Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources
Modified by
  • Council Regulation (EC) No 850/98of 30 March 1998for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, 31998R0850, April 27, 1998
  • Council Regulation (EC) No 1239/98of 8 June 1998amending Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources, 31998R1239, June 17, 1998
  • Council Regulation (EC) No 809/2007of 28 June 2007amending Regulations (EC) No 894/97, (EC) No 812/2004 and (EC) No 2187/2005 as concerns drift nets, 32007R0809, July 12, 2007
  • Regulation (EU) 2019/1241 of the European Parliament and of the Councilof 20 June 2019on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005, 32019R1241, July 25, 2019
Council Regulation (EC) No 894/97of 29 April 1997laying down certain technical measures for the conservation of fishery resources TITLΕ INETS AND CONDITIONS FOR THEIR USE
Article 2Minimum mesh sizes1.For each of the regions or geographical areas mentioned in Annex I and depending, where applicable, on the period and engine power, it is prohibited to use any trawl, Danish seine or similar towed net unless its mesh size in that part of the net having the smallest meshes is equal to, or greater than, one of the minimum mesh sizes listed in that Annex, hereinafter known as "the reference minimum mesh size", and unless the catch taken with that net and retained on board includes:a percentage of authorized target species equal to or greater than that specified in Annex I,a percentage of protected species which does not exceed that specified in Annex I,for the reference minimum mesh size.Notwithstanding the first subparagraph, the minimum percentage of target species may be obtained by aggregating the quantities of all the target species caught, provided that:they are target species for which the maximum percentage of protected species is 10 %,they are target species for which the reference minimum mesh size is the same as, or less than, the mesh of the net in use,the total percentage for all protected species combined as a proportion of the total weight of all the target species combined does not exceed 10 %.For the purpose of this Regulation, protected species are defined as those species for which a minimum size has been laid down in Annex II, or which are identified by an asterisk in that Annex for the Region concerned.The provisions of this paragraph shall be without prejudice to the specific provisions laid down in paragraphs 2 to 9.2.Dredges are exempted from the provisions of paragraph 1. However, it shall be prohibited to have on board or to land more than 10 % of protected species when fishing with dredges.3.The percentages referred to in Annex I shall be calculated as the proportion by weight of all fish, crustaceans and molluscs on board after sorting or on landing, taking into account any quantities which have been transhipped.Notwithstanding the first subparagraph, when fishing for sand-eel with nets having mesh sizes smaller than 16 mm, the percentage may be measured before sorting. This provision shall not apply in the Skagerrak and Kattegat.The percentages may be calculated on the basis of one or more representative samples. Rules for sampling may be drawn up in accordance with the procedure laid down in Article 18.4.Sorting shall be carried out immediately after hauling. Catches of protected species which exceed the percentages laid down in Annex I shall be discarded immediately into the sea.5.If catches have been made during the same voyage using different nets with different mesh sizes, or in different regions, geographical areas or under additional different conditions (such as different periods of time), and if these different fishing conditions imply a change in the reference minimum mesh sizes (with corresponding percentages) as listed in Annex I, the percentages shall be calculated for each part of the catch taken under each different condition.All catches shall be deemed to have been taken with the net on board having the smallest mesh size unless the log-book, kept in accordance with Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policyOJ No L 261, 20. 10. 1993, p. 1. Regulation as last amended by Regulation (EEC) No 2870/95 (OJ No L 301, 14. 12. 1995, p. 1)., and with the rules laid down in implementation of that Article, shows otherwise.6.Catches shall be estimated as live weight.For the purpose of this Article, the equivalent weight of whole Norway lobster shall be obtained by multiplying the weight of Norway lobster tails by three.7.Nets with mesh sizes smaller than the mesh size of the net in use in conformity with paragraph 1 shall not be kept on board unless they are properly lashed and stowed in such a way that they may not be readily used. Specific rules concerning stowage of gear may be drawn up in accordance with the procedure laid down in Article 18.8.Engine power shall be defined as the total maximum continuous power which can be obtained at the flywheel of each engine and which can, by mechanical, electrical, hydraulic or other means, be applied to vessel propulsion. However, where a gearbox is incorporated into the engine, the power shall be measured at the gearbox output flange.No deduction shall be made in respect of auxiliary machines driven by the engine.The unit in which engine power is expressed shall be the kilowatt (kW).The continuous engine power shall be determined in accordance with the requirements adopted by the International Organization for Standardization in its recommended International Standard ISO 3046/1, second edition, October 1981.The amendments necessary for adapting the requirements, provided for in the fourth subparagraph, to technical progress shall be adopted in accordance with the procedure laid down in Article 18.9.It shall be prohibited to have on board or to use any trawl, Danish seine or similar towed net of which the minimum mesh size is equal to or greater than 90 mm having more than 100 meshes in the circumference at least of the cod-end sensu stricto, excluding the joinings and selvedges.Any trawl, Danish seine or similar towed net of which the mesh size is equal to or greater than 100 mm may be equipped, in the upper part of the cod-end, with a section (panel or window) of square-meshed netting attached to the joinings or selvedges, having a mesh size equal to or greater than 90 mm."Square-meshed netting" shall mean netting which is mounted so that the two AB directions of the meshes forming the panel are, in one direction, parallel to the longitudinal axis of the cod-end sensu stricto and, in the other direction, at right angles to its longitudinal axis. The AB direction is the direction parallel to a rectilinear sequence of mesh bars, each from adjacent meshes.10.(a)Bottom set gillnets, entangling nets and trammel nets with mesh sizes which do not correspond to any of the categories set out in Annexes V or VI shall be prohibited and may not be kept on board fishing vessels. In the case of trammel nets, the mesh size referred to in this Regulation is that of the piece of net with the smallest mesh size.(b)When catches are made in Regions 1 and/or 2 by fishing vessels using bottom set gillnets, entangling nets and/or trammel nets with sizes corresponding to one of the categories set out in Annex V, the percentage of quantities retained on board expressed in live weight, for one or any combination of species or groups of species mentioned in the corresponding mesh size category, may not be less than 70 %.(c)When catches have been made in Region 3 by fishing vessels using bottom set gillnets, entangling nets and/or trammel nets with mesh sizes corresponding to one of the categories set out in Annex VI, the percentage of quantities retained on board expressed in live weight, for one or any combination of species or groups of species mentioned in the corresponding mesh size category, may not be less than 70 %.(d)For the purposes of this Regulation, the following definitions apply:(i)"bottom set gillnets or entangling nets":are any gear made up of a single piece of net, fixed by any means to the bottom;(ii)"trammel nets"are any gear made up of two or more pieces of net hung jointly in parallel on a single headline, fixed by any means to the bottom of the sea.(e)Letters (a), (b), (c ) and (d) shall not apply to catches of salmonidae and agnatha.Detailed rules for the application of this paragraph, including the measurement of mesh size, shall be adopted in accordance with the procedure laid down in Article 18, no later than 31 December 1997.
Article 3Determination of mesh sizeThe technical rules for the determination of mesh size shall be drawn up in accordance with the procedure referred to in Article 18.
Article 4Attachments to netsNo device shall be used by means of which the mesh in any part of the fishing net is obstructed or otherwise effectively diminished.This provision shall not exclude the use of certain devices, a list and technical descriptions of which shall be drawn up in accordance with the procedure referred to in Article 18.
Article 1Definition of areas1.This Regulation shall apply to the taking and landing of fishery resources occurring in all maritime waters under the sovereignty or jurisdiction of the Member States, except as otherwise provided for in Article 6 (1) (b), Article 10 (17) and Article 11 (3), and situated in one of the following regions:Region 1All waters which lie to the north and west of a line running from at point latitude 48° N longitude 18° W; thence due north to latitude 60° N; thence due east to longitude 5° W; thence due north to latitude 60° 30′ N; thence due east to longitude 4° W; thence due north to latitude 64° N; thence due east to the coast of Norway.Region 2All waters situated north of latitude 48° N, but excluding the waters in Region 1 and ICES divisions III b, III c and III d.Region 3All waters corresponding to ICES sub-areas VIII and IX.Region 4All waters corresponding to ICES sub-area X.Region 5All waters situated in that part of the east central Atlantic comprising divisions 34.1.1, 34.1.2 and 34.1.3 and sub-area 34.2.0 of fishing zone 34 of the FAO-Cecaf region, excluding the waters under the sovereignty or jurisdiction of Spain situated around the Canary Islands.Region 6All waters off the coast of the French department of Guyana.Region 7All waters off the coasts of the French departments of Martinique and Guadeloupe.Region 8All waters off the coasts of the French department of Réunion.2.The geographical areas designated in this Regulation by the letters "NAFO", "ICES" and "FAO" shall be those defined by the Northwest Atlantic Fisheries Organization, the International Council for the Exploration of the Sea, and the Food and Agricultural Organization of the United Nations, respectively. They are described, subject to any subsequent amendments, in Council Regulation (EEC) No 3179/78 of 28 December 1978 concerning the conclusion by the European Economic Community of the Convention on Future Multilateral Cooperation in the Northwest Atlantic FisheriesOJ No L 378, 30. 12. 1978, p. 1. Regulation as last amended by Regulation (EEC) No 654/81 (OJ No L 69, 14. 3. 1981, p. 1)., and in Commission communications Nos 85/C 335/02OJ No C 335, 24. 12. 1985, p. 2. and 85/C 347/05OJ No C 347, 31. 12. 1985, p. 14..3.The regions referred to in paragraph 1 may be divided into geographical areas in accordance with the procedure referred to in Article 18, in particular on the basis of the definitions referred to in paragraph 2 thereof.4.Notwithstanding paragraph 2, for the purposes of this Regulation, the Kattegat is limited in the north by a line drawn from Skagen lighthouse to the lighthouse in Tistlarna, and from there to the nearest point on the Swedish coast, and in the south by a line drawn from Hasenore Head to Gniben Point, from Korshage to Spodsbjerg, and from Gilbjerg Head to the Kullen.The Skagerrak is limited in the west by a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes and in the south by a line drawn from Skagen lighthouse to the lighthouse of Tistlarna and from there to the nearest point on the Swedish coast.5.Notwithstanding paragraph 2, for the purposes of this Regulation, the North Sea shall comprise ICES sub-area IV, the adjacent part of ICES division II a lying south of latitude 64° N, and that part of ICES division III a which is not covered by the definition of the Skagerrak given in paragraph 4.
TITLE IIMINIMUM SIZE OF FISH, CRUSTACEANS AND MOLLUSCS
Article 51.A fish, crustacean or mollusc is undersized if its dimensions are smaller than the minimum dimensions specified in Annex II or Annex III for the relevant species and region or particular geographical area, if specified. Where more than one method of measuring the minimum size is provided for, the fish, crustacean or mollusc is deemed to be of the minimum size if at least one of the dimensions found is greater than the corresponding minimum dimension.2.(a)The size of a fish shall be measured from the tip of the snout to the end of the tail fin.(b)The size of Norway lobster and lobsters shall be measured, as shown in Annex IV:as the length of the carapace, parallel to the mid-line from the back of either eye socket to the distal edge of the carapace,as the total length, from the tip of the rostrum to the rear end of the telson, not including the setae.Detached Norway lobster tails shall be measured from the front edge of the first segment present of the tail to the rear end of the telson, not including the setae. The tail shall be measured flat and unstretched.(c)The size of edible crabs shall be measured, as shown in Annex IV:as the length of the carapace measured along the mid-line from the interorbital space to the rear edge of the carapace,as the maximum width of the carapace measured perpendicular to the mid-line of the carapace,as the maximum length of the last two segments of any of the pincer legs.(d)The size of spinous spider crabs shall be measured, as shown in Annex IV, along the mid-line, from the edge of the carapace between the rostrums to the posterior edge of the carapace(e)The size of a bivalve mollusc shall be measured as shown in Annex IV across the longest part of the shell(f)The size of a cephalopod shall be measured along the dorsal mid-line from the posterior tip of the mantle to the anterior border of the mantle, for squid and cuttlefish, and to the level of the eyes for octopuses.3.Undersized fish, crustaceans and molluscs shall not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be discarded immediately into the sea.However, this provision shall not apply to:(a)catches of protected species which have been taken within the limits specified in Article 2 (1), which have not been sorted from the authorized target species and which are not sold, displaced or offered for sale for human consumption;(b)the species referred to below, within a limit of 10 % by weight of the total catches of these species:herring caught in any geographical area,mackerel caught in the North Sea,species listed in Annex II or Annex III caught in the Skagerrak or Kattegat;(c)horse mackerel (Trachurus spp.), mackerel (Scomber spp.) and anchovies (Engraulis encrasicholus) intended for use as live bait.The percentage of undersized fish, crustaceans and molluscs shall be calculated in accordance with Article 2 (3) to (6).4.It shall be prohibited to land tails or claws of lobsters which have been detached from the body and which have been caught in the regions or geographical areas referred to in Annex III for which a minimum size is shown for these species.Only whole scallops (Pecten spp.) may be landed.5.Minimum size for species marked by an asterisk in Annexes II or III shall be adopted in accordance with the procedure provided for in Article 18.
TITLE IIIPROHIBITION OF FISHING
Article 6Salmon and sea trout1.Salmon and sea trout may not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea when taken:(a)within the waters situated outside the 12-mile limit measured from Member States' baselines, in Regions 1, 2, 3 and 4;(b)by way of derogation from Article 1 (1), outside the waters under the sovereignty or jurisdiction of the Member States, in Regions 1, 2, 3 and 4;(c)when fishing with a trawl, Danish seine or similar towed net, with mesh sizes smaller than 70 mm.2.In the Skagerrak and Kattegat, fishing for salmon and sea trout shall be prohibited outside a four-mile limit measured from the baselines.
Article 7Herring1.Fishing for herring shall be prohibited each year from 15 August to 30 September in a geographical area bounded by a line joining the following points:the Butt of Lewis,Cape Wrath,latitude 58° 55′ N, longitude 5° 00′ W,latitude 58° 55′ N, longitude 7° 10′ W,latitude 58° 20′ N, longitude 8° 20′ W,latitude 57° 40′ N, longitude 8° 20′ W,the west coast of North Uist at latitude 57° 40′ N, then along the north coast of the island as far as latitude 57° 40′ 36″ N, longitude 7° 20′ 39″ W,latitude 57° 50′ 03″ N, longitude 7° 08′ 06″ W,north-east along the west coast of Lewis as far as the point of departure (Butt of Lewis).2.It shall be prohibited to have on board a quantity of herring which exceeds 5 % of the total weight of fish, crustaceans and molluscs on board which have been caught in that area during the period specified in paragraph 1. The percentage shall be calculated in accordance with Article 2 (3) to (6).3.Fishing for herring shall be prohibited from 1 July to 31 October within the area bounded by the following coordinates:the west coast of Denmark at latitude 55° 30′ N,latitude 55° 30′ N, longitude 7° 00′ E,latitude 57° 00′ N, longitude 7° 00′ E,the west coast of Denmark at latitude 57° 00′ N.4.Fishing for herring shall be prohibited in the zone extending from 6 to 12 miles off the east coast of the United Kingdom as measured from the baselines between latitudes 54° 10′ N and 54° 45′ N for the period 15 August to 30 September and between latitudes 55° 30′ N and 55° 45′ N for the period 15 August to 15 September.5.Fishing for herring shall be prohibited throughout the year in the Irish Sea (ICES division VII a) in the maritime area between the west coasts of Scotland, England and Wales and a line drawn 12 miles from the baselines of these coasts bounded to the south by latitude 53° 20′ N and to the north-west by a line drawn between the Mull of Galloway (Scotland) and the Point of Ayre (Isle of Man).6.Fishing for herring shall be prohibited from 21 September to 31 December in the parts of the Irish Sea (ICES division VII a) bounded by the following coordinates:(a)the east coast of the Isle of Man at latitude 54° 20′ N,latitude 54° 20′ N, longitude 3° 40′ W,latitude 53° 50′ N, longitude 3° 50′ W,latitude 53° 50′ N, longitude 4° 50′ W,the south-west coast of the Isle of Man at longitude 4° 50′ W;(b)the east coast of Northern Ireland at latitude 54° 15′ N,latitude 54° 15′ N, longitude 5° 15′ W,latitude 53° 50′ N, longitude 5° 50′ W,the east coast of Ireland at latitude 53° 50′ N.Fishing for herring shall be prohibited throughout all the year in Logan Bay, defined as being the waters east of a line drawn from the Mull of Logan situated at latitude 54° 44′ N and longitude 4° 59′ W, to Laggantalluch Head, situated at latitude 54° 41′ N and longitude 4° 58′ W.7.Notwithstanding paragraph 6, vessels with a length not exceeding 12,2 metres based in ports situated on the east coast of Ireland and Northern Ireland between latitudes 53° 00′ N and 55° 00′ N may fish for herring in the prohibited area described in paragraph 6 (b). The only method of fishing authorized shall be drift netting with nets of a minimum mesh size of 54 mm.8.Fishing for herring shall be prohibited in the maritime area situated to the north-east of a line drawn between Mull of Kintyre and Corsewall Point from 1 January to 30 April.9.The areas and periods described in this Article may be altered in accordance with the procedure laid down in Article 18.
Article 8Sprats1.Trawling for sprat using a mesh size less than 32 mm shall be prohibited all year round in the Skaggerak and Kattegat.2.Fishing for sprat shall be prohibited:(a)from 1 July to 31 October in an area bounded by the following points:the west coast of Denmark at 55° 30′ N,latitude 55° 30′ N, longitude 7° 00′ E,latitude 57° 00′ N, longitude 7° 00′ E,the west coast of Denmark at 57° 00′ N;(b)in ICES statistical area 39E8, from 1 January to 31 March and from 1 October to 31 December. For the purpose of this Regulation, this ICES area shall be that bounded by a line due east from the United Kingdom east coast along latitude 55° 00′ N to a point at longitude 1° 00′ W, from there due north to a point at latitude 55° 30′ N and from there due west to the United Kingdom coast,(c)in the inner waters of the Moray Firth west of longitude 3° 30′ W and in the inner waters of the Firth of Forth west of longitude 3° 00′ W, from 1 January to 31 March and from 1 October to 31 December.
Article 9Mackerel1.It shall be prohibited to retain on board mackerel which are caught within the geographical area bounded by the following coordinates:a point on the south coast of England at longitude 2° 00′ W,latitude 49° 30′ N, longitude 02° 00′ W,latitude 49° 30′ N, longitude 07° 00′ W,latitude 52° 00′ N, longitude 07° 00′ W,a point on the west coast of Wales at latitude 52° 00′ N,unless the weight of the mackerel does not exceed 15 % by weight of the total quantities of mackerel and other species on board which have been caught within this area.2.Paragraph 1 shall not apply:(a)to vessels fishing with gillnets or hand lines;(b)to vessels fishing with bottom trawls, Danish seines or other similar towed nets, provided that they have on board a minimum of 75 % by weight, calculated as a percentage of the total weight of all the species on board:of Norway lobster, when these vessels are using nets the mesh size of which is set for the geographical regions or zones concerned in Annex I,of Norway lobster and species listed in Annex II, when these vessels are using nets the mesh size of which is set for these species and for the geographical regions or areas concerned in Annex I;(c)to vessels in transit through this area, provided that all fishing gear is stowed in accordance with the conditions set out in Article 2 (7);(d)to vessels which are not equipped for fishing and to which mackerel are being transhipped.3.All mackerel which are on board shall be deemed to have been caught within the area provided for by paragraph 1, except those which have been declared to be on board before the vessel enters that area, under the procedure described in the following subparagraphs.The skipper of a vessel intending to enter that area in order to fish, and holding mackerel on board, must notify the control authority of the Member State in whose zone he intends to fish of his estimated time and place of arrival in this area no more than 36 hours and no less than 24 hours before the vessel enters that area.On entering the area, he must notify the competent control authority of the quantities of mackerel which he has on board and which are entered in the log-book. The skipper may be required to submit his log-book and the catches on board for verification at a time and place to be determined by the competent control authority. The time shall be no later than six hours after receipt by the control authority of the message notifying the quantities of mackerel on board and the place shall be as near as possible to the point of entry into the area.The skipper of the fishing vessel who intends to enter the area for the purpose of having mackerel transhipped to his vessel must notify the control authority, of the Member State in whose zone transhipment will take place, or the intended time and place of transhipment no more than 36 hours and no less than 24 hours before transhipment begins. Immediately on completion of transhipment, the skipper must inform the competent control authority of the quantities of mackerel which have been transhipped to that vessel.The competent control authorities are,for France:Mimer, telex: Paris 250823,for Ireland:Department of Marine, telex: Dublin 91798 MRNE,for the United Kingdom:Ministry of Agriculture, Fisheries and Food, telex: London 21274.Nothing in this paragraph shall be interpreted as meaning that a vessel flying the flag of, or registered in, a Member State which does not have a mackerel quota from the stock occurring in this area, or whose quota is exhausted, is authorized to hold mackerel on board, unless such mackerel is a by-catch, taken with catches of horse mackerel or sardines, and the mackerel does not exceed 10 % of the total weight of mackerel, horse mackerel and sardines on board, except where the skipper can prove that the mackerel has been caught from another stock.
TITLE IVRESTRICTIONS ON CERTAIN TYPES OF FISHING
Article 10Restrictions on the use of certain types of vessels and gear in fishing for certain species during certain periods and in certain geographical areas1.It shall be prohibited to use purse seines:(a)to fish for herring in ICES divisions VII g to k and in the geographical area bounded:to the north by latitude 52° 30′ N,to the south by latitude 52° N,to the west by the coast of Ireland,to the east by the coast of the United Kingdom,(b)to fish for the species listed in Annex II for the relevant region or geographical area.When fishing with purse seines, it shall be prohibited to have on board:a quantity of the species listed in Annex II which exceeds 5 % by weight of the total weight of fish, crustaceans and molluscs on board, andwhen fishing in the area described in the first indent of the first subparagraph, a quantity of herring which exceeds 5 % by weight of the total weight of fish, crustaceans and molluscs on board.The percentages shall be calculated in accordance with Article 2 (3) to (6).2.(a)It shall be prohibited for a vessel to have on board or to use beam trawls the aggregate beam length of which, measured as the sum of the length of each beam, is greater than 24 metres or can be extended to a length greater than 24 metres.(b)The use of beam trawls shall be prohibited in the Kattegat.3.(a)Inside the area within 12 miles of the coasts of France, north of latitude 51° 00′ N, Belgium, the Netherlands, Germany and the west of Denmark as far as the Hirtshals Lighthouse, measured from the baselines from which the territorial waters are measured, no vessel exceeding eight metres length overall shall fish using any beams or otter trawl.For the period from 1 April to 30 September, the abovementioned area shall be extended to include the geographical area bounded by a line joining the following coordinates:a point on the west coast of Denmark at latitude 57° 00′ N,latitude 57° 00′ N, longitude 7° 15′ E,latitude 55° 00′ N, longitude 7° 15′ E,latitude 55° 00′ N, longitude 7° 00′ E,latitude 54° 30′ N, longitude 7° 00′ E,latitude 54° 30′ N, longitude 7° 30′ E,latitude 54° 00′ N, longitude 7° 30′ E,latitude 54° 00′ N, longitude 6° 00′ E,latitude 53° 50′ N, longitude 6° 00′ E,latitude 53° 50′ N, longitude 5° 00′ E,latitude 53° 30′ N, longitude 5° 00′ E,latitude 53° 30′ N, longitude 4° 15′ E,latitude 53° 00′ N, longitude 4° 15′ E,a point on the coast of the Netherlands at latitude 53° 00′ N(b)By way of derogation from paragraph 3 (a), vessels whose names and technical characteristics are contained on a list which shall be drawn up in accordance with the procedure laid down in Article 18 are authorized to fish in the said area using beam trawls during those periods when fishing using beam trawls would otherwise be prohibited.Vessels which may appear on the list referred to in the first subparagraph of this paragraph must comply with the following criteria:they entered into service before 1 January 1987,except for vessels fishing for crustaceans, their engine power does not exceed 221 kW and, in the case of derated engines, did not exceed 300 kW before derating.A vessel on the list may be replaced by any vessel the engine of which is not derated, the engine power of which does not exceed 221 kW, and the length overall of which, as defined in paragraph 13, does not exceed 24 metres.An engine of a vessel on the list may be replaced provided that the replacement engine is not derated and that its power does not exceed 221 kW.(c)However, it shall be prohibited to use beam trawls the aggregate beam length of which, measured as the sum of the length of each beam, is greater than nine metres or can be extended to a length greater than nine metres except when operating with gear designed and used for catching shrimps (Crangon ssp.) or prawns (Pandalus montagui).However, vessels the primary activity of which is fishing for shrimps (Crangon spp.) shall be permitted to use beams the aggregate length of which exceeds nine metres when fishing for sole, provided that they appear on a list to be drawn up annually.(d)Notwithstanding subparagraph 3 (a), otter trawlers the engine power of which does not exceed 221 kW and, in the case of derated engines, did not exceed 300 kW before derating, may fish in the area referred to in that paragraph.(e)Notwithstanding subparagraph 3 (a), vessels whose engine power exceeds 221 kW may fish in the area referred to in that paragraph using otter trawls, provided that catches of plaice and sole which exceed 5 % by weight of the total catch on board are discarded immediately into the sea.The percentage shall be calculated in accordance with Article 2 (3) to (6).4.Inside the area within 12 miles of the coasts of the United Kingdom and Ireland, measured from the baselines from which the territorial waters are measured, no vessel shall fish using any beam trawl.However, vessels in any of the following categories may fish in the said area using beams trawls:a vessel which entered into service before 1 January 1987 and, except for vessels fishing for crustaceans, whose engine power does not exceed 221 kW and, in the case of derated engines, did not exceed 300 kW before derating,a vessel which entered into service after 31 December 1986 whose engine is not derated, whose engine power does not exceed 221 kW and whose overall length as defined in paragraph 13 does not exceed 24 metres,a vessel which had its engine replaced after 31 December 1986 with an engine which is not derated and the engine power of which does not exceed 221 kW.However, it shall be prohibited to use beam trawls the aggregate beam length of which, measured as the sum of the length of each beam, is greater than nine metres, except when operating with gear designed and used for catching shrimps (Crangon spp.) or prawns (Pandalus montagui).5.Fishing vessels which do not satisfy the criteria permitting them to be entered on the lists established pursuant to paragraphs 3 and 4 shall be forbidden to engage in the fishing activities referred to in those paragraphs.6.Detailed rules for the implementation of paragraphs 3 and 4, including rules for the establishment of the lists referred to in paragraph 3, shall be drawn up under the procedure laid down in Article 18.7.Engine power shall be defined as in Article 2 (8).8.Date of entry into service shall be the date of the first issue of an official safety certificate.If an official safety certificate is not issued, the date of entry into service shall be the date of first entry in an official register of fishing vessels.However, in the case of fishing vessels which entered into service before 14 October 1986, the date of entry into service shall be the date of first entry in an official register of fishing vessels.9.It shall be prohibited to use trawls having a mesh size of less than 32 mm from 1 July to 15 September in the waters situated within three miles of the baselines in the Skagerrak and Kattegat.However, in trawling within these waters and during this period:for deep-water prawn (Pandalus borealis), nets with a minimum mesh size of 30 mm may be used,for eelpout (Zoarces viviparus), goby (Gobiidae) or scorpion fish (Cottus spp.) to be used for bait, nets with any size of mesh may be used.10.It shall be prohibited to fish for anchovy using pelagic trawls in ICES division VII C.11.Within the zones referred to in this Article, where trawls, beam trawls, Danish seines or similar towed nets may not be used, it shall be prohibited to carry on board such nets unless they are properly lashed and stowed in accordance with Article 2 (7).12.It shall be prohibited to use explosives, poisonous or stupefying substances and guns for the purpose of fishing. However, harpoon guns may be used to catch tuna and basking shark.It shall be prohibited to use electric current in the Skagerrak and Kattegat to catch fish other than tuna and basking shark.13.The length of a vessel shall be the overall length, defined as the distance in a straight line between the foremost point of the bow and the aftermost point of the stern.The bow is to be taken to include the watertight hull structure, forecastle, stem and forward bulwark, if fitted, but to exclude bowsprits and safety rails.The stern is to be taken to include the watertight hull structure, transom, poop, trawl ramp and bulwark, but to exclude safety rails, bumkins, propulsion machinery, rudders and steering gear and divers' ladders and platforms.The overall length shall be measured in metres with an accuracy of two decimal places.14.The length of a beam trawl shall be measured between its extremities, including all attachments thereto.15.(a)From 1 September to 31 December, it shall be prohibited to fish with any trawl, Danish seine or similar towed net in the geographical areas bounded by a line joining the following coordinates:the point on the north coast of Spain called Cabo Prior (latitude 43° 34′ N, longitude 8° 19′ W),latitude 43° 50′ N, longitude 8° 19′ W,latitude 43° 25′ N, longitude 9° 12′ W,the point on the west coast of Spain called Cabo Villano (latitude 43° 10′ N, longitude 9° 12′ W).(b)From 1 October to 31 December, it shall be prohibited to fish with any trawl, Danish seine or similar towed net in the geographical areas bounded by a line joining the following coordinates:the point on the west coast of Spain called Cabo Corrubedo (latitude 42° 35′ N, longitude 9° 05′ W),latitude 42° 35′ N, longitude 9° 25′ W,latitude 43° 00′ N, longitude 9° 30′ W,the point on the west coast of Spain at latitude 43° 00′ N.(c)From 1 December to the last day of February in the ensuing year, it shall be prohibited to fish with any trawl, Danish seine or similar towed net in the geographical areas bounded by a line joining the following coordinates:a point on the west coast of Portugal at latitude 37° 50′ N,latitude 37° 50′ N, longitude 9° 03′ W,latitude 37° 00′ N, longitude 9° 06′ W,a point on the west coast of Portugal at latitude 37° 00′ N.16.It shall be prohibited for vessels using purse seines or towed gear with a mesh size permitted exceptionally for fishing mackerel, herring and horse mackerel, to carry automatic sorting equipment on board.Notwithstanding the preceding subparagraph, freezer vessels shall be authorized to carry automatic sorting equipment on board, provided that its sole function is commercial grading of all the fish caught and intended for freezing. Automatic sorting equipment must be installed in such a way that the catch resulting from the grading is immediately frozen for marketing and cannot easily be discarded into the sea.17.It shall be prohibited to undertake encirclements with purse seines on schools or groups of marine mammals when aiming to catch tuna or other species of fish.Notwithstanding Article 1 (1), this paragraph shall apply to all vessels flying the flag of, or registered in, a Member State in all waters under the sovereignty or jurisdiction of the Member States, as well as outside those waters.18.Trawling and purse seining for mackerel, sprat and herring shall be prohibited in the Skagerrak from Saturday midnight to Sunday midnight and in the Kattegat from Friday midnight to Sunday midnight.19.Purse seines shall not be used for catching tropical tuna (skipjack, bigeye and longfinned tuna) in waters under the sovereignty or jurisdiction of Portugal in ICES division X north of 36° 30′ N or in Cecaf areas north of 31° N and east of 17° 30′ W.
Article 111."Drift net" means: any gillnet held on the sea surface or at a certain distance below it by floating devices, drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift.2.No vessel may keep on board, or use for fishing, one or more drift nets whose individual or total length is more than 2,5 kilometres.
Article 11a1.From 1 January 2002, no vessel may keep on board, or use for fishing, one or more drift-nets intended for the capture of species listed in Annex VIII.2.From 1 January 2002, it is prohibited to land species listed in Annex VIII which have been caught in drift-nets.3.Until 31 December 2001, a vessel may keep on board, or use for fishing, one or more drift-nets referred to in paragraph 1 after receiving authorisation from the competent authorities of the flag Member State. In 1998, the maximum number of vessels which may be authorised by a Member State to keep on board, or use for fishing, one or more drift-nets shall not exceed 60 % of the fishing vessels which used one or more drift-nets during the period 1995 to 1997.4.Member States shall communicate to the Commission for each target species by 30 April of each year, the list of vessels authorised to carry out fishing activities using the drift-nets referred to in paragraph 3; for 1998, the information shall be sent not later than 31 July 1998.
Article 11b1.All fishing vessels using one or more drift-nets intended for the capture of species listed in Annex VIII shall operate under the following conditions:during fishing activity, the vessel must keep the net under constant visual observation,floating buoys, with radar reflectors, must be moored to each end of the netting, so that its position can be determined at any time. The buoys must be permanently marked with the registration letter(s) and number of the vessel to which they belong.2.The master of a fishing vessel using one or more drift-nets referred to in paragraph 1 shall keep a logbook in which he must record the following information on a day-to-day basis:the total length of the nets on board,the total length of the nets used in each fishing operation,the quantity of each species caught during each fishing operation, including by-catches and discards at sea, in particular cetaceans, reptiles and sea-birds,the quantity of each species held on board,the date and position of such catches.3.All masters referred to in paragraph 2 shall forward to the competent authorities of the Member State of landing a declaration giving at least the quantities of each species landed and the catch dates and zones.4.Masters of vessels using one or more drift-nets referred to in paragraph 1 who wish to use a landing location in a Member State shall notify the competent authorities in the Member State concerned, at least two hours before arrival in port, of the planned landing location and time of arrival.5.All fishing vessels using one or more drift-nets referred to in paragraph 1 shall keep on board the prior authorisation to fish issued by the competent authorities of the flag Member State.6.In the case of failure to comply with the obligations laid down in Articles 11 and 11a and this Article, the competent authorities shall take appropriate measures in respect of the vessels concerned, in accordance with Article 31 of Regulation (EEC) No 2847/93.
Article 11cWith the exception of waters covered by Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the SoundOJ L 9, 15.1.1998, p. 1. and notwithstanding Article 1(1), Articles 11, 11a and 11b shall apply in all waters falling within the sovereignty of jurisdiction of the Member States and, outside those waters shall apply to all Community fishing vessels.
Article 12No vessels shall use driftnets for catching tuna in waters under the sovereignty or jurisdiction of Spain or Portugal in ICES sub-areas VIII, IX or X or, notwithstanding Article 1, in waters under the sovereignty or jurisdiction of Spain in Cecaf areas off the Canary Islands.
Article 13Processing operationsIt shall be prohibited to carry out on board a fishing vessel any physical or chemical processing of fish to produce fishmeal, oil or similar products. This prohibition shall not apply to the processing of offal.
Article 14Scientific researchThis Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State or Member States concerned, and of which the Commission and the Member State or Member States in whose waters the research is carried out have been informed in advance.Fish, crustaceans and molluscs caught for the purposes specified in the first subparagraph may be sold, stored, displayed or offered for sale, provided that:they meet the standards laid down in Annexes II and III and the marketing standards adopted pursuant to Article 2 of Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture productsOJ No L 388, 31. 12. 1992, p. 1. Regulation as last amended by Regulation (EC) No 3318/94 (OJ No L 350, 31. 12. 1994, p. 15).,orthey are sold directly for purposes other than human consumption.
Article 15Artificial restocking and transplantationThis Regulation shall not apply to fishing operations carried out during the course of artificial restocking or transplantation of fish, crustaceans or molluscs.Fish, crustaceans and molluscs caught for the purposes set out in the first subparagraph may be sold for human consumption only if the other provisions of the Regulation are complied with.
TITLE VFINAL PROVISIONS
Article 161.Where the conservation of fish, crustacean or mollusc stocks calls for immediate action, the Commission may, in addition to or by way of derogation from this Regulation, adopt any measures necessary in accordance with the procedure referred to in Article 18.2.Where the conservation of certain species or fishing grounds is seriously threatened, and where any delay would result in damage which would be difficult to repair, the coastal State may take appropriate non-discriminatory conservation measures in respect of the waters under its jurisdiction.3.The measures referred to in paragraph 2, together with an explanatory memorandum, shall be communicated to the Commission and the other Member States as soon as they are adopted.4.Within 10 working days of receipt of such notification, the Commission shall confirm the measures referred to in paragraph 2 or require their cancellation or amendment. The Commission's decision shall be immediately notified to the Member States.5.Member States may refer the Commission's decision to the Council within 10 working days of receiving the notification referred to in paragraph 4.6.The Council, acting by a qualified majority, may adopt a different decision within one month.
Article 171.Member States may take measures for the conservation and management of stocks:(a)in the case of strictly local stocks which are of interest solely to the fishermen of the Member State concerned, or(b)in the form of conditions or detailed arrangements designed to limit catches by technical measures:(i)supplementing those laid down in the Community legislation on fisheries, or(ii)going beyond the minimum requirements laid down in the said legislation,provided that such measures apply solely to the fishermen of the Member State concerned, are compatible with Community law, and are in conformity with the common fisheries policy.2.The Commission shall be informed, in time for it to present its observation, of any plans to introduce or amend national technical measures.If the Commission so requests within one month of such notification, the Member State concerned shall suspend the entry into force of the measures planned until three months have elapsed from the date of the said notification, so that the Commission can decide within that period whether the measures in question comply with the provisions of paragraph 1.Within the Commission finds, by a decision which it shall notify to all Member States, that a planned measure does not comply with the provisions of paragraph 1, the Member State concerned may not bring it into force without making the necessary amendments thereto.The Member state concerned shall immediately inform the other Member States and the Commission of the measures adopted, having made any amendments which may be necessary.3.Member States shall provide the Commission, on request, with all particulars necessary for an assessment of whether their national technical measures comply with the provisions of paragraph 1.4.At the instigation of the Commission, or at the request of any Member State, the question of whether a national technical measure applied by a Member State complies with paragraph 1 may be the subject of a decision taken in accordance with the procedure laid down in Article 18. Should such a decision be taken, the third and fourth subparagraphs of paragraph 2 shall apply mutatis mutandis.5.Measures relating to fishing from the shore shall be communicated by the Member State concerned to the Commission for information purposes only.
Article 18Detailed rules for the implementation of this Regulation shall be adopted in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92.
Article 19Regulation (EEC) No 3094/86 is hereby repealed.References to the said Regulation shall be construed as references to this Regulation and should be read in accordance with the correlation table set out in Part A of Annex VII.
Article 20This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.However, the provisions of Article 2 (10) and of Annexes V and VI shall enter into force on 31 December 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX I
The upper half of the trawl cod-end may comprise a section (panel or window) of square netting with a mesh size equal to or greater than 90 mm attached to the selvedges and joinings.It is forbidden to carry on board any trawl or netting with a mesh size smaller than that of the net being used for fishing.South of a line running west from the east coast of the Sound of Jura at latitude 56° 00′ N.Blue whiting is not an authorized target species in the area bounded to the North by latitude 52° 30′ N and to the east by longitude 7° 00′ W.The fishing sector for Norway pout is understood as the part of the North Sea within the sovereignty or jurisdiction of a Member State and bounded to the south by a line starting from a point at 56° N on the east coast of Scotland as far as 2° E, then running north to 58° N, west to 0° 30′ W, north to 59° 15′ N, east to 1° E, north to 60° N, west to longitude 0° 00′, from there north to 60° 30′ N, west to the coast of the Shetland Isles, then west from 60° N on the west coast of the Shetlands to 3° W, south to 58° 30′ N and finally west to the coast of Scotland.Selective trawls must comprise top cod-end with a minimum mesh size of 65 mm and a bottom cod-end with a minimum mesh size of 50 mm, separated by a horizontal panel of netting.25 % between 1 January and 31 March.The gulf of Cadiz is defined as the area within ICES division IX a, east of a line drawn due south from a point at longitude 7° 52′ W on the south coast of Portugal.All captures will be considered as realized with the netting of the smallest mesh size found on board. The distribution of the species caught and held on board, after sorting, or during their transfer or their landing, must respect the provisions applying to the relevant minimum mesh size. For vessels working jointly to hoist a net, the catch composition on board each of these vessels shall conform to the netting of the vessel for which the mesh size is the smallest.It is forbidden to carry on board any trawl or netting with a mesh size smaller than 90 mm.The percentage of whiting is calculated according to the cumulated catches of: whiting + haddock + saithe +cod.
RegionGeographical areaAdditional conditionsMinimum mesh size (mm)Authorized target speciesMinimum percentage of target speciesMaximum percentage of protected species
1 and 2Entire region100 diamondAll100
North Sea, south of latitude 55° N80Sole (Solea vulgaris)5100 of which not more than 10 % cod, haddock and saithe
West of Scotland and Rockall [ICES sub-area VI]80All100
ICES sub-area VII80All100
Entire region70Norway lobster (Nephrops norvegicus)3060
ICES sub-areas II, IV, V and VI north of latitude 56° N90Whiting (Merlangius merlangus)70100 of which not more than 10 % cod, haddock and saithe and not more than 10 % of plaice
Entire region except Skagerrak and Kattegat32Mackerel (Scomber scombrus)50or 80 cumulated10
Horse mackerel (Trachurus trachurus)50
Herring (Clupea harengus)50
Pelagic cephalopods50
Pilchards (Sardina pilchardus)50
Blue whitingMicromesistius poutassou)50
Entire region except Skagerrak and Kattegat35Prawns (Pandalus spp. excluding Pandalus montagui)3050
Skagerrak and Kattegat32Herring (Clupea harengus)5010
Sprat (Sprattus sprattus)
Entire region30Argentines (Argentina spp.)5010
Entire region except Skagerrak and Kattegat20Prawns/shrimps (Pandalus montagui and Crangon spp.)3050
Entire region except Skagerrak and Kattegat16Sprat (Sprattus sprattus)5010
Entire region16Eels (Anguilla anguilla)2010
Skagerrak and Kattegat outside four miles from the baselines35Shrimps/prawns (Crangon spp. and Palaemon adspersus)2050
Skagerrak and Kattegat within four miles of the baselines16Shrimps/prawns (Crangon spp. and Palaemon adspersus)2050
16Greater weever (Trachinus draco)5010
Molluscs except cuttlefish (Sepia officinalis)
Garfish (Belone belone)
Grey gurnard (Eutrigla gumardus)
Skagerrak and Kattegat16Blue whiting (Micromesistius poutassou)5010
SkagerrakFrom 1 November to last day of February16Sand-eels (Ammodytidae)5010
KattegatFrom 1 August to last day of February16Sand-eels (Ammodytidae)5010
From 1 March to 31 July—Sand-eels (Ammodytidae)5010
Entire region except fishing sector for Norway pout16Norway pout (Trisopterus esmarkii)5015, of which not more than 5 % of cod and haddock
North SeaFrom 1 November to last day of February16Sand-eels (Ammodytidae)5010
From 1 March to 31 October—Sand-eels (Ammodytidae)5010
Entire region except North Sea and Skagerrak and Kattegat—Sand-eels (Ammodytidae)5010
Skagerrak and Kattegat90All100
70Whiting (Merlangius merlangus)5030 except whiting
35Prawns (Pandalus borealis)2050
32Mackerel (Scomber scombrus)5010
Horse mackerel (Trachurus trachurus)
3Entire region65All100
40Mackerel (Scomber spp.)50or 80 cumulative10
Blue whiting (Micromesistius poutassou)50
Herring (Clupea harengus)50
Pelagic cephalopods50
Horse mackerel (Trachurus spp.)50
Selective trawls65 50Norway lobster (Nephrops norvegicus)3060
Non-selective trawls55Norway lobster (Nephrops norvegicus)3060
55Shrimps (Parapenaeus longirostris, Aristeus antennatus and Aristaeomorpha foliacea)3050
Gulf of Cadiz40All species except those listed in Annex II for Region 35010
Entire region20Pilchards (Sardina pilchardus)5010
Eels (Anguilla anguilla)
Within 12 miles of the Member States' baselines20Shrimps (Crangon spp. and Palaemon spp.)3050
16Sprat (Sprattus sprattus)5010
Anchovies (Engraulis encrasicholus)
Sand-eels (Ammodytidae)
4Entire region
5Entire region65All100
40Mackerel (Scomber spp.)8010
and Horse Mackerel (Trachurus spp.)
20Bogue (Boops boops)5010
Pilchards (Sardina pilchardus)
6Entire region100All100
45Shrimps (Penaeus subtilis, Penaeus brasiliensis, Xiphopenaeus kroyeri)3050
7Entire region
8Entire region
ANNEX II
Minimum size of protected species as referred to in Article 2 (1) and Article 5Except in the North Sea where the minimum size shall be 27 cm.Except in the North Sea where the minimum size shall be 23 cm.Size to be determined (see Article 2 (1)).
(in cm)
SpeciesRegion 1Region 2Region 3Region 4Region 5
except Skagerrak and KattegatSkagerrak and Kattegat
Sturgeon (Acipenser sturio)———145—
Shad (Alosa spp.)—30—30
Salmon (Salmo salar)—50—
Sea trout (Salmo trutta)—25—
Eel (Anguilla anguilla)———
Conger eel (Conger conger)—58—58
Cod (Gadus morhua)35353035——
Ling (Molva molva)——63
Blue ling (Molva dypterygia)—70—70——
Haddock (Melanogrammus aeglefinus)30302730——
Saithe (Pollachius virens)35353035——
Pollack (Pollachius pollachius)—30—30——
Whiting (Merlangius merlangus)27232323—
Hake (Merluccius merluccius)30303027
Grey mullet (Mugil spp.)—20—20
Bass (Dicentrarchus labrax)—36—36
Red seabream (Pagellus bogaraveo)—25—25
Black seabream (Spondyliosoma cantharus)—23—23——
Gilthead seabream (Sparus aurata)———19——
Red mullet (Mullus surmuletus)—15—15
Plaice (Pleuronectes platessa)25252725
Witch flounder (Glyptocephalus cynoglossus)28282828——
Dab (Limanda limanda)15152323—
Lemon sole (Microstomus kitt)25252525—
Flounder (Platichthys flesus)—252025—
Sole (Solea vulgaris)24242424
Wedge sole (Dicologoglossa cuneata)———15——
Megrim (Lepidorhombus spp.)25252520
Brill (Scolphthalmus rhombus)30303030—
Turbot (Psetta maxima)30303030
Monkfish (Lophius piscatorius, Lophius budegassa)——
Cuttlefish (Sepia spp.)—
ANNEX III
Minimum size referred to in Article 5Size to be determined.
SpeciesRegionGeographical areaMinimum size
Herring (Clupea harengus)1ICES division V b (EC zone)20 cm
2Except Skagerrak and Kattegat20 cm
Skagerrak and Kattegat18 cm
320 cm
Mackerel (Scomber spp.)1, 2, 3 and 5Except North Sea20 cm
2North Sea30 cm
Mackerel (for industrial purposes)2Skagerrak and Kattegat only30 cm
Pout (Trisopterus luscus)3
Anchovy (Engraulis encrasicholus)3Except ICES division IX a12 cm
3ICES division IX a10 cm
Sardine (Sardina pilchardus)3
Horse mackerel (Trachurus spp.)1, 2, 3 and 515 cm
Whole Norway lobster (Nephrops norvegicus)2Skagerrak and Kattegat only40 mm carapace length130 mm overall length
2Except West of Scotland and Irish Sea (ICES divisions VI a and VII a) and Skagerrak and Kattegat25 mm carapace length85 mm overall length
2West of Scotland and Irish Sea (ICES divisions VI a and VII a)20 mm carapace length70 mm total length
320 mm carapace length70 mm overall length
Tails of Norway lobster2Skagerrak and Kattegat only72 mm
2Except West of Scotland and Irish Sea (ICES divisions VI a and VII a) and Skagerrak and Kattegat46 mm
2West of Scotland and Irish Sea (ICES divisions VI a and VII a)37 mm
337 mm
Lobster (Homarus gammarus)2Except Skagerrak and Kattegat85 mm carapace length24 cm overall length
2Skagerrak and Kattegat only78 mm carapace length22 cm overall length
Spinous spider crab (Maia squinado)2120 mm
3120 mm
Edible crab (Cancer pagurus)2width
length
claw
3width
length
claw
Scallop (Pecten maximus)2 and 3Except ICES division VII d100 mm
2ICES division VII d110 mm
Calm (Venus verrucosa)2ICES divisions VII d and VII e only40 mm
Squid (Loligo vulgaris)3
ANNEX IVMethod for determining the size of crustaceans and molluscs(a)Carapace length(b)Overall length(a)Maximum length of the shell(a)Maximum width of carapace(b)Length of carapace(c)Length of clawANNEX V
Regions 1 and 2Catches of anglerfish (Lophius spp.) taken from ICES divisions VI and VII and retained on board in excess of 30 % of the total catch on board from those areas must be taken with a minimum mesh size of 250 mm or greater.In ICES divisions VII e and VII d, for a period of two years following the entry into force of this Regulation, the minimum size will be 90 mm.In ICES divisions VII e and VII d, for a period of two years following the entry into force of this Regulation, the minimum size will be 110 mm.
Species/mesh10-30 mm50-70 mm90-99 mm100-119 mm120-219 mm≥ 220 mm
Pilchard (Sardina pilchardus)******
Eel (Anguilla anguilla)******
Sprat (Sprattus sprattus)******
Horse mackerel (Trachurus trachurus)*****
Herring (Clupea harengus)*****
Mackerel (Scomber scombrus)*****
Red mullets (Mullidae)*****
Garfish (Belone spp.)*****
Bass (Dicentrarchus labrax)****
Grey mullets (Mugilidae)****
Dab (Limanda limanda)***
Haddock (Melanogrammus aeglefinus)***
Whiting (Merlangius merlangus)***
Flounder (Platichthys flesus)***
Sole (Solea vulgaris)***
Plaice (Pleuronectes platessa)***
Cuttlefish (Sepia spp.)***
Cod (Gadus morhua)**
Pollack (Pollachius pollachius)**
Ling (Molva molva)**
Saithe (Pollachius virens)**
Hake (Merluccius merluccius)**
Spurdog (Squalus acanthias)**
Spotted dogfish (Scyliorhinus spp.)**
Megrim (Lepidorhombus spp.)**
Lumpfish (Cyclopterus lumpus)**
Others*
ANNEX VI
Region 3In ICES divisions VIII c and IX, the minimum mesh size will be 80-99 mm. However, for a period of two years following the entry into force of this Regulation, the minimum mesh size will be 60 mm.Catches of anglerfish (Lophius spp.) and retained on board in excess of 30 % of the total catch on board must be taken with a minimum mesh size of 220 mm or greater.
Species/mesh size< 40 mm40-49 mm50-59 mm60-79 mm80-99 mm≥ 100 mm
Pilchard (Sardina pilchardus)******
Prawns (Palaemon spp.)******
Rainbow wrasse (Coris julis)******
Bogue (Boops boops)******
Shrimps (Penaeus spp.)*****
Mantis shrimp (Squilla mantis)*****
Red mullets (Mullidae)*****
Wedge sole (Dicologoglossa cuneata)*****
Wrasses (Labridae)*****
Horse mackerel (Trachurus trachurus)****
Mackerel (Scomber scombrus)****
Pout (Trisopterus luscus)****
Cuttlefish (Sepia spp.)****
Gurnards (Triglidae)****
Sea breams (Sparidae)***
Rockfish (Scorpaenidae)***
Eyed sole (Microchirus acevia***
Short-finned squid (Ommastrephidae)***
Conger (Conger conger)***
Forkbeards (Phycis spp.)***
Brill (Scophtalmus rhombus)***
Weavers (Trachinidae)***
Picarels (Centracanthidae)***
Bass (Dicentrarchus labrax)**
Whiting (Merlangius merlangus)**
Turbot (Psetta maxima)**
Pollack (Pollachius pollachius)**
Flounders (Pleuronectidae)**
Sole (Solea vulgaris)*
Hake (Merluccius merluccius)*
Others*
ANNEX VII
PART ACorrelation table
Regulation (EEC) No 3094/86Present Regulation
Article 1Article 1
Article 2 (1)Article 2 (1)
Article 2 (2)Article 2 (2)
Article 2 (3)Article 2 (3)
Article 2 (4)Article 2 (4)
Article 2 (5)Article 2 (5)
Article 2 (6)Article 2 (6)
Article 2 (7)Article 2 (7)
Article 2 (10)Article 2 (8)
Article 2 (11)Article 2 (9)
Article 2 (12)Article 2 (10)
Article 3Article 3
Article 4Article 4
Article 5 (1)Article 5 (1)
Article 5 (2)Article 5 (2)
Article 5 (3) (a)Article 5 (3) (a)
Article 5 (3) (b) first indentArticle 5 (3) (b) first indent
Article 5 (3) (b) second indentArticle 5 (3) (b) second indent
Article 5 (3) (b) third indentArticle 5 (3) (b) third indent
Article 5 (3) (b) fourth indent—
Article 5 (3) (c)Article 5 (3) (c)
Article 5 (4)Article 5 (4)
Article 5 (5)Article 5 (5)
Article 6Article 6
Article 7Article 7
Article 7aArticle 8
Article 8Article 9
Article 9 (1)Article 10 (1)
Article 9 (2)Article 10 (2)
Article 9 (3)Article 10 (3
Article 9 (4)Article 10 (4)
Article 9 (4a)Article 10 (5)
Article 9 (5)Article 10 (6)
Article 9 (6)Article 10 (7)
Article 9 (7)Article 10 (8)
Article 9 (8)Article 10 (9)
Article 9 (9)Article 10 (10)
Article 9 (10)Article 10 (11)
Article 9 (11)Article 10 (12)
Article 9 (12)Article 10 (13)
Article 9 (13)Article 10 (14)
Article 9 (15)Article 10 (15)
Article 9 (16)Article 10 (16)
Article 9 (17)Article 10 (17)
Article 9 (18)Article 10 (18)
Article 9 (19)Article 10 (19)
Article 9a (1)Article 11 (1)
Article 9a (2)—
Article 9a (3)Article 11 (2)
Article 9a (4)Article 11 (3)
Article 9bArticle 12
Article 10Article 13
Article 11Article 14
Article 12Article 15
Article 13Article 16
Article 14 (1)Article 17 (1)
Article 14 (2)Article 17 (2)
Article 14 (3)Article 17 (3)
Article 14 (4)Article 17 (4)
Article 14 (5)—
Article 14 (6)—
Article 14 (7)Article 17 (5)
Article 15Article 18
—Article 19
—Article 20
ANNEX IANNEX I
ANNEX I — footnote (1)ANNEX I — footnote (1)
ANNEX I — footnote (2)ANNEX I — footnote (2)
ANNEX I — footnote (3)ANNEX I — footnote (3)
ANNEX I — footnote (4)ANNEX I — footnote (4)
ANNEX I — footnote (5)ANNEX I — footnote (5)
ANNEX I — footnote (6)ANNEX I — footnote (6)
ANNEX I — footnote (7)ANNEX I — footnote (7)
ANNEX I — footnote (8)—
ANNEX I — footnote (9)ANNEX I — footnote (8)
ANNEX I — footnote (10)—
ANNEX I — footnote (11)ANNEX I — footnote (9)
ANNEX I — footnote (12)ANNEX I — footnote (10)
ANNEX I — footnote (13)ANNEX I — footnote (11)
ANNEX II — footnote (2)—
ANNEX II — footnote (3)—
ANNEX II — footnote (4)—
ANNEX II — footnote (5)ANNEX II — footnote (1)
ANNEX II — footnote (6)ANNEX II — footnote (2)
ANNEX II — footnote (*)ANNEX II — footnote (*)
ANNEX IIIANNEX III
ANNEX IVANNEX IV
ANNEX VIANNEX V
ANNEX VIIANNEX VI
ANNEX VANNEX VII
PART BRegulations amending the repealed Regulation (EEC) No 3094/86
Official Journal
Nopagedate
Regulation (EEC) No 4026/86L 376131. 12. 1986
Regulation (EEC) No 2968/87L 28013. 10. 1987
Regulation (EEC) No 3953/87L 371930. 12. 1987
Regulation (EEC) No 1555/88L 14017. 6. 1988
Regulation (EEC) No 2024/88L 17919. 7. 1988
Regulation (EEC) No 3287/88L 292526. 10. 1988
Regulation (EEC) No 4193/88L 369131. 12. 1988
Regulation (EEC) No 2220/89L 211622. 7. 1989
Regulation (EEC) No 4056/89L 3897530. 12. 1989
Regulation (EEC) No 3500/91L 33123. 12. 1991
Regulation (EEC) No 345/92L 421518. 2. 1992
Regulation (EEC) No 1465/92L 15516. 6. 1992
Regulation (EEC) No 2120/92L 213329. 7. 1992
Regulation (EEC) No 3034/92L 307123. 10. 1992
Regulation (EEC) No 3919/92L 397131. 12. 1992
Regulation (EC) No 1796/94L 187122. 7. 1994
Regulation (EC) No 1173/95L 1181525. 5. 1995
Regulation (EC) No 1909/95L 18413. 8. 1995
Regulation (EC) No 2251/95L 2301127. 9. 1995
Regulation (EC) No 3071/95L 3291430. 12. 1995
ANNEX VIII— AlbacoreThunnus alalunga— Bluefin tunaThunnus thynnus— Bigeye tunaThunnus obesus— SkipjackKatsuwonus pelamis— Atlantic BonitoSarda Sarda— Yellowfin tunaThunnus albacares— Blackfin tunaThunnus atlanticus— Little tunaEuthynnus spp.— Southern bluefin tunaThunnus maccoyii— Frigate tunaAuxis spp.— Oceanic sea breamsBrama rayi— MarlinsTetrapturus spp.; Makaira spp.— SailfishesIstiophorus spp.— SwordfishesXiphias gladius— SauriesScomberesox spp.; Cololabis spp.— DolphinfishesCoryphœna spp.— SharksHexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphymidae; Isuridae; Lamnidae— Cephalopodsall species