph 1 shall not be
kept on board unless they are properly lashed and stowed
 in such a way that they may not be readily used. Specific
rules concerning stowage of gear may be drawn up in ac-
 cordance with the procedure laid down in Article 18.
 8. Engine power shall be defined as the total of the
 maximum continuous power which can be obtained at the
 flywheel of each engine and which can, by mechanical,
 electrical, hydraulic or other means, be applied to vessel
 propulsion. However, where a gearbox is incorporated into
 the engine, the power shall be measured at the gearbox
 output flange.
 No deduction shall be made in respect of auxiliary ma-
 chines driven by the engine.
 The unit in which engine power is expressed shall be the
 kilowatt (kW).
 The continuous engine power shall be determined in ac-
 cordance with the requirements adopted by the Interna-
  tional Organization for Standardization in its recom-
 mended International Standard ISO 3046/1, 2nd edition,
 October 1981.
 The amendments necessary for adapting the requirements,
 provided for in the fourth subparagraph, to technical prog-
  ress are adopted in accordance with the procedure laid
  down in Article 18.
   (i)  OJ No L 261. 20.10.1993, p. 1.
                                             19
 ---pagebreak--- 9. It shall be prohibited to have on board or to use any       345/92 - Art. 1 (1)
trawl, Danish seine or similar towed net of which the mini-
mum mesh size is equal to or greater than 90 mm having
more than 100 meshes in the circumference at least of the
cod-end sensu stricto, excluding the joinings and selvedges.
Any trawl, Danish seine or similar towed net of which the
mesh size is equal to or greater than 100 mm may be
equipped, in the upper part of the cod-end, with a section
(panel or window) of square-meshed netting attached to
the joinings or selvedges, having a mesh size equal to or
greater than 90 mm.
'Square-meshed netting' shall mean netting which is
mounted so that the two AB directions of the meshes
forming the panel are in one direction, parallel to the
longitudinal axis of the cod-end stricto sensu and, in the
other direction, at right angles to its longitudinal axis. The
AB direction is the direction parallel to a rectilinear se-
quence of mesh bars, each from adjacent meshes.
10. (a) Bottom set gillnets, entangling nets and tram-         3071/95 - Art. 1 (1)
          melnets with mesh sizes that do not correspond
          to any of the categories set out in Annexes V or
          VI shall be prohibited and may not be kept on
          board fishing vessels. In the case of trammel
          nets, the mesh size referred to in this Regulation
          is that of the piece of net with the smallest mesh
          size.
     (b) When catches are made in regions 1 and/or 2 by
          fishing vessels using bottom gillnets, entangling
          nets and/or trammel nets with mesh sizes corre-
          sponding to one of the categories set out in
          Annex V. the percentage of quantities retained
          on board expressed in live weight, for one or any
          combination of species or groups of species men-
          tioned in the corresponding mesh size category,
          may not be less than 70 %.
      (c) When catches have been made in region 3 by
          fishing vessels using bottom set gillnets, entan-
          gling nets and/or trammel nets with mesh sizes
          corresponding to one of the categories set out in
          Annex VI, the percentage of quantities retained
          on board expressed in live weight, for one or any
          combination of species of groups of species men-
          tioned in the corresponding mesh size category,
          may not be less than 70 %.
      (d) For the purposes of this Regulation, the follow-
          ing definitions apply:
                                              20
 ---pagebreak---            (i)   bottom set gillnets or entangling nets' are  3071/95 - Art. 1 (1)
                any gear made up of a single piece of net,
                fixed by any means to the bottom;
           (ii)  trammel nets' are any gear made up of two
                or more pieces of net hung jointly in paral-
                lel on a single headline, fixed by any means
                to the bottom of the sea.
      (e)  Letters (a), (b), (c) and (d) shall not apply to
           catches of salmonidae and agnatha.
      Detailed rules for the application of this paragraph,   3071/95 - A r t . 2(2)
      including the measurement of mesh size, shall be        (adapted)
      adopted in accordance with the procedure laid down
      in Article 18, no later than 31 December 1997.
                           Article 3
                 Determination of mesh size
The technical rules for the determination of mesh size        3094/86
shall be drawn up in accordance with the procedure re-
ferred to in Article 18.
                           Article 4
                     Attachments to nets
No device shall be used by means of which the mesh in
any part of the fishing net is obstructed or otherwise effec-
tively 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 18.
                           TITLE II
      Minimum size of fish, crustaceans and molluscs
                           Article 5
1. A fish, crustacean or mollusc is undersized if its di-     345/92 - Art. 1 (2)
mensions are smaller than the minimum dimensions speci-
fied in Annexes II and III for the relevant species and re-
gion or particular geographical area, if specified. Where
more than one method of measuring the minimum size is
provided for, the fish, crustacean or mollusc is deemed to
be of the minimum size if at least one of the dimensions
found is greater than die corresponding minimum dimen-
sion.
2.    (a) The size of a fish shall be measured from the tip   3094/86
           of the snout to the end of the tail fin.
                                             21
 ---pagebreak---      (b) The size of Norway lobster and lobsters shall be       345/92 - Art. 1 (3)
          measured, as shown in Annex IV,
          —      as the length of the carapace, parallel to the
                 mid-line from the back of either eye socket
                 to the distal edge of the carapace,
           —     as the total length, from the tip of the ros-
                 trum to the rear end of the telson, not in-
                 cluding the setae.
           Detached Norway lobster tails shall be measured
           from the front edge of the first segment present
           of the tail to the rear end of the telson, not in-
           cluding the setae. The tail shall be measured flat
           and unstretcfied.
     (c)   The size of edible crabs shall be measured, as
           shown in Annex IV:
           —     as the length of the carapace measured
                 along the mid-line from the interorbital
                 space to the rear edge of the carapace,
           —     as the maximum width of the carapace mea-
                 sured perpendicular to the mid-line of the
                 carapace,
           —     as the maximum length of the last two seg-
                 ments of any of the pincer legs.
     (d) The size of spinous spider crabs shall be              3094/86
           measured, as shown in Annex IV, along the mid-
           line, from the edge of the carapace between the
           rostrums to the posterior edge of the carapace.
     (e) The size of a bivalve mollusc shall be measured
           as shown in Annex IV across the longest part of
           the shell.
     (f)   The size of a cephalopod shall be measured
           along the dorsal mid-line from the posterior tip
           of the mantle to the anterior border of the
           mantle, for squids and cuttle fishes, and to the
           level of the eyes for octopuses.
3.    Undersized fish, crustaceans and molluscs shall not be
retained on board or be transhipped, landed, transported,
stored, sold, displayed or offered for sale, but shall be dis-
carded immediately into the sea.
This provision, however, shall not apply to:
(a)  catches of protected species which have been taken         2024/88 - Art. 1 (2)
     within the limits specified in Article 2 (1), which have
      not been sorted from the authorized target species
      and which are not sold, displayed or offered for sale
      for human consumption;
                                              22
 ---pagebreak--- (b) the species referred to below, within a limit of 10 %      3094/86
      by weight of the total catches of these species:
      —     herring caught in any geographical area;
      —     mackerel caught in the North Sea;
      —     species listed in Annexes II and III caught in the
            Skagerrak or Kattegat;
(c)   horse mackerel (Trachums spp.), mackerel (Scomber        345/92 - Art. 1 (4)
      spp.) and anchovies (Engraulis encrasicholus) intended
      for use as live bait.
The percentage of undersized fish, crustaceans and mol-        3094/86
luscs shall be calculated in accordance with Article 2, para-
graphs 3 to 6.
4. It shall be prohibited to land tails or claws of lobsters
which have been detached from the body and which have
been caught in the regions or geographical areas referred
to in Annex III for which a minimum size is shown for
these species.
Only whole scallops (Pecten spp.) may be landed.               345/92 - A n . 1 (5)
5. Minimum sizes for species marked by an asterisk in          3094/86
Annexes II or III shall be adopted in accordance with the
procedure provided for in Article 18.
                            TITLE HI
                      Prohibition of fishing
                             Article 6
                      Salmon and sea trout
 1. Salmon and sea trout may not be retained on board
 or be transhipped, landed, transported, stored, sold, dis-
 played or offered for sale, but shall be returned immedi-
 ately to the sea when taken:
 (a) within the waters situated outside the 12-mile limit
       measured from Member States' baselines, in regions
       1, 2, 3 and 4;
 (b) by way of derogation from Article 1 (1), outside the
       waters under the sovereignty or jurisdiction of the
       Member States, in regions 1, 2, 3 and 4;
 (c) when fishing with a trawL Danish seine or similar
       towed net, with mesh sizes smaller than 70 mm.
 2. In the Skagerrak and Kattegat, fishing for salmon and
 sea trout shall be forbidden outside a four-mile limit
 measured from the baselines.
                                              23
 ---pagebreak---                            Article 7                         3094/86
                           Herring
1. Fishing for herring shall be prohibited each year from
15 August to 30 September in a geographical area
bounded by a line joining the following points:
—     the Butt of Lewis,
—     Cape Wrath,
—     latitude 58*55^, longitude 05*00VW,
—     latitude 58*5574, longitude 07*10^,
—     latitude 58*20^, longitude 08* 2 0 ^ ,
—     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).
2j, It shall be prohibited to have on board a quantity of    1796/94 - Art. 1 (1) (i)
herring which exceeds 5 %, of the total weight of fish,
crustaceans and molluscs on board which have been caught
in that area during the period specified in paragraph 1.
The percentage shall be calculated in accordance with Ar-
ticle 2, paragraphs 3 to 6.
3. Fishing for herring shali be prohibited from 1 July to    1796/94 - Art. 1 (1) (ii)
31 October within the area bounded by the following
coordinates:
—      the west coast of Denmark at latitude 55°30'N,
—      latitude 55*30'N, longitude 07'00'E,
—      latitude 57*00'N, longitude 07'00'E,
—      the west coast of Denmark at latitude 57*00'N.
                                             24
 ---pagebreak--- 4. Fishing for herring shall be prohibited in the zone ex-   1796/94 - An. 1 (l)(ii)
tending from six to twelve miles off the east coast of the
United Kingdom as measured from the baselines between
latitudes 54*10VN and 54*45'N for the period 15 August to
30 September and between latitudes 55*30'N and 55*45'N
for the period 15 August to 15 September.
5. Fishing for herring shall be prohibited throughout the
year in the Irish Sea (ICES Division VII a) in the mari-
time area between the west coasts of Scodand, England
and Wales and a line drawn twelve miles from the base-
lines 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 (Scodand) and the Point of Ayre (Isle of
Man).
6. Fishing for herring shall be prohibited from 21 Sep-
tember to 31 December in the parts of the Irish Sea
(ICES Division VII a) bounded by the following coordi-
nates:
(a) —      the east coast of the Isle of Man at latitude
           54'20'N,
      —    latitude 54'20'N, longitude 3"WW,
      —    latitude 53*50^, longitude 3'50VW,
      —    latitude 53*50'N, longitude 4'50'W,
      —    the south-west coast of the Isle of Man at longi-
           tude 4*50'W;
(b) —      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.
 Fishing for herring shall be prohibited throughout all the
year in 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 * 5 9 ^ , to Laggantalluch Head,
 situated at latitude 54*41'N and longitude 4*58'W.
 7. Notwithstanding paragraph 6, vessels with a length
 not exceeding 12,2 metres based in ports situated on the
 east coast of Ireland and Northern Ireland between lati-
 tudes 53*00'N and 55'00'N may fish for herring in the
 prohibited area described m paragraph 6 (b). The only
 method of fishing authorized shall be drift netting with
 nets of a minimum mesh size of 54 mm.
                                            25
 ---pagebreak--- 8. Fishing for herring shall be prohibited in the maritime  1796/94 - Art. 1(1) (ii)
area situated to the north-east of a line drawn between
Mull of Kintyre and Corsewall Point from 1 January to 30
April.
9. The areas and periods described in this Article may
be altered in accordance with the procedure laid down in
Article 18.
                           Article 8                                                         Article 7a
                            Sprats
1. Trawling for sprat using a mesh size less than 32 mm     345/92 - An. 1 (6)
shall be prohibited all year round in the Skaggerak and
Kattegat.
2.    Fishing for sprat shall be prohibited:
(a) from 1 July to 31 October in an area bounded by the
      following points:
     —      the west coast of Denmark at 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 57'00'N;
(b) in ICES statistical area 39E8, from 1 January to 31
      March and from 1 October to 31 December. For the
      purpose of this Regulation, this ICES area shall be
      that bounded by a line due east from the United
      Kingdom east coast along latitude 55*00/N to a point
      at longitude l'OO'W, from there due north to a point
      at latitude 55*30^ and from there due west to the
      United Kingdom coast;
(c)   in the inner waters of the Moray Firth west of longi-
      tude 3'30'W and in the inner waters of the Firth of
      Forth west of longitude 3*00/W, from 1 January to 31
      March and from 1 October to 31 December.
                           Article 9                                                           Article g
                           Mackerel
 1. It shall be probihited to retain on board mackerel      Corrigendum (OJ No L 8,11.1.1989, p. 22)
which are caught within the geographical area bounded by
the following coordinates:
—     a point on the south coast of England at longitude
      02*00'W,
 —    latitude 49*30'N, longitude 02'OCTvV,
                                             26
 ---pagebreak--- —     latitude 49'30'N, longitude 07 W W ,                     Corrigendum (OJ No L 8, 11. 1. 1989, p. 22)
—     latitude 52*00^, longitude 07*00'W,
—     a point on the west coast of Wales at latitude
      52*00'N,
unless the weight of the mackerel does not exceed 15 % by      3287/88-Art. 1(1)
weight of the total quantities of mackerel and other species
on board which have been caught within this area.
2.    Paragraph 1 shall not apply:                             3094/86
(a)   to vessels fishing with gill nets 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, calculated as a
      percentage of the total weight of all the species on
      board:
      —     of Norway lobster when these vessels are using
            nets the mesh size of which is set for the geo-
            graphical regions or zones concerned in Annex I,
      —     of Norway lobster and species listed in Annex II
            when these vessels are using nets the mesh size
            of which is set for these species and for the geo-
            graphical regions or areas concerned in Annex I;
(c)   to vessels in transit through this area, provided that
      all fishing gear is stowed in accordance with the
      conditions set out in Article 2 (7);
(d) to vessels which are not equipped for fishing and to
      which mackerel are being transhipped.
3. All mackerel which are on board shall be deemed to
have been caught within the area provided for by para-
graph 1, except those which have been declared to be on
board before the vessel enters that area, under the pro-
cedure described in the following subparagraphs.
The skipper of a vessel intending to enter that area in
order to fish, and holding mackerel on board, must notify
 the control authority of the Member State in whose zone
he intends to fish of his estimated time and place of arrival
 in this area no more than 36 hours and no less than 24
hours before the vessel enters that area.
                                              27
 ---pagebreak--- On entering the area, he must notify the competent con-        3094/86
trol authority of the quantities of mackerel which he has
on board and which are entered in the log-book. The
skipper may be required to submit his log-book and the
catches on board for verification at a time and place to be
determined by the competent control authority. The time
shall be no later than six hours after receipt by the control
authority of the message notifying the quantities of mack-
erel on board and the place shall be as near as possible to
the point of entry into the area.
The skipper of the fishing vessel who intends to enter the
area for the purpose of having mackerel transhipped to his
vessel must notify the control authority, of the Member
 State in whose zone transhipment will take place, or the
 intended time and place of transhipment no more than 36
 hours and no less than 24 hours before transhipment be-
 gins. Immediately on completion of transhipment, the
 skipper must inform the competent control authority of the
 quantities of mackerel which have been transhipped to that
 vessel.
 The competent control authorities are,
 —     for France:
       Mimer, telex: Paris 250823,
 —     for Ireland:
       Department of Marine, telex: Dublin 91798 MRNE,
 —     for the United Kingdom:
       Ministry of Agriculture, Fisheries and Food, telex:
       London 21274.
  Nothing in this paragraph shall be interpreted as meaning
  that a vessel flying the flag of, or registered in, a Member
  State which does not have a mackerel quota from the
  stock occurring in this area, or whose quota is exhausted,
  is authorized to hold mackerel on board, unless such
  mackerel is a by-catch, taken with catches of horse mack-
  erel or sardines, and the mackerel does not exceed 10 %
  of the total weight of mackerel, horse mackerel and sar-
  dines on board, except where the skipper can prove that
  the mackerel has been caught from another stock.
                                                28
 ---pagebreak---                             TITLE IV                          3094/86
  RESTRICTIONS ON CERTAIN TYPES OF FISHING
                            Article 10                                                   Anicle 9
   Restrictions on the use of certain types of vessels and
gear in fishing for certain species during certain periods
               and in certain geographical areas
1.    It shall be prohibited to use purse seines:
—     to fish for herring in ICES Divisions VII g) to k) and
      in the geographical area bounded:
      —     to the north by latitude 52*30'N,
      —     to the south by latitude 52 *N,
      —     to the west by the coast of Ireland,
      —     to the east by the coast of the United Kingdom,
—     to fish for the species listed in Annex II for the rel-
      evant region or geographical area.
When fishing with purse seines, it shall be prohibited to
have on board:
—     a quantity of the species listed in Annex II which ex-
      ceeds 5 % by weight of the total weight of fish, crus-
      taceans and molluscs on board, and
—     when fishing in the area described in the first indent
      of the first subparagraph, a quantity of herring which
      exceeds 5 % by weight of the total weight of fish,
      crustaceans and molluscs on board.
The percentages shall be calculated in accordance with Ar-
ticle 2, paragraphs 3 to 6.
2.    (a) It shall be prohibited for a vessel to have on      4 1 9 3 / 8 8 - A n . 1(1)
            board or to use beam trawls of which the aggre-
            gate 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.
      (b) The use of beam trawls shall be prohibited in
            the Kattegat.
3.    (a) Inside the area within 12 miles of the coasts of    3094/86
            France, north of latitude 51*00'N, Belgium, the
            Netherlands, Germany, and the west of Denmark
            as far as the Hirtshals Lighthouse, measured
            from the baselines from which the territorial
            waters are measured, no vessel exceeding eight
            metres length overall shall fish using any beam
            or otter trawl.
                                             29
 ---pagebreak---     For the period from 1 April to 30 September,       4193/88 - Art. 1 (2)
    the abovementioned area shall be extended to in-
    clude the geographical 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  T3(yE,
    —     latitude 54'00'N, longitude 7'30'E,
    —     latitude 54'00'N, longitude ô'OO'E,
    —     latitude 53°50'N, longitude ô'OO'E,
    —     latitude 53'50'N, longitude 5 ' 0 0 %
    —     latitude 53'30'N, longitude 5'0(ÏE,
    —     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.
(b) By way of derogation from paragraph 3 (a),         4193/88 - An. 1 (3)
    vessels whose names and technical charaaeristics
    are contained on a list which shall be drawn up
    in accordance with the procedure laid down in
    Article 18 are authorized to fish in the said area
     using beam trawls during those periods when
    fishing using beam trawls would otherwise be
    prohibited.
    Vessels which may appear on the list referred to   3094/86
    in the first subparagraph of this paragraph must
    comply with the following criteria:
    —     they entered into service before 1 January
          1987,
    —     except for vessels fishing for crustaceans,
          their engine power does not exceed 221 kW
          and, in the case of derated engines, did not
          exceed 300 kW before derating.
                                      30
 ---pagebreak---            A vessel on the list may be replaced by any ves-   3094/86
           sel whose engine is not derated, whose engine
           power does not exceed 221 kW, and whose length     Corrigendum (OJ No L 35, 6. 2.1987, p. 44)
           overall, as defined in paragraph 13, does not ex-
           ceed 24 metres.
           An engine of a vessel on the list may be re-
           placed provided that the replacement engine is
           not derated and that its power does not exceed
           221 kW.
     (c)   However, it shall be prohibited to use beam        4193/88 - Art. 1 (4)
           trawls of which the aggregate beam length,
           measured as the sum of the length of each beam,
           is greater than nine metres or can be extended     2220/89 - Art. 1
           to a length greater than nine metres except when   2220/89 - Art. 1
           operating with gear designed and used for catch-
           ing shrimps (Crangon spp.) or prawns (Pandalus
           montagui).
           However, vessels whose primary activity is fishing
           for shrimps (Crangon spp.) shall be permitted to
           use beams whose aggregate length, exceeds nine     2220/89 - Art. 1
           metres when fishing for sole, provided that they
           appear on a list to be drawn up annually.
      (d) Notwithstanding subparagraph (a), otter trawlers    3094/86
           whose engine power does not exceed 221 kW
           and, in the case of derated engines, did not ex-
           ceed 300 kW before derating, may fish in the
           area referred to in that point.
      (e)  Notwithstanding .subparagraph (a), vessels whose
           engine power exceeds 221 kW may fish in the
           area referred to in the said point using otter
           trawls, provided that catches of plaice and sole
           which exceed 5 % by weight of the total catch on
           board are discarded immediately into the sea.
           The percentage shall be calculated in accordance
           with Article 2 (3) to (6).
4.    Inside the area within 12 miles of the coasts of the
United Kingdom and Ireland, measured from the baselines
from which the territorial waters are measured, no vessel
shall fish using any beam trawl.
Vessels however in any of the following categories may fish
in the said area using beam trawls:
—     a vessel which entered into service before 1 January
      1987 and, except for vessels fishing for crustaceans,
     whose engine power does not exceed 221 kW and, in
      the case of derated engines, did not exceed 300 kW
      before derating,
                                            31
 ---pagebreak--- —     a vessel which entered into service after 31 December      3094/86
      1986 whose engine is not derated, whose engine
      power does not exceed 221 kW and whose length              Corrigendum (OJ No L 35, 6. 2.1987, p. 44)
      overall as defined in paragraph 13 does not exceed 24
      metres,
—     a vessel which had its engine replaced after 31 De-
      cember 1986 with an engine which is not derated and
      whose engine power does not exceed 221 kW.
However, it shall be prohibited to use beam trawls of            Corrigendum (OJ No L 35, 6. 2. 1987, p. 44)
which the aggregate beam length, measured as the sum of
the length of each beam, is greater than nine metres, ex-        2220/89 - Art. 1
cept when operating with gear designed and used for
catching shrimps (Crangon spp.) or prawns (Pandalus mon-
tagui).
5. Fishing vessels which do not satisfy the criteria per-        1173/95 - Art. 1
mitting them to be entered on the lists established pursu-
ant to paragraphs 3 and 4 shall be forbidden to engage in
the fishing activities referred to in those paragraphs.
6. Detailed rules for the implementation of paragraphs 3         3094/86
and 4, including rules for the establishment of the lists re-
ferred to in paragraph 3, shall be drawn up under the pro-
cedure laid down in Article 18.
7.    Engine power shall be defined as in Article 2 (8).
8. Date of entry into service shall be the date of the
first issue of an official safety certificate.
If an official safety certificate is not issued, the date of
entry into service shall be tihe date of first entry in an offi-
cial register of fishing vessels.
 However, in the case of fishing vessels which entered ser-
vice before 14 October 1986, the date of entry into service
shall be the date of first entry in an official register of
fishing vessels.
9. It shall be prohibited to use trawls having a mesh size
of less than 32 mm from 1 July to 15 September in the
waters situated within three miles of the baselines in the
Skagerrak and Kattegat.
 However, in trawling within these waters and during this
 period:
—     for deep-water prawn (Pandalus borealis), nets with a
      minimum mesh size of 30 mm may be used,
—     for eelpout (Zoarces viviparus), goby (Gobiidae) or
      scorpion fish (Cottus spp.) to be used for bait, nets
      with any size of mesh may be used.
                                               32
 ---pagebreak--- 10. It shall be prohibited to fish for anchovy using pelagic   3094/86
trawls in ICES Division VIII c).
11. Within the zones referred to in this Article, where
trawls, beam trawls, Danish seines or similar towed nets
may not be used, it shall be prohibited to carry on board
such nets unless they are properly lashed and stowed in
accordance with Article 2 (7).
12. It shall be prohibited to use explosives, poisonous or
stupefying substances and guns for the purpose of fishing.
However, harpoon guns may be used to catch tuna and
basking shark.
It shall be prohibited to use electric current in the Skager-
rak and Kattegat to catch fish other than tuna and basking
shark.
13. The length of a vessel shall be the length overall, de-
fined as the distance in a straight line between the fore-
most point of the bow and the aftermost point of the
stern.
The bow is to be taken to include the watertight hull struc-
ture, forecastle, stern and forward bulwark, if fitted, but to
exclude bowsprits and safety rails.
The stern is to be taken to include the watertight hull
structure, transom, poop, trawl ramp and bulwark, but to
exclude safety rails, bumkins, propulsion machinery, rud-
ders and steering gear, and divers' ladders and platforms.
The length overall shall be measured in metres with an
 accuracy of two decimal places.
 14. The length of a beam trawl shall be measured be-          4193/88 - Art. 1 (6)
 tween its extremities including all attachments thereto.
 15. (a) From 1 September to 31 December, it shall be          345/92 - Art. 1 (7)
           prohibited to fish with any trawl, Danish seine or
           similar towed net in the geographical areas
           bounded by a line joining the following coordi-
           nates:
           —    the point on the north coast of Spain called
                Cabo Prior (latitude 43*34^, longitude
                 8'19'W),
           —    latitude 43'50'N, longitude 8'19'W,
           —    latitude 43'25'N, longitude 9 ' l ^ W ,
           —     the point on the west coast of Spain called
                 Cabo Villano (latitude 43*10'N, longitude
                 9°12'W).
                                             33
 ---pagebreak---       (b)  From 1 October to 31 December, it shall be pro-      3 4 5 / 9 2 - Art. 1 (7)
           hibited to fish with any trawl, Danish seine or
           similar towed net in the geographical areas
           bounded by a line joining the following coordi-
           nates:
           —    the point on the west coast of Spain called
                 Cabo Corrubedo (latitude 42*35'N, longi-
                 tude 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 lati-
                 tude 43'00'N.
      (c)  From 1 December to the last day of February in
           the ensuing year, it shall be prohibited to fish
           with any trawl, Danish seine or similar towed net
           in the geographical areas bounded by a line join-
           ing the following coordinates:
           —     a point on the west coast of Portugal at lati-
                 tude 37'50'N,
           —    latitude 37'50'N, longitude 9°03'\V,
           —     latitude 37'00'N, longitude 9°06'W,
           —     a point on the west coast of Portugal at lati-
                 tude 37°00'N.
16. It shall be prohibited for vessels using purse seines or
towed gear with a mesh size permitted exceptionally for
fishing mackerel, herring and horse mackerel, to carry au-
tomatic sorting equipment on board.
Notwithstanding the first subparagraph, 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 the catch resulting from the grading is immediate-
ly frozen for marketing and cannot easily be discarded into
the sea.
17. It shall be prohibited to undertake encirclements with      3034/92-Art. 1 (2)
purse seines on schools or groups of marine mammals
when aiming to catch tuna or other species of fish.
Notwithstanding Article 1 (1), this paragraph shall apply to
all vessels flying the flag of, or registered in, a Member
State in all waters under the sovereignty or jurisdiction of
the Member States as well as outside those waters.
                                             34
 ---pagebreak--- 18. Trawling and purse seining for mackerel, sprat and        1796/94 - Art. 1 (2)
herring shall be prohibited in the Skagerrak from Saturday
midnight to Sunday midm'ght and in the Kattegat from
Friday midnight to Sunday midnight.
19. Purse seines shall not be used for catching tropical      2251/95 - Art. 1 (1)
tuna (skipjack, bigeye and longfinned tuna) in waters
under the sovereignty or jurisdiction of Portugal in ICES
sub—area X north of Zd 2>(X N or in CECAF areas north
of 31 *N and east of 17*30' W
                          Article 11                                               Article 9a
             Restrictions in the use of driftnets
1. No vessel may keep on board, or use for fishing, one       345/92 - Art. 1 (8)
or more driftnets whose individual or total length is more
than 2,5 kilometres.
2. Throughout the fishing referred to in paragraph 1, the
net must, if it is longer than one kilometre, remain at-
tached to the vessel. However, within the 12-mile coastal
band, a vessel may detach itself from the net, provided it
keeps it under constant observation.
3. Notwithstanding Article 1 (1), this Article shall apply
in all waters, with the exception of the Baltic Sea, the
Belts and the Sound, under the sovereignty or jurisdiction
of the Member States and, outside those waters, to all fish-
ing vessels flying the flag of a Member State or registered
in a Member State.
                          Article 12                                               Article 9b
No vessel shall use driftnets for catching tuna in waters     2251/95 - Art. 1 (2)
under the sovereignty or jurisdiction of Spain or Portugal
in ICES sub—areas VIII, IX or X or, notwithstanding Ar-
ticle 1, in waters under the sovereignty or jurisdiction of
Spain in CECAF areas off the Canary Islands.
                           Article 13                                              .Article 10
                    Processing operations
It shall be prohibited to carry out on board a fishing vessel 3094/86
any physical or chemical processing of fish to produce fish-
meal, oil or similar products. This prohibition shall not
apply to the processing of offal.
                                            35
 ---pagebreak---                             Article 14                                3094/86              AnicleJJ.
                       Scientific research
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 subparagraph may be sold, stored, dis-
played or offered for sale, provided that:
— they meet the standards laid down in Annexes II and
III and the marketing standards adopted pursuant to Ar-
ticles 2 of Council Regulation (EEC) No 3759/92 of 17
December 1992 on the common organization of the mar-
ket in fishery and aquaculture products (l\ or
— they are sold directly for purposes other t han human
consumption.
                            Article 15
           Artificial restocking and transplantation
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            1555/88 - Art. 1 (2)
out in the first subparagraph may be sold for human con-
sumption only if the other provisions of this Regulation
are complied with.
                             TITLE VI
                      FINAL PROVISIONS
                             Article 16
 1. Where the conservation offish, crustacean or mollusc              3094/86              Article 13
 stocks 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 pro-
 cedure referred to in Article 18.
 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.
  (1)  OJ No L 388. 31. 12. 1992. p. 1. Regulation as last amended by
       Regulation (EC) No 3318/94 (OJ No L 350. 31. 12. 1994, p. 15).
                                                   36
 ---pagebreak--- 3. The measures referred to in paragraph 2, together           3094/86
with an explanatory memorandum, shall be communicated
to the Commission and the other Member States as soon
as they are adopted.
4. Within 10 working days of receipt of such notification,     345/92 - Art. 1 (9)
the Commission shall confirm the measures referred to in
paragraph 2 or require their cancellation or amendment.
The Commission's decision shall be immediately notified to
the Member States.
5. Member States may refer the Commission's decision
to the Council within 10 working days of receiving the         345/92 - Art. 1 (9)
notification referred to in paragraph 4.
6. The Council, acting by a qualified majority, may
adopt a different decision within one month.
                            Article 17                                             Article 14
1. Member States may take measures for the conserva-
tion and management of stocks:
(a) in the case of strictly local stocks which are of interest
      solely to the fishermen of the Member State con-
      cerned, or
(b) in the form of conditions or detailed arrangements
      designed to limit catches by technical measures:
      (i)   supplementing those laid down in the Commun-
            ity 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 Com-
munity law, and are in conformity with the common fish-
eries 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 provi-
sions of paragraph 1.
Where the Commission finds, by a decision which it shall
notify 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 with-
out 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.
                                             37
 ---pagebreak--- 3. Member States shall provide the Commission, on re-         3094/86
quest, 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 re-
quest 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 deci-
sion taken in accordance with the procedure laid down in
Article 18. Should such a decision be taken, the third and
fourth subparagraphs of paragraph 2 shall apply mutatis
mutandis.
5. Measures relating to fishing from the shore shall be
communicated by the Member State concerned to the
Commission for information purposes only.
                          Article 18                                  Article 15
Detailed rules for the implementation of this Regulation
shall be adopted in accordance with the procedure laid
down in Article 18 of Regulation (EEC) 3760/92.
                          Article 19
Regulation (EEC) No 3094/86 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 correladon table set out in Part A of
Annex VII.
                          Article 20
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European Commu-
nales.
However, the provisions of Article 2 (10) and of Annexes
V and VI shall enter into force on 30 December 1997.
This Regulation shall be binding in its entirety and directly
 applicable in all Member States.
 Done at Brussels
                                          For the Council
                                           The President
                                             38
 ---pagebreak---                                                      ANNEX I                                              345/92 -
                                                                                                          Art. 1 (10)
                                              Mini-
                                                                           Minimum
                                              mum                                      Maximum percen-
         Geographical     Additional condi-             Authorized tar-   percentage
Region                                        mesh                                      tage of protected
              area              tions                      get species     of target
                                               size                                          species
                                                                            species
                                              (mm)
1 and 2 Entire region                          100     All                                     100
                                            diamond
                                                (l)
        North        Sea,                     80 (2)   Sole                     5              100
        south of latitude                              (Solea vulguris)                of which not more
        55 °N                                                                            than 10 % cod,
                                                                                      haddock and saithe
        West of Scot-                           80     All                                     100
        land and Roc-
        kall (ICES sub-
        area VI) <3)
        ICES    sub-area                        80     All                                     100
        VII
        Entire region                           70     Norway lobster          30               60
                                                       (Nephrops norve-
                                                       gicus)
        ICES sub-areas            (9)        90 0°)    Whiting               70 (ID   100 of which not    1909/95 Art. 1
        IL IV, V and VI                                (Merlangius                    more than 10 %
        north of latitude                              merlangus)                     cod, haddock and
        56°N                                                                          saithe and not more
                                                                                      than 10 % of plaice
        Entire     region
        except Skager-
        rak and Katte-
        gat
                                                32     Mackerel
                                                       (Scomber scrom-
                                                       brus)
                                                                         501
                                                                                     1
                                                       Horse mackerel    50
                                                       (Trachums tra-
                                                       chums)
                                                       Herring           50
                                                       (Cuplea haren-          or 80
                                                       gus)                  > cumu-            10
                                                                                     /
                                                       Pelagic cephalo-  .     lated
                                                       pods
                                                       Pilchards         50
                                                       (Sardina pilchar-
                                                       dus)
                                                       Blue whiting (4)  50
                                                       (Micro mesistius
                                                       poutassou)           I        !
        Entire     region                       35     Prawns                   30              50
        except Skager-                                 (Pandalus spp.
        rak and Katte-                                 excluding Panda-
        gat                                            lus montagui)
                                                          39
 ---pagebreak---                                                                                                      345/92 -
                                              Mini-                                                  Art. 1(10)
                                                                         Minimum    Maximum percen-
          Geographical                        mum     Authorized tar-
                           Additional condi-                             percentage
 Region                                       mesh                                  tage of proteaed
               area              tions                  get species       of target
                                               size                                      species
                                                                           species
                                              (mm)
1 and 2  Skagerrak     and                      32  Herring                   50            10
(cont'd) Kattegat                                   (Clupea haren-
                                                    gus)
                                                    Sprat
                                                    (Sprultus sprat-
                                                    tus)
         Entire region                          30  Argentines               50             10
                                                    (Argentina spp.)
         Entire     region                      20  Prawns/shrimps           30            50
         except Skager-                             (Pandalus monta-
         rak and Katte-                             gui and Crangon
         gat                                        spp.)
         Entire     region                      16  Sprat                     50            10
         except Skager-                             (Sprattus sprat-
         rak and Katte-                             tus)
         gat
         Entire region                          16  Eels                      20            10
                                                    (Anguilla anguil-
                                                    la)
         Skagerrak and                          35  Shrimps/prawns            20           50
         Kattegat outsi-                            (Crangon spp.
         de four miles                              and Palaemon
         from the baseli-                           adspersus)
         nes
         Skagerrak and                          16  Shrimps/prawns            20           50
         Kattegat within                            (Crangon spp.
         four miles of the                          and Palaemon
         baselines                                  adspersus)
                                                16  Greater weever
                                                    (Trachinus draco)
                                                    Molluscs except
                                                    cuttlefish
                                                     (Sepia officinalis)
                                                     Garfish                  50            10
                                                     (Belone belone)
                                                     Grey gurnard
                                                     (Eutrigla gurnar-
                                                    dus)
         Skagerrak     and                       16  Blue whiting             50            10
         Kattegat                                    (Micromesistius
                                                    poutassou)
         Skagerrak         From 1 Novem-         16  Sand-eels                50            10
                           ber to last day of        (Ammodytidae)
                           February
                                                       40
 ---pagebreak---                                                                                                     345/92 -
                                               Mini-                                                Art. 1 (10)
                                                                       Minimum    Maximum percen-
           Geographical                        mum     Authorized tar-
                            Additional condi-                          percentage
 Region                                        mesh                               tage of protected
                area              tions                   get species   of target
                                                size                                    species
                                                                         species
                                               (mm)
1 and 2   Kattegat          From 1 August to     16  Sand-eels             50              10
 (cont'd)                   last day of Fe-          (Ammodytidae)
                            bruary
                            From 1 March to          Sand-eels             50              10
                            31 July                  (Ammodytidae)
          Entire    region                       16  Norway pout           50      15. of which not 1796/94 -
          except    fishing                          (Trisopterus es-             more than 5 % of  Art. 1 (3)
          sector for Nor-                            markii)                      cod and haddock
          way pout (^0
          North Sea         From 1 Novem-        16  Sand-eels             50              10
                            ber to last day of       (Ammodytidae)
                            February
                            From 1 March to          Sand-eels             50              10
                            31 October               (Ammodytidae)
          Entire    region                           Sand-eels             50              10
          except     North                           (Ammodytidae)
          Sea and Skager-
          rak and Katte-
          gat
          Skagerrak    and                       90  All                                  100
          Kattegat
                                                 70  Whiting               50             30
                                                     (Merlangius mer-               except whiting
                                                     langus)
                                                 35  Prawns                20             50
                                                     (Pandalus bore a-
                                                     lis)
                                                 32  Mackerel              50             10
                                                     (Scomber scrom-
                                                     brus)
                                                     Horse mackerel
                                                     (Trachums tra-
                                                     chums)
                                                        41
 ---pagebreak---                                                                                                     345/92 -
                                           Mini-                                                    Art. 1 ( 10)
                                           mum                        Minimum      Maximum percen-
        Geographical     Additional condi-        Authorized tar-     percentage
Region                                     mesh                                    tage of proteaed
             area               tions                get species       of target
                                            size                                        species
                                           (mm)                         species
  3    Entire region                         65  All                                      100
                                             40   Mackerel           50 \
                                                 (Scomber spp.)
                                                 Blue Whiting        50 I
                                                 (Micromesistius
                                                 poutassou)
                                                 Herring             50 \        I        10
                                                 (Chipea haren-          > or 80
                                                 gus)                   [ cumu-
                                                                        \ lative
                                                 Pelagic cephalo-    50 1
                                                 pods
                                                 Horse mackerel      50/
                                                 (Trachums spp.)
                         Seleaive trawls   65<6> Norway lobster          30 (7>           60
                                               6
                                           50< > (Nephrops norve-
                                                 gicus)
                         Non-seleaive        55  Norway lobster          30 C)            60
                         trawls                  (Nephrops norvé-
                                                 giens)
                                             55  Shrimps                  30              50
                                                 (Parapenaeus
                                                 longirostris, Aris-
                                                 teus aniennatus
                                                 and Aristaeomor-
                                                 pha foliacea)
       Gulf of Cadiz 0s)                     40  All species ex-          50              10
                                                 cept those listed
                                                 in Annex II for
                                                 Region 3
       Entire region                         20  Pilchards
                                                 (Sardina pilchar-
                                                 dus)
                                                 Eels                     50              10
                                                 (Anguilla anguil-
                                                 la)
                         Within 12 miles     20  Shrimps                  30              50
                         of the Member           (Crangon spp.
                         States' baselines       and Palaemon
                                                 spp.)
                                             16  Sprat
                                                 (Sprattus sprat-
                                                 tus)                     50              10
                                                 Anchovies
                                                 (Engraulis encra-
                                                 sicholus)
                                                 Sand-eels
                                                 (Ammodytidae)
  4    Entire region
                                                    42
 ---pagebreak---                                                                                                                                    345/92 -
                                                          Mini-                                                                    Art. 1 (10)
                                                           mum                                Minimum
                                                                                                             Maximum percen-
                Geographical      Additional condi-                    Authorized tar-       percentage
Region                                                     mesh                                              tage of proteaed
                     area                tions                            get species          of target
                                                            size                                                    species
                                                                                                species
                                                          (mm)
     5         Entire region                                 65      'All                                             100
                                                             40       Mackerel                     80                  10
                                                                      (Scomber spp.)
                                                                      and Horse Mac-
                                                                      kerel
                                                                      (Trachums spp.)
                                                             20       Bogue                        50                  10
                                                                      (Boops boops)
                                                                      Pilchards
                                                                      (Sardina pilchar-
                                                                      dus)
     6         Entire region                                100       All                                             100
                                                             45       Shrimps                      30                 50
                                                                      (Penaeus subtilis,
                                                                      Penaeus brasi-
                                                                      liensis, Xiphope-
                                                                      naeus kroyeri)
     7         Entire region
     8         Entire region
(1)    The upper half of the trawl cod-end may comprise a section (panel or window) of square mesh netting with a mesh size
       equal to or greater than 90 mm attached to the selvedges and joinings.
(2)    It is forbidden to cany on board any trawl or netting with a mesh size smaller than that of the net being used for fishing.
(3)    South of a line running west from the east coast of the Sound of Jura at latitude 56*00^.
(•*)   Blue whiting is not an authorized target species in the area bounded to the North by latitude 52'30'N and to the east by
       longitude 7'00'W.
(5)    The fishing sector for Norway pout is understood as that part of the North Sea within the sovereignty or jurisdiction of
       a Member State and bounded to the south by a line starting from a point at 56*N on the east coast of Scotland 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 Shedand Isles, then west from 60* N on the west coast of the Shedands
       to 3"W, south to 58*30^ and finally west to the coast of Scotland.
(M     Selective trawls must comprise top cod-end with a minimum mesh size of 65 mm and a bottom cod-end with a minimum
       mesh size of 50 mm, separated by a horizontal panel of netting.
(7)    25 % between 1 January and 31 March.
(8)    The Gulf of Cadiz is defined as the area within ICES division EX a east of a line drawn due south from a point at longitude
       7 * 5 2 ^ on the south coast of Portugal.
(9J
       All captures will be considered as realized with the netting of the smallest mesh size found on board. The distribution of   2120/92
       the species caught and held on board, after sorting, OT during their transfer of their landing, must respect the provisions  Art. 1
       applying to the relevant minimum mesh size. For vessels working jointly to hoist a net, the catch composition on board each
       of these vessels shall conform to the netting of the vessel for which the mesh size is the smallest.
(10) it is forbidden to carry on board any trawl or netting with a mesh size smaller than 90 mm.
( u ) The percentage of whiting is calculated according to the cumulated catches of: whiting + haddock + saithe + cod.
                                                                         43
 ---pagebreak---                                        ANNEX II                                                       3094/86
                Minimum size of protected species as referred to in Ar-
                                ticle 2 (1) and Article 5
                                                                                              (in cm)
                                                               Region 2
                                           Region      except                   Region Region Region
                Species                                              Skagerrak
                                              1      Skagerrak                            4       5
                                                                     and Katte-
                                                     and Katte-         gat
                                                         gat
Sturgeon (Acipenser sturio)                                                      145     C)
Shad (Alosa spp.)                                         30                      30     C)      C)
Salmon (Salmo salar)                                      C)             r>       50     (')
Sea Trout (Salmo trutta)                                  (*)            (•>      25     I")
Eel (Anguilla anguilla)                                   n              C)       n
Conger eel (Conger conger)                                58                      58             (')
Cod (Gadus morhua)                           35           35             30       35
Ling (Molva molva)                                        n                       63     C)      r>
Blue ling (Molva dypterygia)                              70                      70
Haddock (Melanogrammus aeglefinus)           30           30             27       30
Saithe (Pollachius virens)                   35           35             30       35
Pollack (Pollachius pollachius)                           30                      30
Whiting (Merlangius merlangus)               27           23.            23       23.    (')          345/92 -
                                                                                                      Art. 1 (11)
Hake (Merluccius merluccius)                 30           30             30       27     C)      c)
Grey mullet (Mugil spp. )                                 20                      20     (*)     et
Bass (Dicentrarchus labrax)                               36                      36     r>      c)    4056/89
                                                                                                       Art. 1 (3)
Red seabream (Pagellus bogaraveo)                         25                      25     i*)     n     3094/86
Black seabream (Spondyliosoma cantha-                     23                      23
rus)
Gilthead seabream (Spams aurata)                                                  19
Red mullet (Mullus surmuletus)                            15                      15     c)      c)
Plaice (Pleuronectes platessa)               25         25 (1)           27       25     o       o
Witch flounder (Glyptocephalus cyno-         28           28             28       28
glossus)
Dab (Limanda limanda)                        15         15 (2)           23       23     c)
Lemon sole (Microstomas kitt)                25           25             25       25     (*)
Flounder (Platichthys flesus)                             25             20       25     c)
Sole (Solea vulgaris)                        24           24             24       24     n       o     2024/88 -
                                                                                                       Art. 1 (3)
                                                            44
 ---pagebreak---                                                                                                  (in cm)  3094/86
                                                                  Region 2
                                                Region     except                  Region Region Region
                   Species                                              Skagerrak
                                                   1     Skagerrak                   3       4      5
                                                                        and Katte-
                                                        and Katte-
                                                                           gat
                                                             gat
Little Sole                                                                          15                   4056/89 -
(Dicologoglossa cuneata)                                                                                  Art. 1 (3)
Mergim                                            25         25             25       20     (")     n
(Lepidorhombus spp.)
                                                                                                          3094/86
Brill (Scolphthalmus rhombus)                     30         30             30       30     C)
Turbot (Psetta maxima)                            30         30             30       30     n       o
Monkfish (Lophius piscatorius. L bude-                       C)                      C)
                                                                                            n       n    Corrigendum
gassa)                                                                                                   (OJ No L 35,
                                                                                                         6. 2. 1987,
                                                                                                          p. 44)
Cuttlefish (Sepia spp.)                           (*)        O                       O      o       n
{1)
      Except in the North Sea where the minimum size shall be 27 cm.
(
  -'  Except in the North Sea where the minimum size shall be 23 cm.
!,)
      Size to be determined (see Ardcle 2 (1)).
                                                               45
 ---pagebreak---                                       ANNEX III                                        3094/86
                         Minimum size referred to in Article 5
        Species          Region          Geographical area           Minimum size
Herring                            ICES division    V b)    (EC         20 cm
(Clupea harengus)                  zone)
                                   Except Skagerrak and Katte-          20 cm
                                   gat
                                   Skagerrak and Kattegat               18 cm
                                                                        20 cm
Mackerel               1, 2, 3 and Except North Sea                     20 cm          345/92 - Art. 1 (12)
(Scomber spp.)               5
                                   North Sea                            30 cm
Mackerel (for indus-               Skagerrak and Kattegat only          30 cm          3094/86
trial purposes)
Pout                                                                      (")
(Trisopterus luscus)
Anchovy                            Except Division DC a)                12 cm          345/92 - Art. 1 (12)
(Engraidis encrasicho-
lus)
                                   Division DC a)                       10 cm
Sardine                                                                   C)           3094/86
(Sardina pilchardus)
Horse mackerel         1, 2, 3 and                                      15 cm          345/92 - Art. 1 (12)
(Trachums spp.)              5
Whole Norway lob-                  Skagerrak and Kattegat only  40 mm carapace length  2024/88 - Art. 1 (5)
ster                                                             130 mm overall length
(Nephrops norvegicus)
                                   Except West of Scotland and  25 mm carapace length
                                   Irish Sea (ICES divisions VI  85 mm overall length
                                   a) and VII a)) and Skager-
                                   rak and Kattegat
                                   West of Scotland and Irish   20 mm carapace length
                                   Sea (ICES divisions VI a)     70 mm overall length
                                   and VII a))
                                                                20 mm carapace length
                                                                 70 mm overall length
                                                        46
 ---pagebreak---                                                                                           3094/86
       Species             Region         Geographical area              Minimum size
Tails of Norway lob-               Skagerrak and Kattegat only              72 mm         2024/88 - Art. 1 (5)
ster
                                   Except West of Scotland and              46 mm
                                   Irish Sea (ICES divisions
                                   V i a ) and V i l a ) ) and Ska-
                                   gerrak and Kattegat
                                   West of Scotland and Irish               37 mm         Corrigendum (OJ No L 189,
                                   Sea (ICES divisions VI a)                              20. 7. 1988, p. 29) and
                                   and VII a))                                            Corrigendum (OJ No L 230,
                                                                                          19. 8. 1988, p. 47)
                                                                            37 mm
Lobster                            Except Skagerrak and Katte- 85 mm carapace length      3094/86
(Homarus gqmmarus)                 gat                              24 cm overall length
                                   Skagerrak and Kattegat only      78 mm carapace length
                                                                    22 cm  overall length
Spinous spider crab                                                        120 mm
(Maia squinado)
                                                                           120 mm
Edile crab                                                          width
(Cancer pagurus)                                                    length
                                                                    claw
                                                                    width
                                                                    length
                                                                    claw
Scallop                    2 and 3 Except ICES Division VII d)             100 mm         345/92 - Art. 1 (12)
(Pecten maximus]
                                   ICES Division VII d)                    110 mm
Clam                               ICES divisions VII d) and                40 mm         3094/86
(Venus verrucosa)                  VII e) only
Squid                                                                         (*)
(Loligo vulgaris)
("' Size to be determined.
                                                            47
 ---pagebreak---                           ANNEX TV                                     3094/86
    Method for determining the size of crustaceans and mol-
                             luscs
(Homarus)                                                (Nephrops)
  Lobster                                               Norway lobster
                      (a) Carapace length
                      (b) Overall length
                 (Venus verrucosa)
                       Clam
         (a) Maximum length of the shell
                                             48
 ---pagebreak---                                                   >094/86
                                              (b)
    1°.*.» *»t V     «^ > V^~ ^
                                     l-Js^=^S
<**&,                                             Corrigendum (OJ No
                 (Mo/g squinado)                  L 35, 6. 2. 1987, p. 44)
                Spinous spider crab
            (a) Maximum width of carapace
            (b) Length of carapace
            (c) Length of claw
                                  49
 ---pagebreak---                                                           ANNEX V                                             3071/S 5 Art. 1 (2)
                                                        Regions 1 and 2
                Species/mesh                  10-30 mm    50-70mm       90-99 mm       100-119 mm      120-219mm       >220 mm
Pilchard (Sardina pilchardus)                                  *             *
Eel (Anguilla anguilla)                           *                          *                              *
Sprat (Sprattus sprattus)                         *                                          *                              «
Horse mackerel (Trachums trachums)                                           *
Herring (Clupea harengus)                                                                                                   *
Mackerel (Scomber scombrus)                                                                                 -
Red mullets (Mullidae)                                         *                             *
Garfish (belone spp.)                                          *             *
Bass (Dicentrarchus labrax)                                                  *               *                             *
Grey mullets (Mugilidae)                                                                     *              :
Dab (Limanda limanda)
Haddock (Melanogrammus aeglefinus)
Whiting (Merlangius merlangus) (2)
Flounder (Platichthys flesus)                                                               *
Sole (Solea vulgaris)
Plaice (Pleuronectes platessa)                                                                              *              *
Cuttlefish (Sepia spp.)
Cod (Gadus morrhua)
Pollack (Pollachius pollachius) (3)
Ling (Molva molva)
Saithe (Pollachius virens)
Hake (Merluccius merluccius) (3)
Spurdog (Squalus acanthias)                                                                                 *
Spotted dogfish (Scyliorhinus spp.)                                                                                        *
Megrim (Lepidorhombus spp.)
Lumpfish (Cyclopterus lumpus)
Others                                                                                                                    •o
(0 Catches of anglerfish (Lophius spp.) taken from ICES divisions VI and VII and retained on board in excess of 30 % of the total
    catch on board from those areas must be taken with a minimum mesh size of 250 mm or greater.
(2) In ICES divisions Vile and Vlld, for a period of two years following the entry into force of this Regulation, the minimum size
    will be 90 mm.
(3) In ICES divisions Vile and Vlld, for a period of two years following the entry into force of this Regulau'on, the minimum size
    will be 110 mm.
                                                               50
 ---pagebreak---                                                             ANNEX      VI                                   3071/9 5 Art. 1 (2)
                                                              Region 3
               Species/mesh size                  < 40 mm   40-49mm        50-59 mm   60-79 mm        80-99 mm        >100mm
Pilchard (Sardina        pilchardus)                 *           *                         *
Prawns (Palaemon spp.)
                                                                 *             *                          *
Rainbow wrasse (Coris Julis)
                                                     *           *             *           *              *               *
Bogue (Boops        boops)
                                                     •           *             *                                          *
Shrimps (Penaeus spp.)
                                                                 *             *           *
Mantis shrimp (Squilla            mantis)
Red mullets        (Mullidae)                                                                             *
Wedge sole (Dkologoglossa               cuneata)
                                                                 *             *                          *               *
Wrasses      (Labridae)                                          *                         *              *               *
H o r s e mackerel (Trachums            trachums)
Mackerel (Scomber            scombrus)                                                     *
Pout (Trisopterus      luscus)                                                 *
Cuttlefish (Sepia spp.)                                                                                                   *
Gurnards      (Triglidae)                                                                                  *
Sea breams        (Sparidae)                                                                               *              *
Rockfish       (Scorpaenidae)                                                              *               *              *
Eyed sole (Microchirus            acevia)                                                                                 *
Short-finned squid            (Ommatostrephidae)                                                                          *
Conger (Conger        conger)                                                              *
Forkbeards (Phycis spp.)                                                                   *               *
Brill (Scophtalm'is        rhombus)
Weavers       (Trachinidae)                                                                *               *              *
Picarels      (Centracanthidae)                                                            *               *              *
Bass (Dicentrarchus         labrax)                                                                        *              +
Whiting (Merlangius            merlangus)                                                                  *
Turbot (Psetta       maxima)                                                                               *              *
Pollack (Pollachius         pollachius)                                                                                   *
Flounders        (Pleuronectidae)                                                                          *
Sole (Solea vulgaris)         (l)                                                                                         *
H a k e (Merluccius     merluccius)       (*)                                                                             *
Others ( ) 2                                                                                                              *
(0 In ICES divisions VIIIc and EX the minimum mesh size will be 80-99 mm. However, for a period of two years following the
     entry into force of this regulation, the minimum mesh size will be 60 mm.
(2) Catches of anglerfish (Lophius spp.) and retained on board in excess of 30 % of the total catch on board mu.st be taken with a
      minimum mesh size of 220 mm or greater.
                                                                  51
 ---pagebreak---                                     ANNEX VU
                                      Part A
                                CORRELATION TABLE
Regulation (EEC) 3094/86                   Present Regulation
Article 1                                  Article 1
Article 2(1)                               Article 2 (1)
Article 2 (2)                             Article 2 (2)
Article 2 (3)                              Article 2 (3)
Article 2 (4)                              Article 2 (4)
Article 2 (5)                             Article 2 (5)
Article 2 (6)                             Article 2 (6)
Article 2 (7)                              Article 2 (7)
Article 2 (10)                             Article 2 (8)
Article 2 (11)                             Article 2 (9)
Article 2 (12)                             Article 2 (10)
Article 3                                 Article 3
Article 4                                  Article 4
Article 5 (1)                             Article 5 (1)
Article 5 (2)                             Article 5 (2)
Article 5 (3) (a)                         Ardcle 5 (3) (a)
Article 5 (3) (b) first indent            Article 5 (3) (b) first indent
Article 5 (3) (b) second indent            Article 5 (3) (b) second indent
Article 5 (3) (b) third indent             Article 5 (3) (b) third indent
Article 5 (3) (b) fourth indent
Article 5 (3) (c)                          Article 5 (3) (c)
Article 5 (4)                              Article 5(4)
Article 5 (5)                              Article 5(5)
Article 6                                  Article 6
Article 7                                  Article 7
Article 7a                                 Article 8
Article 8                                  Article 9
Article 9 (1)                              Article 10(1)
Article 9 (2)                              Article 10(2)
Article 9 (3)                              Article 10(3)
Article 9 (4)                              Article 10(4)
Article 9 (4a)                             Article 10(5)
Article 9 (5)                              Article 10(6)
Article 9 (6)                              Article 10(7)
Article 9 (7)                             .Article 10(8)
Article 9 (8)                              Article 10(9)
Article 9 (9)                              Article 10 (10)
Article 9 (10)                             Article 10(11)
Article 9 (11)                             Article 10(12)
Article 9 (12)                             Article 10(13)
Article 9 (13)                             Article 10 (14)
Article 9 (15)                             Article 10(15)
Article 9 (16)                             Article 10 (16)
Article 9 (17)                             Article 10 (17)
Article 9 (18)                             Article 10 (18)
Article 9 (19)                             Article 10 (19)
                                        52
 ---pagebreak--- Regulation (EEC) 3094/86   Present Regulation
Article 9a (1)             Article 11 (1)
Article 9a (2)
Article 9a (3)             Article 11(2)
Article 9a (4)             Article 11(3)
Article 9b                 Article 12
Article 10                 Article 13
Article 11                 Article 14
Article 12                 Article 15
Article 13                 Article 16
Article 14(1)              Article 17(1)
Article 14(2)              Article 17(2)
Article 14(3)              Article 17(3)
Article 14(4)              Article 17(4)
Article 14(5)
Article 14(6)
Article 14(7)              Article 17 (5)
Article 15                 Article IS
                           Article 19
                           Article 20
ANNEX I                    ANNEX I
ANNEX I — footnote 1)      ANNEX I - footnote        (1)
ANNEX I — footnote 2)      ANNEX I - footnote        (2)
ANNEX I — footnote 3)      ANNEX I - footnote        (3)
ANNEX I — footnote 4)      ANNEX I - footnote        (4)
ANNEX I — footnote 5)      .ANNEX I - footnote       (5)
ANNEX I — footnote 6)      ANNEX I - footnote        (6)
ANNEX I - footnote 7)      ANNEX I - footnote        (7)
ANNEX I — footnote 8)
ANNEX I — footnote 9)      ANNEX I - footnote (8)
ANNEX I — footnote 10)
ANNEX I - footnote H )
ANNEX I — footnote 12)
ANNEX I — footnote 13)
ANNEX I — footnote 14)     ANNEX I - footnote (9)
ANNEX I — footnote 15)     ANNEX I - footnote (10)
ANNEX I — footnote 16)     ANNEX I - f o o t n o t e (11)
ANNEX II — footnote (1)
ANNEX II - footnote (2)
ANNEX II — footnote (3)
ANNEX II — footnote (4)
ANNEX II — footnote (5)
ANNEX II - footnote (6)    ANNEX     II - footnote (1)
ANNEX II — footnote (7)    ANNEX     II - footnote (2)
ANNEX II - footnote n      ANNEX     II - footnote (*)
ANNEX III                  ANNEX     IU
ANNEX IV                   ANNEX     IV
ANNEX VI                   ANNEX     V
ANNEX VII                  ANNEX     VI
ANNEX V                    ANNEX     VII
                         53
 ---pagebreak---                                             Part B
                Regulations amending the repealed Regulation (EEC) No 3094/86
                                                                             Official Journal
                                                                       No        page           date
Regulation (EEC) No 4026/86                                          L376           1      31. 12.1986
Regulation (EEC) No 2968/87                                          L280           1       3. 10.1987
Regulation (EEC) No 3953/87                                          L371           9      30. 12. 1987
Regulation (EEC) No 1555/88                                          L140           1        7. 6. 1988
Regulation (EEC) No 2024/88                                          L179           1        9. 7.1988
Regulation (EEC) No 3237/88                                          L292           5      26. 10. 1988
Regulation (EEC) No 4193/88                                          L369           1      31.12.1988
Regulation (EEC) No 2220/89                                          L211          6        22. 7.1989
Regulation (EEC) No 4056/89                                          L389         75       30. 12.1989
Regulation (EEC) No 3500/91                                          L331          2        3. 111991
Regulation (EEC) No 345/92                                            L42          15       18.2.1992
Regulation (EEC) No 1465/92                                          L155           1        6. 6.1992
Regulation (EEC) No 2120/92                                          L213          3        29. 7.1992
Regulation (EEC) No 3034/92                                          L307          1       23.10.1992
Regulation (EEC) No 3919/92                                          L397           1      31.12.1992
Regulation (EC) No 1796/94                                           L187          1        22. 7.1994
Regulation (EC) No 1173/95                                           L118         15        25. 5.1995
Regulation (EC) No 1909/95                                           L184          1         3. 8.1995
Regulation (EC) No 2251/95                                           L230         11        27. 9.1995
Regulation (EC) No 3071/95                                           L329         14       30. 12.1995
                                             54
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 317 final
                                             DOCUMENTS
EN                                                                           03
                                    Catalogue number : CB-CO-96-324-EN-C
                                                             ISBN 92-78-05941-2
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                              55