25.1.2003 Official Journal of the European Communities L 22/5 COMMISSION REGULATION (EC) No 129/2003 of 24 January 2003 laying down detailed rules for determining the mesh size and thickness of twine of fishing nets THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard 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 (EC) No 973/ 2001 (3, and in particular Article 48 thereof, Whereas: (1) Regulation (EEC) No 2108/84 of 23 July 1984 laying down detailed rules for determining the mesh size of fishing nets (°), as amended by Regulation (EC) No 2550/ 97, has been substantially amended and since further amendments are to be made, it should be replaced by this Regulation in the interests of clarity and rationalisa- tion. 2)  In order to ensure compliance with technical measures for the conservation of fishery resources, it is necessary to lay down detailed rules for determining the mesh size and the thickness of twine of fishing nets. (3)  For the purpose of the control procedure it is necessary to specify the types of gauge to be used how they are to be used, how the meshes to be measured are to be chosen, the method by which each of them is to be measured, how the mesh size of the net is to be calcu- lated, the procedure for the selection of twines of meshes for the assessment of thickness of twine, and to describe the sequence of the inspection procedure. (4) It is necessary to lay down the conditions whereby the control procedure determines that the thickness of twine of fishing nets exceeds the maximum thickness permitted. (5)  Where the master of a vessel disputes the result of a measurement in the course of an inspection, provision should be made for a further and final measurement. (6)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries Resources and Aquaculture, OJ L 125, 27.4.1998, p. 1. () OJL137,19.5.2001, p. 1. O] L 194, 24.7.1984, p. 22. HAS ADOPTED THIS REGULATION: CHAPTER I GENERAL PROVISIONS Atrticle 1 Definitions For the purpose of this Regulation, the following definitions shall apply: (a) ‘active gear”: trawls, Danish seines and similar towed nets; (b) ‘passive gear” gill nets, entangling nets, trammel nets, which may consist of one or more separate nets which are rigged with top, bottom and connecting ropes, and may be equipped with anchoring floating and navigational gear. CHAPTER II MESH SIZE OF ACTIVE GEAR Article 2 Gauge for determining mesh sizes 1. Gauges to be used for determining mesh sizes shall be 2 mm thick, flat, of durable material and capable of retaining their shape. They shall have either a series of parallel-edged sides connected by intermediate tapering edges with a taper of one to eight on each side, or only tapering edges with the taper of one to eight on each side. They shall have a hole at the narrowest extremity. 2. The gauges shall be marked ‘EC gauge’. Each gauge shall be inscribed on its face with the width in millimetres both on the parallel-side section, if any, and on the tapering section. In the case of the latter the width shall be inscribed at every 1 mm interval and the indication of the width shall appear at regular intervals. A model of the gauges is shown in Annex L Article 3 Use of the gauge in diamond mesh 1. In the case of diamond mesh panels, the net shall be stretched in the direction of the long diagonal of the meshes as shown in Annex IL 2. A gauge as described in Article 2 shall be inserted by its narrowest extremity into the mesh opening in a direction perpendicular to the plane of the net. 3. The gauge shall be inserted into the mesh opening using either manual force or using a weight or dynamometer, until it is stopped at the tapering edges by the resistance of the mesh.