Article 1 
This Regulation fixes for 1999, for certain fish stocks and groups of fish stocks, total allowable catches (TACs) per stock or group of stocks, the share of these catches available to the Community, the allocation of that share among Member States and the specific conditions under which these stocks may be fished (9). For the purposes of this Regulation, the Skaggerak, the Kattegat and the North Sea shall be taken as defined in Article 1(4) and (5) of Regulation (EC) No 894/97. Article 2 TACs for stocks or groups of stocks to which Community rules apply and the share of these catches available to the Community are hereby fixed for 1999 as set out in Annex I. Article 3 TACs for by-catches of herring taken in certain fisheries are hereby fixed for 1999 as set out in Annex II. Article 4 The allocation among the Member States of the share available to the Community of the TACs mentioned in Article 2 is fixed for 1999, in the form of fish quotas, in Annex I. This allocation shall be without prejudice to: - exchanges made pursuant to Article 9(1) of Regulation (EEC) No 3760/92, - reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (10), - additional landings allowed under the stipulations of Article 3 of Regulation (EC) No 847/96, - quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96, - deductions made pursuant to Article 5 of Regulation (EC) No 847/96. Article 5 The stocks which are subject to a precautionary or to an analytical TAC, the stocks to which Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which Article 5(2) of the same Regulation shall apply, are fixed for 1999 in Annex III. Article 6 1. It shall be prohibited to retain on board or to land catches from stocks for which TACs or quotas are fixed unless: (i) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or (ii) the share of the TAC available to the Community (Community share) has not been allocated by quota among Member States and the Community share has not been exhausted; or (iii) for all species other than herring and mackerel, they are mixed with other species and have been taken with nets whose mesh size is 32 millimetres or less in Regions 1 and 2 or 40 millimetres or less in Region 3 in accordance with Article 2(1) of Regulation (EC) No 894/97 and are not sorted either on board or on landing; or (iv) for herring, they fall within the conditions set out in Article 2 of Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption (11); or (v) for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed 10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not sorted; or (vi) they are caught during the course of scientific investigations carried out under Regulation (EC) No 894/97. All landings shall count against the quota, or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of (iii), (iv), (v) and (vi). 2. Notwithstanding paragraphs 1 and 2, when any of the catch limitations indicated in Annex II to this Regulation are exhausted, it shall be prohibited for vessels operating within the fisheries to which the relevant catch limitations apply to land catches which are unsorted and which contain herring. 3. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 2 of Regulation (EC) No 894/97. Article 7 As regards the herring stock of the North Sea and of the eastern English Channel, transfers of up to 50 % of the quotas may be effected from ICES Divisions IVc and VIId to ICES Division IVb. As regards the hake stock in zones IIa (EC zone) and IV (EC zone), Member States having a quota in this zone may, on exhaustion of this quota, make transfers from zones Vb (EC zone), VI, VII, XII and XIV and from zones VIIIa, b and d to zone IIa (EC zone) and IV (EC zone). However, such transfers must be notified in advance to the Commission. Article 8 Member States where there occur landings of herring unsorted from the remainder of the catch shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by-catches of herring. It shall be prohibited to land catches of fish containing unsorted herring in harbours where sampling programmes referred to in the first paragraph are not in place. Article 9 Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular: (i) special control and inspection programmes; (ii) effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorised vessels; (iii) control of transhipment and of practices which incur discarding; (iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur. Article 10 Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 8 and 9 of this Regulation. Article 11 The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 2 
TACs for stocks or groups of stocks to which Community rules apply and the share of these catches available to the Community are hereby fixed for 1999 as set out in Annex I. Article 3 TACs for by-catches of herring taken in certain fisheries are hereby fixed for 1999 as set out in Annex II. Article 4 The allocation among the Member States of the share available to the Community of the TACs mentioned in Article 2 is fixed for 1999, in the form of fish quotas, in Annex I. This allocation shall be without prejudice to: - exchanges made pursuant to Article 9(1) of Regulation (EEC) No 3760/92, - reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (10), - additional landings allowed under the stipulations of Article 3 of Regulation (EC) No 847/96, - quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96, - deductions made pursuant to Article 5 of Regulation (EC) No 847/96. Article 5 The stocks which are subject to a precautionary or to an analytical TAC, the stocks to which Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which Article 5(2) of the same Regulation shall apply, are fixed for 1999 in Annex III. Article 6 1. It shall be prohibited to retain on board or to land catches from stocks for which TACs or quotas are fixed unless: (i) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or (ii) the share of the TAC available to the Community (Community share) has not been allocated by quota among Member States and the Community share has not been exhausted; or (iii) for all species other than herring and mackerel, they are mixed with other species and have been taken with nets whose mesh size is 32 millimetres or less in Regions 1 and 2 or 40 millimetres or less in Region 3 in accordance with Article 2(1) of Regulation (EC) No 894/97 and are not sorted either on board or on landing; or (iv) for herring, they fall within the conditions set out in Article 2 of Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption (11); or (v) for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed 10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not sorted; or (vi) they are caught during the course of scientific investigations carried out under Regulation (EC) No 894/97. All landings shall count against the quota, or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of (iii), (iv), (v) and (vi). 2. Notwithstanding paragraphs 1 and 2, when any of the catch limitations indicated in Annex II to this Regulation are exhausted, it shall be prohibited for vessels operating within the fisheries to which the relevant catch limitations apply to land catches which are unsorted and which contain herring. 3. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 2 of Regulation (EC) No 894/97. Article 7 As regards the herring stock of the North Sea and of the eastern English Channel, transfers of up to 50 % of the quotas may be effected from ICES Divisions IVc and VIId to ICES Division IVb. As regards the hake stock in zones IIa (EC zone) and IV (EC zone), Member States having a quota in this zone may, on exhaustion of this quota, make transfers from zones Vb (EC zone), VI, VII, XII and XIV and from zones VIIIa, b and d to zone IIa (EC zone) and IV (EC zone). However, such transfers must be notified in advance to the Commission. Article 8 Member States where there occur landings of herring unsorted from the remainder of the catch shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by-catches of herring. It shall be prohibited to land catches of fish containing unsorted herring in harbours where sampling programmes referred to in the first paragraph are not in place. Article 9 Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular: (i) special control and inspection programmes; (ii) effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorised vessels; (iii) control of transhipment and of practices which incur discarding; (iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur. Article 10 Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 8 and 9 of this Regulation. Article 11 The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 3 
TACs for by-catches of herring taken in certain fisheries are hereby fixed for 1999 as set out in Annex II. Article 4 The allocation among the Member States of the share available to the Community of the TACs mentioned in Article 2 is fixed for 1999, in the form of fish quotas, in Annex I. This allocation shall be without prejudice to: - exchanges made pursuant to Article 9(1) of Regulation (EEC) No 3760/92, - reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (10), - additional landings allowed under the stipulations of Article 3 of Regulation (EC) No 847/96, - quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96, - deductions made pursuant to Article 5 of Regulation (EC) No 847/96. Article 5 The stocks which are subject to a precautionary or to an analytical TAC, the stocks to which Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which Article 5(2) of the same Regulation shall apply, are fixed for 1999 in Annex III. Article 6 1. It shall be prohibited to retain on board or to land catches from stocks for which TACs or quotas are fixed unless: (i) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or (ii) the share of the TAC available to the Community (Community share) has not been allocated by quota among Member States and the Community share has not been exhausted; or (iii) for all species other than herring and mackerel, they are mixed with other species and have been taken with nets whose mesh size is 32 millimetres or less in Regions 1 and 2 or 40 millimetres or less in Region 3 in accordance with Article 2(1) of Regulation (EC) No 894/97 and are not sorted either on board or on landing; or (iv) for herring, they fall within the conditions set out in Article 2 of Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption (11); or (v) for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed 10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not sorted; or (vi) they are caught during the course of scientific investigations carried out under Regulation (EC) No 894/97. All landings shall count against the quota, or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of (iii), (iv), (v) and (vi). 2. Notwithstanding paragraphs 1 and 2, when any of the catch limitations indicated in Annex II to this Regulation are exhausted, it shall be prohibited for vessels operating within the fisheries to which the relevant catch limitations apply to land catches which are unsorted and which contain herring. 3. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 2 of Regulation (EC) No 894/97. Article 7 As regards the herring stock of the North Sea and of the eastern English Channel, transfers of up to 50 % of the quotas may be effected from ICES Divisions IVc and VIId to ICES Division IVb. As regards the hake stock in zones IIa (EC zone) and IV (EC zone), Member States having a quota in this zone may, on exhaustion of this quota, make transfers from zones Vb (EC zone), VI, VII, XII and XIV and from zones VIIIa, b and d to zone IIa (EC zone) and IV (EC zone). However, such transfers must be notified in advance to the Commission. Article 8 Member States where there occur landings of herring unsorted from the remainder of the catch shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by-catches of herring. It shall be prohibited to land catches of fish containing unsorted herring in harbours where sampling programmes referred to in the first paragraph are not in place. Article 9 Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular: (i) special control and inspection programmes; (ii) effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorised vessels; (iii) control of transhipment and of practices which incur discarding; (iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur. Article 10 Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 8 and 9 of this Regulation. Article 11 The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 4 
The allocation among the Member States of the share available to the Community of the TACs mentioned in Article 2 is fixed for 1999, in the form of fish quotas, in Annex I. This allocation shall be without prejudice to: - exchanges made pursuant to Article 9(1) of Regulation (EEC) No 3760/92, - reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (10), - additional landings allowed under the stipulations of Article 3 of Regulation (EC) No 847/96, - quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96, - deductions made pursuant to Article 5 of Regulation (EC) No 847/96. Article 5 The stocks which are subject to a precautionary or to an analytical TAC, the stocks to which Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which Article 5(2) of the same Regulation shall apply, are fixed for 1999 in Annex III. Article 6 1. It shall be prohibited to retain on board or to land catches from stocks for which TACs or quotas are fixed unless: (i) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or (ii) the share of the TAC available to the Community (Community share) has not been allocated by quota among Member States and the Community share has not been exhausted; or (iii) for all species other than herring and mackerel, they are mixed with other species and have been taken with nets whose mesh size is 32 millimetres or less in Regions 1 and 2 or 40 millimetres or less in Region 3 in accordance with Article 2(1) of Regulation (EC) No 894/97 and are not sorted either on board or on landing; or (iv) for herring, they fall within the conditions set out in Article 2 of Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption (11); or (v) for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed 10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not sorted; or (vi) they are caught during the course of scientific investigations carried out under Regulation (EC) No 894/97. All landings shall count against the quota, or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of (iii), (iv), (v) and (vi). 2. Notwithstanding paragraphs 1 and 2, when any of the catch limitations indicated in Annex II to this Regulation are exhausted, it shall be prohibited for vessels operating within the fisheries to which the relevant catch limitations apply to land catches which are unsorted and which contain herring. 3. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 2 of Regulation (EC) No 894/97. Article 7 As regards the herring stock of the North Sea and of the eastern English Channel, transfers of up to 50 % of the quotas may be effected from ICES Divisions IVc and VIId to ICES Division IVb. As regards the hake stock in zones IIa (EC zone) and IV (EC zone), Member States having a quota in this zone may, on exhaustion of this quota, make transfers from zones Vb (EC zone), VI, VII, XII and XIV and from zones VIIIa, b and d to zone IIa (EC zone) and IV (EC zone). However, such transfers must be notified in advance to the Commission. Article 8 Member States where there occur landings of herring unsorted from the remainder of the catch shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by-catches of herring. It shall be prohibited to land catches of fish containing unsorted herring in harbours where sampling programmes referred to in the first paragraph are not in place. Article 9 Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular: (i) special control and inspection programmes; (ii) effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorised vessels; (iii) control of transhipment and of practices which incur discarding; (iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur. Article 10 Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 8 and 9 of this Regulation. Article 11 The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 5 
The stocks which are subject to a precautionary or to an analytical TAC, the stocks to which Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which Article 5(2) of the same Regulation shall apply, are fixed for 1999 in Annex III. Article 6 1. It shall be prohibited to retain on board or to land catches from stocks for which TACs or quotas are fixed unless: (i) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or (ii) the share of the TAC available to the Community (Community share) has not been allocated by quota among Member States and the Community share has not been exhausted; or (iii) for all species other than herring and mackerel, they are mixed with other species and have been taken with nets whose mesh size is 32 millimetres or less in Regions 1 and 2 or 40 millimetres or less in Region 3 in accordance with Article 2(1) of Regulation (EC) No 894/97 and are not sorted either on board or on landing; or (iv) for herring, they fall within the conditions set out in Article 2 of Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption (11); or (v) for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed 10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not sorted; or (vi) they are caught during the course of scientific investigations carried out under Regulation (EC) No 894/97. All landings shall count against the quota, or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of (iii), (iv), (v) and (vi). 2. Notwithstanding paragraphs 1 and 2, when any of the catch limitations indicated in Annex II to this Regulation are exhausted, it shall be prohibited for vessels operating within the fisheries to which the relevant catch limitations apply to land catches which are unsorted and which contain herring. 3. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 2 of Regulation (EC) No 894/97. Article 7 As regards the herring stock of the North Sea and of the eastern English Channel, transfers of up to 50 % of the quotas may be effected from ICES Divisions IVc and VIId to ICES Division IVb. As regards the hake stock in zones IIa (EC zone) and IV (EC zone), Member States having a quota in this zone may, on exhaustion of this quota, make transfers from zones Vb (EC zone), VI, VII, XII and XIV and from zones VIIIa, b and d to zone IIa (EC zone) and IV (EC zone). However, such transfers must be notified in advance to the Commission. Article 8 Member States where there occur landings of herring unsorted from the remainder of the catch shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by-catches of herring. It shall be prohibited to land catches of fish containing unsorted herring in harbours where sampling programmes referred to in the first paragraph are not in place. Article 9 Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular: (i) special control and inspection programmes; (ii) effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorised vessels; (iii) control of transhipment and of practices which incur discarding; (iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur. Article 10 Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 8 and 9 of this Regulation. Article 11 The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 6 
1. It shall be prohibited to retain on board or to land catches from stocks for which TACs or quotas are fixed unless: (i) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or (ii) the share of the TAC available to the Community (Community share) has not been allocated by quota among Member States and the Community share has not been exhausted; or (iii) for all species other than herring and mackerel, they are mixed with other species and have been taken with nets whose mesh size is 32 millimetres or less in Regions 1 and 2 or 40 millimetres or less in Region 3 in accordance with Article 2(1) of Regulation (EC) No 894/97 and are not sorted either on board or on landing; or (iv) for herring, they fall within the conditions set out in Article 2 of Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption (11); or (v) for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed 10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not sorted; or (vi) they are caught during the course of scientific investigations carried out under Regulation (EC) No 894/97. All landings shall count against the quota, or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of (iii), (iv), (v) and (vi). 2. Notwithstanding paragraphs 1 and 2, when any of the catch limitations indicated in Annex II to this Regulation are exhausted, it shall be prohibited for vessels operating within the fisheries to which the relevant catch limitations apply to land catches which are unsorted and which contain herring. 3. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 2 of Regulation (EC) No 894/97. Article 7 As regards the herring stock of the North Sea and of the eastern English Channel, transfers of up to 50 % of the quotas may be effected from ICES Divisions IVc and VIId to ICES Division IVb. As regards the hake stock in zones IIa (EC zone) and IV (EC zone), Member States having a quota in this zone may, on exhaustion of this quota, make transfers from zones Vb (EC zone), VI, VII, XII and XIV and from zones VIIIa, b and d to zone IIa (EC zone) and IV (EC zone). However, such transfers must be notified in advance to the Commission. Article 8 Member States where there occur landings of herring unsorted from the remainder of the catch shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by-catches of herring. It shall be prohibited to land catches of fish containing unsorted herring in harbours where sampling programmes referred to in the first paragraph are not in place. Article 9 Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular: (i) special control and inspection programmes; (ii) effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorised vessels; (iii) control of transhipment and of practices which incur discarding; (iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur. Article 10 Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 8 and 9 of this Regulation. Article 11 The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 7 
As regards the herring stock of the North Sea and of the eastern English Channel, transfers of up to 50 % of the quotas may be effected from ICES Divisions IVc and VIId to ICES Division IVb. As regards the hake stock in zones IIa (EC zone) and IV (EC zone), Member States having a quota in this zone may, on exhaustion of this quota, make transfers from zones Vb (EC zone), VI, VII, XII and XIV and from zones VIIIa, b and d to zone IIa (EC zone) and IV (EC zone). However, such transfers must be notified in advance to the Commission. Article 8 Member States where there occur landings of herring unsorted from the remainder of the catch shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by-catches of herring. It shall be prohibited to land catches of fish containing unsorted herring in harbours where sampling programmes referred to in the first paragraph are not in place. Article 9 Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular: (i) special control and inspection programmes; (ii) effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorised vessels; (iii) control of transhipment and of practices which incur discarding; (iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur. Article 10 Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 8 and 9 of this Regulation. Article 11 The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 8 
Member States where there occur landings of herring unsorted from the remainder of the catch shall ensure that adequate sampling programmes are in place in order to monitor effectively all landings of by-catches of herring. It shall be prohibited to land catches of fish containing unsorted herring in harbours where sampling programmes referred to in the first paragraph are not in place. Article 9 Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular: (i) special control and inspection programmes; (ii) effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorised vessels; (iii) control of transhipment and of practices which incur discarding; (iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur. Article 10 Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 8 and 9 of this Regulation. Article 11 The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 9 
Member States shall adopt special control and management measures and any other measures concerning the capture, sorting or landing of herring taken from the North Sea or from the Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These measures shall include, in particular: (i) special control and inspection programmes; (ii) effort plans, including lists of authorised vessels and, where deemed necessary on the basis of quota exhaustion beyond the level of 70 %, limitations on the activity of authorised vessels; (iii) control of transhipment and of practices which incur discarding; (iv) where possible, temporary prohibition of fishing in areas where high by-catch rates of herring, in particular juveniles, are known to occur. Article 10 Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 8 and 9 of this Regulation. Article 11 The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 10 
Commission inspectors shall, in accordance with Article 29 of Regulation (EEC) No 2847/93 and whenever the Commission deems it necessary for the purposes of this Regulation, carry out independent inspections to verify the implementation by the competent authorities of the sampling programmes and of the detailed measures mentioned in Articles 8 and 9 of this Regulation. Article 11 The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 11 
The Commission shall prohibit landings of herring if it is deemed that implementation of the measures mentioned in Articles 8 and 9 does not constitute a sufficient guarantee that a strict control of fishing mortality of herring in all fisheries is being achieved. Article 12 1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 12 
1. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh sizes equal to or greater than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex I to this Regulation. 2. All landings of herring caught in ICES areas IIIa, IV and VIId by vessels which carry on board only towed nets of minimum mesh size less than 32 mm, while taking these catches in these areas, will be counted against a relevant quota as defined in Annex II to this Regulation. 3. Herring landed by vessels operating within the conditions defined in paragraph 2 shall not be offered for sale for human consumption. Article 13 The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 13 
The following temporary provisions relating to technical measures shall apply in 1999: 1. purse seines and marine mammals Notwithstanding the conditions laid down in Article 10(17) of Regulation (EC) No 894/97, it shall be permitted to undertake encirclements with purse seines on schools or groups of dolphins when aiming to catch tuna, under the conditions agreed within the Agreement for the International Dolphin Conservation Programme, signed in Washington on 15 May 1998, to the following vessels or to any vessel duly authorised to replace a vessel in this list: - Vessel name: AURORA B; external identification: BI-2-5-97; call sign: EAQT, - Vessel name: ALBACORA; external identification: CA-3-1099; call sign: EGDY, - Vessel name: ALBACORA 1; external identification: VI-5-1-96; call sign: EAMB, - Vessel name: ALBACORA 15; external identification: VI-5-9835; call sign: EDUS, - Vessel name: ALMIRANTE, external identification: CA-3-1069; call sign: EAYN; 2. sole and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 90 mm shall apply to sole (Solea solea) in ICES Divisions IVc and VIId during 1999; 3. spotted dogfish and fixed gears Notwithstanding the conditions laid down in Annex V of Regulation (EC) No 894/97, a minimum mesh size of 120 mm shall apply to greater spotted dogfish (Scyliorhinus stellaris) and a minimum mesh size of 90 mm shall apply to lesser spotted dogfish (Scyliorhinus caniculus) in all waters situated north of latitude 48°N, but excluding waters in ICES Divisions IIIb, IIIc and IIId; 4. closed area for fishing for herring in the Irish Sea Notwithstanding the conditions laid down in Article 7(6)(a) of Regulation (EC) No 894/97, fishing for herring shall be prohibited from 21 September through 15 November in that part of the Irish Sea (ICES Division VIIa) within the area bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: - latitude 54°20,0'N, longitude 004°25,5'W and latitude 54°20,0N, longitude 003°57,2'W, - latitude 54°20,0'N, longitude 003°57,2'W and latitude 54°17,5'N, longitude 003°56,8'W, - latitude 54°17,5'N, longitude 003°56,8'W and latitude 54°14,6'N, longitude 003°57,5'W, - latitude 54°14,6'N, longitude 003°57,5'W and latitude 54°00,0'N, longitude 004°07,5'W, - latitude 54°00,0'N, longitude 004°07,5'W and latitude 53°51,5'N, longitude 004°27,8'W, - latitude 53°51,5'N, longitude 00427,8'W and latitude 53°48,5'N, longitude 004°50,0'W, - latitude 53°48,5'N, longitude 004°50,0'W and latitude 54°04,0'N, longitude 004°50,0'W; 5. plaice box Notwithstanding the second subparagraph of Article 10(3)(a) of Regulation (EC) No 894/97, the period of enlargement of the area in which beam trawling is banned shall be from 1 January to 31 December; 6. exit windows in the Baltic Sea Notwithstanding the conditions set out in Annex V to Regulation (EC) No 88/98, and in order to guarantee the selectivity of the trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV to the same Regulation, the two models of exit windows described in Annex IV to this Regulation shall be authorised in 1999; 7. summer ban for Baltic cod Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Øresund from 1 July to 20 August inclusive; 8. closure of Bornholm Deep All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates: - latitude 55°30'N, longitude 15°30'E, - latitude 55°30'N, longitude 16°10'E, - latitude 55°15'N, longitude 16°10'E, - latitude 55°15'N, longitude 15°30'E. Article 14 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.
Article 14 
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1998. For the Council The President W. MOLTERER (1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1). (2) OJ L 115, 9.5.1996, p. 3. (3) OJ L 226, 29.8.1980, p. 12. (4) OJ L 226, 29.8.1980, p. 48. (5) OJ L 132, 23.5.1997, p. 1. (6) OJ L 9, 15.1.1998, p. 1. (7) OJ L 198, 8.8.1996, p. 1 (8) OJ L 66, 6.3.1997, p. 1. (9) The definition of the ICES and CECAF areas referred to in this Regulation is given in Commission Communications 85/C 347/05 (OJ C 347, 31.12.1985, p. 14) and 85/C 335/02 (OJ C 335, 24.12.1985, p. 2) respectively. (10) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1). (11) OJ L 191, 7.7.1998, p. 10.