L 159/4 Official Journal of the European Communities 15.6.2001 COMMISSION REGULATION (EC) No 1162/2001 of 14 June 2001 establishing measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIl a, b, d, e and associated conditions for the control of activities of fishing vessels THE COMMISSION OF THE EUROPEAN COMMUNITIES, (6)  Control measures additional to those laid down in Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), as last amended by Regulation (EC) No 1181/98 (3), and in particular Article 15(1) thereof, Whereas: (1)  In November 2000, the International Council for the Exploration of the Sea indicated that the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIlla, b, d, e is at serious risk of collapse. (2)  The majority of this stock of hake inhabits ICES sub- areas V, VI and VII and ICES divisions VIl a, b, d, e. (3) At the Council meeting of 14 and 15 December 2000, the Commission and the Council noted the urgent requirement to establish a recovery plan for this stock of hake. (4)  The immediate requirement is to reduce catches of juve- nile hake by: — establishing a general increase in the mesh size of towed nets used to catch hake to which end it is necessary to derogate from conditions regarding mesh sizes of towed gears laid down in Annexes I and II to Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms () as last amended by Regulation 973/2001 (%), — establishing geographical areas in which juvenile hake occur in high abundance and specifying that fishing with towed nets may take place in these areas only if these nets are of high mesh size, — establishing additional conditions to ensure that capture of juvenile hake by beam trawls is reduced. (5)  To provide information on catches of juvenile hake by some vessels targeting hake and by other vessels targeting Norway lobsters, observers should be placed on board vessels engaged in such activities, taking into account the level of fishing activity by each Member State fishing in the appropriate areas. () O] L 389, 31.12.1992, p. 1. () O] L 164, 9.6.1998, p. 1. () O] L 125, 27.4.1998, p. 1. (% O] L 137, 19.5.2001, p. 1. Council Regulation (EEC) No 284793 of 12 October 1993 establishing a control system applicable to the common fisheries policy (°), as last amended by Regula- tion (EC) No 2846/98 (°), and specific control programmes defined according to Article 34c of the said Regulation are required to ensure compliance with the measures laid down in this Regulation. (7)  Further conservation measures affecting fishing for Nephrops, which involves significants by-catches of hake, may be proposed in the light of recent scientific advice from ICES and the results of trials of more selec- tive fishing gear that are currently being conducted. HAS ADOPTED THIS REGULATION: Article 1 This Regulation shall apply to fishing vessels operating within ICES sub-areas V and VI and ICES divisions VI b, ¢, f, g, h, j, k and ICES divisions VIl a, b, d, e. Article 2 1. Notwithstanding the conditions laid down in Article 4(4) and Article 15 of Regulation (EC) No 850/98, catches of hake (Merluccius merluccius) retained on board any vessel carrying any towed gear of mesh size 55 mm to 99 mm may not be in excess of 20 % of the weight of the total catch of marine organism retained on board. 2. The conditions of paragraph 1 shall not apply to any vessel of length less than 12 metres overall which returns to port within 24 hours of its most recent departure from port. Article 3 It shall be prohibited to use: (a) except in ICES sub-areas V and VI, any cod-end and/or extension piece of any towed nets except beam trawls of mesh size greater than 55 mm which is not constructed of single-twine netting material of which no twine is of thick- ness greater than 6 mm or of double-twine netting material of which no twine is of thickness greater than 4 mm; () O] L 261, 20.10.1993, p. 1. (9 O] L 358, 31.12.1998, p. 5.