Proposal for a COUNCIL REGULATION (EC) laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound - (codified version)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 08. 04. 1997 COM(97) 139 final 97/ 0013 (CNS) Proposal for a ÇQUNCH, REGULATION (JSC) laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (codified version) (presented by the Commission) EXPIANATORY MEMORANDUM 1. In the context of a people's Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make it clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the specific rights it gives him. This aim cannot be achieved so long as numerous provisions that have been amended several times, often quite substantially, remain scattered, so that they must be sought partly in the original instrument and partly in later amending ones. Considerable re search work, comparing many different instruments, is thus needed to identify the current rules. For this reason a consolidation of rules that have frequendy been amended is also essential if Community law is to be clear and transparent 2. On 1 April 1987 the Commission therefore decided to instruct its staff that all legis lative measures should be consolidated after no more than ten amendments, stressing that this was a minimum requirement and that departments should endeavour to con solidate at even shorter intervals the texts for which they were responsible, to ensure that the Community rules were clear and readily understandable. 3. The Conclusions of the Presidency of the Edinburgh European Council (December 1992) confirmed this, stressing the importance of legislative consolidation as it offers certainty as to the law applicable to a given matter at a given time. It must be undertaken in full compliance with the normal Community legislative pro cedure. Given that no changes of substance may be made to the instruments affected by legis lative consolidation. Parliament, the Council and the Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-track adoption of codification instruments. 4. The purpose of this proposal (l) for legislative consolidation of Council Regula tion (EEC) No 1866/86 of 12 June 1986 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound is to undertake official codification of this type. The new regulation will super sede the various regulations incorporated in it (2); their content is fully preserved, and they are brought together with only such formal amendments as are required by the codification exercise itself. 5. This legislative consolidation proposal was drawn up on the basis of a preliminary consolidation, in ail the official languages, of Regulations (EEC) No 1866/86 and the instruments amending it, carried out by the Office for Official Publications of the European Communities, by means of the data-processing system referred to in the conclusions of the European Council meeting at Edinburgh. Although the articles have been given new numbers, the old numbering has been retained in the margin for ease of reference; the correlation between the old and new numbers is shown in a table set out in Annex VI, Part A to the consolidated Regulation. (*) Entered in the legislative programme for 1996. (2) See Part B of Annex VI. Proposal for a COUNCIL REGULATION (EC) No of. laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parlia ment (*), Having regard to the opinion of the Economic and So cial Committee (2), 1) Whereas Council Regulation (EEC) No 1866/86 of 12 June 1986 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (3) has been fre quently and substantially amended; whereas for reasons of clarity and rationality the said Regulation should be consolidated; 2) Whereas, under Articles 2 and 4 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (4), the Council is responsible for adopting, in the light of the available scientific advice, the conservation measures necessary to ensure the rational and responsible exploita tion of living marine aquatic resources on a sustainable basis; whereas, to that end, the Council may lay down technical measures concerning fishing gear and the ways in which it is used; 3) Whereas it is necessary to establish the principles and certain procedures for laying down the said technical measures at Community level so that each Member State can manage the fishing activities carried on in the maritime waters within its jurisdiction or under its sover eignty; 4) Whereas the accession of the Community to the Conven tion on Fishing and Conservation of the Living Re sources in the Baltic Sea and the Belts, as amended by the Protocol to the Conference of the Representatives of the States Parties to the Convention and hereinafter re ferred to as 'the Gdansk Convention', was approved by Council Decision 83/414/EEC (5); () (2) (3) (4) (5) OJ No C. OJ No C. OJ No L162,18. 6. 1986, p. 1. Regulation as last amended by Regulation (EC) No 1821/96 (OJ No L 241,21. 9. 19%, p. 8). OJNoL389,31. 12. 1992, p. 1. OJ No L 237, 26. 8. 1983, p. 4. 2250/95 1866/86 (adapted) 5) Whereas the Gdansk Convention entered into force with respect to the Community on 18 March 1984 and the Community accepted all the rights and obligations of Denmark and the Federal Republic of Germany as laid down by the Gdansk Convention; 6) Whereas the International Baltic Sea Fishery Commis sion, set up by the Gdansk Convention, has adopted, since it was established, a body of measures for the con servation and management of fishery resources in the Baltic Sea and has, by its letters of 20 September 1985, 8 December 1986, 21 December 1987, 29 October 1988, 20 September 1993, 20 September 1994 and 11 Sep tember 1995, notified the contracting parties of certain recommendations to modify those technical measures; 7) Whereas the Gdansk Convention provides that the Com munity must give effect to the said recommendations in the waters of the Baltic Sea, the Belts and the Sound, subject to the objection procedure laid down in Article XI of the Convention; 8) Whereas the most effective means of minimizing catches of small fish is to prohibit fishing in those areas where they are heavily concentrated, HAS ADOPTED THIS REGULATION: 4. + 4. + 3. + 3. + 3. + 5. + 4. 1866/86 (adapted) 2250/95 (adapted) 1866/86 2244/87 2178/88 887/89 2250/95 1821/96 2250/95 (adapted) 2156/91 Article 1 1866/86 Definition of the geographical area 1. This Regulation concerns the taking and landing of fishery resources occurring in the waters of the Baltic Sea, the Belts and the Sound bounded to the west by a line drawn from Hasenore Head to Gniben Point, from Kor- shage to Spodsbjerg and from Gilbjerg Head to the Kullen. It does not apply to waters within the baselines. 2. It applies to: (adapted) — Community fishermen in the geographical area de scribed in paragraph 1; — all fishermen in the waters of this area which lie under the sovereignty or jurisdiction of the Member States. 3. The geographical area is divided into 11 subdivisions numbered 22 to 32 which are described in Annex I. Article 2 Ban on fishing for certain species in certain geographical areas during certain periods It shall be prohibited to retain on board the following 1. species of fish which have been taken in the waters and during the periods listed below: 887/89 - Art 1 (1) Species Waters Period of prohibition Flounder flesus) Flounder (Platichihys subdivision 26 1 February to 30 April subdivision 28 and 29 1 February to 30 April south 5 9 * 3 CN latitude of Flounder subdivision 32 1 February to 30 June Female Flounder subdivision 22 except 1 February to 30 April for area Annex II the geographical in described (Pleuronectes subdivision 26 1 February to 30 April Plaice platessa) Plaice Female Plaice subdivisions 27, 28 and 1 February to 30 April 29 south of 5 9 * 3 0^ latitude subdivision 22 except 1 February to 30 April the geographical for in area Annex II and subdivi sions 24 and 25 described Species Waters Period of prohibition 887/89 - Art. 1 (1) Turbot (Psetta maxima) subdivisions 22, 24, 25 and 26 1 June to 31 July Brill rhombus) (Scophthalmus subdivisions 22, 24, 25 and 26 1 June to 31 July 2. By way of derogation from the provisions of para graph 1, by-catches of flounder and plaice in fishing for cod, taken during the periods of prohibition referred to in that paragraph, may be retained on board within a limit of 10 % by weight of the total catch of cod on board the vessel. 1866/86 Article 3 Minimum fish sizes 1. A fish shall be regarded as undersized if it is smaller than the minimum size specified in Annex III for the species and waters in question. 2. The size of a fish shall be measured from the tip of the snout, with mouth closed, to the extreme end of the tail fin. 3. Fish smaller than the minimum size, even where such fish are part of a by-catch, shall not be retained on board or be transhipped, landed, transported, processed, pre served, sold or stored, displayed or offered for sale. They must be returned to the sea, if at all possible while still alive, immediately after being taken. 4. By way of derogation from paragraph 3, undersized cod may be kept on board within a limit of 5 % by weight of the cod catch on board. 2250/95 - Art. 1 (2) 5. The by-catch of cod taken when fishing for herring and sprat shall not exceed 10 % of the total weight of the catch. Of this by-catch of cod, no more than 5 % of under sized cod shall be kept on board. 2250/95 - Art. 1 (3) Article 4 1866/86 Determination of by-catch percentage 1. The percentage of the by-catches referred to in Ar ticle 2 (2) shall be measured as a proportion by weight of the total quantity of cod on board after sorting or of all cod in the hold or on landing. 2. The percentage of the by-catches referred to in Ar ticle 3 (4) shall be measured as a proportion by weight of the total quantity of fish on board after sorting or of all fish in the hold or on landing. 1866/86 3. Detailed rules for the determination of percentage by- catches may be adopted in accordance with the procedure referred to in Article 13. Article 5 Minimum mesh size 1. It shall be prohibited to use or to tow any trawl, Dan ish seine or similar net having meshes of a smaller size than those laid down in Annex IV for the waters, species or group of species of fish concerned. 2. It shall be prohibited to use anchored floating nets or drift nets having meshes of a smaller size than those laid down in Annex IV for salmon fishery. 3. It shall be prohibited to use gill nets having meshes of a smaller size than those laid down in Annex IV for the waters, species or groups of species of fish concerned. 887/89 - Art. 1 (2) Article 6 1866/86 Measurement of mesh size the 1. During inspection of nets, meshes shall be measured using a flat gauge which is 2 mm thick and made of durable material that will retain its shape. It shall have several parallel-edge sides connected by intermediate tapering sides each with a taper of 1 cm in 8 cm or shall have tapering sides only, with the same taper as indicated above. The gauge shall be inscribed on its surface with the width in millimetres both on the parallel-sided section, where one exists, and on the tapering section. In the case of the latter, the width shall be inscribed every 1 mm in terval, and the indication of the width shall appear at reg ular intervals. 2. To measure the size of a mesh, the gauge shall be inserted by its narrowest extremity into the mesh opening in a direction perpendicular to the plane of the net so as to measure the long axis of the mesh when stretched diag onally lengthwise. The gauge shall be inserted into the mesh opening with manual force until it is stopped at the tapering edges by the resistance of the mesh. The size of an individual mesh shall be the width of the gauge at the point where the gauge is stopped. 2250/95 - Art. 1 (4) 1866/86 1866/86 2178/88 - Art 1 (2) 3. The mesh size of a net shall be the average size of at least one series of 20 consecutive meshes in the direction of the long axis of the net, chosen at random. Meshes less than 10 meshes and within 50 cm from lacings, ropes or codline shall not be measured. This distance shall be measured perpendicular to the lacings, ropes or codline with the net stretched in the direction of that measure ment 4. The meshes of a net shall be measured only when the net is wet 5. An individual mesh shall not be considered under sized if the section of the gauge corresponding to the mini mum size listed in Annex IV for the species, waters and type of net concerned, passes easily through it. Article 7 Attachments to nets 1. By way of derogation from Article 5 (1) it shall be permitted to attach to the outside of the lower half of the codend of any trawl, Danish seine or similar net, any can vas, netting or other material which has the purpose of preventing or reducing wear. Such material shall be at tached along the forward and lateral edges of the codend only. 2. By way of derogation from Article 5 (1), it shall be permitted to attach to the outside of the codend and the lengthening piece a strengthening bag. A strengthening bag is a cylindrical piece of netting completely surrounding the codend and the lengthening piece. It may be made of either the same or heavier material as the codend or lengthening piece. The mesh size of the strengthening bag shall be at least twice as large as that of the codend except that its minimum mesh size shall not be less than 80 mm. A strengthening bag may be attached at the following points: (a) at its forward edge; and (b) at its rear edge; and, either (c) laced circumferentially lengthening piece around one row of meshes; or the codend and the to (d) laced longitudinally along a single row of meshes. 3. By way of derogation from Article 5 (1), it shall be permitted to use in trawls, Danish seines and similar nets a non-return net or flapper which has a mesh size smaller than that of the codend. 1866/86 The flapper may be attached either inside the codend or in front of the codend. The distance from the point of forward attachment of the flapper to the rear end of the codend shall be at least three times the length of the flapper. 1866/86 Article 8 Use of gear 1. Gear that may not be used within a certain geo graphical area or during a certain period shall be stowed away on board in such a manner that it is not ready for use in the prohibited area or during the prohibited period. Reserve gear shall be stowed away separately and in such a manner that it is not ready for use. 2. Fishing gear shall be considered not ready for use if: — in the case of trawls, Danish seines and similar nets, (a) the trawl boards are made fast to the inner or outer side of the bulwark or the gallows; and (b) sweep lines or warps are unshackled from the trawl boards or weights; — in the case of salmon-fishing gear, (a) the nets are stowed under a lashed cover; (b) the lines and hooks are kept in closed boxes; — in the case of purse seines, the main or bottom wire is unshackled from the seine. 3. It shall be prohibited, throughout the year, to fish with any trawl, Danish seine and similar net in the geo graphical area bounded by a line joining the following coordinates: 2156/91 - Art 1 54*23'N 54* 14' N 54* 17' N 54* 24' N 54* 27' N 54* 23' N 14' 35' E 14* 25' E 14* 17' E 14* 11' E 14' 25' E 14* 35' E. 4. By way of derogation from paragraph 1, during fish ing for cod, only gear authorized for fishing for cod or gear with a larger mesh size than the sizes laid down in Annex IV may be allowed to be kept on board. If there is gear on board that is not authorized for fishing for cod, the landing of cod shall be prohibited. 2250/95 - Art 1 (5) (adapted) Article 9 2178/88 - Art 1 (3) Restrictions on fishing for salmon and sea trout It shall be prohibited, in fishing for salmon (Salmo 1. salar) or sea trout (Salmo trutta): 1821/96 - Art 1 (1) — — — to use drifting or anchored nets from 15 June to 30 September in the waters of subdivisions 22 to 28, 29 south of 59* 30" N and 32, to use drifting or anchored nets from 1 June to 15 September in the waters of subdivisions 29, 30 and 31 north of 59* 3C N, to use drifting lines and anchored lines from 1 April to 15 November in the waters of subdivisions 22 to 31, — to use drifting lines and anchored lines from 1 July to 15 September in the waters of subdivision 32. The area of prohibition during the closed season is beyond four nautical miles measured from the baselines, except in subdivision 32 and the area east of longitude 22* 3C E (Bengtskâr lighthouse) inside the Finnish fishery zone where fishing with drift!ines and anchored lines is prohib ited from 1 July to 15 September. It shall be prohibited, in fishing for salmon (Salmo 2. salar) or sea trout (Salmo trutta): 2178/88 - Art 1 (3) — where fishing is conducted using anchored floating nets and drift nets, to use more than 600 nets at once per vessel, the length of each net not exceeding 35 metres measured in the gear's headrope. In addi tion to the number of nets permitted for fishing, not more than 100 reserve nets may be kept on board, — where fishing is conducted by means of drifting lines or anchored lines, to use more than 2 000 hooks at once per vessel. Hooks on drifting lines and anchored lines shall have a minimum distance between the point and the shaft of at least 19 mm. In addition to the number of hooks permitted in fishing, a maximum of 200 reserve hooks may be kept on board. General Provisions 1866/86 Article 10 It shall be prohibited to fish directly for cod and flat 1. fish (Pleuronectidae) with the intention of landing them for purposes other than human consumption. 10 2. Explosives, poisonous or stupefying substances may not be used for the purpose of catching fish. 1866/86 (adapted) (adapted) It shall be prohibited to use anchored or drifting gear identification 3. without marking it with buoys or other marks. 4. It shall be prohibited to release exotic species into the Baltic Sea, the Belts and the Sound or to fish for exotic species and sturgeon, unless authorized by the rules adopted in accordance with the procedure referred to in Article 13 and with the obligations arising from the Gdansk Convention. Exotic species are defined as those which do not occur naturally in the Baltic Sea, the Belts and the Sound. Article 11 This Regulation shall not apply to fishing operations con ducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State or Member States con cerned and of which the Commission and the Member State or Member States in whose waters the research is carried out have been informed in advance. Fish, crustaceans and molluscs caught for the purposes specified in the first paragraph may be sold, stored, dis played or offered for sale provided that: — they meet the standards laid down in Annexes II and HI and the marketing standards adopted pursuant to Article 2 of Council Regulation (EEC) No 3759/92 (!), or — they are sold directly for purposes other than human consumption. A vessel conducting any of the operations referred to in the first paragraph must carry on board an authorization issued by the Member State whose flag the vessel is flying. Article 12 This Regulation shall not apply to fishing operations car ried out during the course of artificial restocking or trans plantation of fish, crustaceans or molluscs. Fish, crustaceans and molluscs caught for the purposes set out in the first paragraph may not be sold for human con sumption in contravention of the other provisions of this Regulation. 2178/88 - Art 1 (4) Article 13 1. Member States may take measures for the conserva tion and management of stocks where such measures con cern: 1866/86 (adapted) (!) OJ No L 388,31. 12. 1992, p. 1. 11 (a) strictly local stocks of value only to the fishermen of 1866/86 the relevant Member State; or (adapted) (adapted) (b) conditions or procedures designed to limit catches by technical measures: (i) supplementing those defined in Community fish eries regulations; or (ii) going beyond minimum requirements set out in such regulations, provided that such measures are applicable solely to the fishermen of the Member State concerned, are compatible with Community law and consistent with the common fish eries policy or with obligations under the Gdansk Conven tion. 2. The Commission shall be informed of any draft for the introduction or amendment of national technical measures early enough to make its comments. If within one month after such notification the Commission so requests, the Member State concerned shall suspend the entry into force of the planned measures for three months from the date of notification to enable the Commission to rule within this time limit on the compatibility of the measures with the provisions of paragraph 1. Where the Commission finds, in a decision of which it must inform the other Member States, that a planned measure does not comply with the provisions of paragraph 1, the Member State concerned may not implement the measure without making the necessary changes. The Member State concerned shall communicate without delay to the other Member States and the Commission the measures adopted, where appropriate after making the necessary changes. 3. The Member States shall supply to the Commission, on its request, all information needed for the assessment of whether the national technical measures comply with the provisions of paragraph 1. 4. At the initiative of the Commission or on a request from any Member State, the question of whether a nation al technical measure implemented by a Member State complies with the provisions of paragraph 1 may be re ferred to the Management Committee for examination in accordance with Article 17 of Regulation (EEC) No 3760/92, and a decision may be taken in accordance with the procedure laid down in Article 18 of that Regulation. Where such a decision is taken, the third and fourth sub paragraphs of paragraph 2 shall apply mutatis mutandis. 5. Where the Commission finds that a measure notified does not comply with the provisions of paragraph 1, it shall adopt a decision, within not more than one year from the date of notification of the measure, to the effect that the Member State must terminate or amend the measure within a time limit which the Commission shall indicate. The provisions of the fourth subparagraph of paragraph 2 shall apply mutatis mutandis. 12 6. Measures concerning aquaculture and fishing from the shore shall be notified by the Member State to the Com mission for information purposes only. 1866/86 Aquaculture' shall be taken to mean the farming of fish, crustaceans or molluscs in salt or brackish water. Article 14 Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92. (adapted) Article 15 Regulation (EEC) No 1866/86 is hereby repealed References to the said Regulation shall be construed as references to this Regulation and should be read in ac cordance with the correlation table set out in Part A of Annex VI. Article 16 This Regulation enters into force on the twentieth day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President 13 — — ^ — — m mi i y. i^ y47V7V£AT/ SUBDIVISIONS OF THE GEOGRAPHICAL AREA REFERRED TO IN ARTICLE 1 1866/86 (adapted) Subdivision 22 2250/95 - Art 1 (6) (adapted) 2250/95 - Art 1 (6) (adapted) The waters bounded by a line drawn from Hasenpre Head (56* 09' N, 10" 44' E) on the east coast of Jutland to Gni- ben Point (56* 01' N, 11° 18' E) on the west coast of Zea land; then along the west coast and south coast of Zealand to a point situated at longitude 12* 00' E; from there, due south to the island of Falster; then along the east coast of the (54* 34' N, 11* 58' E); then due east to longitude 12* 00' E; then due south to the coast of Germanv: then in a south-westerlv direction along the coast of Germanv and the east coast of Jutland as far as the point of departure. to Gedser Odde island of Falster Subdivision 23 The waters bounded by a line drawn from Gilbjerg Head (56*08'N, 12* 18'E) on the north coast of Zealand to Kullen (56* 18' N, 12* 28' E) on the coast of Sweden; then in a southerly direction along the coast of Sweden to the Falsterbo lighthouse (55* 23' N, 12* 50* E); then through the southern entrance to the Sound to the Stevns light house (55* 19' N, 12° 28' E) on the coast of Zealand; then in a northerly direction along the east coast of Zealand as far as the point of departure. Subdivision 24 The waters bounded by a line drawn from the Stevns light house (55* 1 9 ^, 12* 28'E) on the east coast of Zealand through the southern entrance to the Sound to the Falster bo lighthouse (55* 23' N, 12* 507 E) on the coast of Swe den; then along the south coast of Sweden to the Sand- hammaren lighthouse (55* 24' N, 14* 12' E); from there to the Hammerodde lighthouse (55* 18' N, 14* 47' E) on the north coast of Bornholm; then along the west and south coasts of Bornholm to a point situated at longitude 15* 00' E; from there due south to the coast of Poland; then in a westerly direction along the coasts of Poland and Germany to a point situated at longitude 12* 007 E; then due north to a point situated at latitude 54* 34' N and lon gitude 12* OO7 E; then due west (54*34'N, 11*58'E); from there, along the east and north coast of the island of Falster to a point situated at longitude 12* 00' E; from there, due north to the south coast of Zealand; then in a westerly and northerly direc tion along the west coast of Zealand as far as the point of departure. to Gedser Odde 14 Subdivision 25 1866/86 The waters bounded by a line drawn from a point on the east coast of Sweden at latitude 56* 3ff N and proceeding due east to the west coast of the island of Ôland; then, after passing south of the island of Ôland to a point on the east coast situated at latitude 56* 30v N, due east to longitude 18* Off E; then due south to the coast of Poland; then in a westerly direction along the coast of Poland to a point situated at longitude 15* Off E; then due north to the island of Bornholm; then along the south and west coasts of Bornholm to the Hammerodde lighthouse (55* 18' N, 14* 47' E); lighthouse (55* 24' N, 14* 12' E) on the south coast of Sweden; then in a northerly direction along the east coast of Sweden as far as the point of departure. the Sandhammaren then to (adapted) Subdivision 26 The waters bounded by a line drawn from a point situated at latitude 56* 3ff N and longitude 18* Off E and proceed ing due east to the west coast of the former USSR; then in a southerly direction along the coasts of the former USSR and Poland to a point on the Polish coast situated at longi tude 18* Off E; then due north as far as the point of de parture. Subdivision 27 The waters bounded by a line drawn from a point on the east mainland coast of Sweden situated at latitude 59* 41' N and longitude 19* Off E and proceeding due south to the north coast of the island of Gotland; then in a southerly direction along the west coast of Gotland to a point situated at latitude 57* Off N ; then due west to lon gitude 18* Off E; then due south to latitude 56"3ffN; then due west to the east coast of the island of Ôland; then, after passing south of the island of Ôland, to a point on its west coast situated at latitude 56* 3ff N; then due west to the coast of Sweden; then in a northerly direction along the east coast of Sweden as far as the point of de parture. 15 1866/86 (adapted) (adapted) Subdivision 28 The waters bounded by a line drawn from a point situated at latitude 58* 3ff N and longitude 19" Off E and proceed ing due east to the west coast of the island of Saaremaa; then, after passing north of the island of Saaremaa, to a point on its east coast situated at latitude 58* 3ff N; then due east to the coast of the former USSR; then in a south erly direction along the west coast of the former USSR to a point situated at latitude 56* 3ff N; then due west to longitude 18* Off E; then due north to latitude 57* Off N; then due east to the west coast of the island of Gotland; then in a northerly direction to a point on the north coast of Gotland situated at longitude 19* Off E; then due north as far as the point of departure. Subdivision 29 The waters bounded by a line drawn from a point on the latitude east mainland coast of Sweden situated at 60° 30' N and proceeding due east to the mainland coast of Finland; then in a southerly direction along the west and south coasts of Finland to a point on the south main land coast situated at longitude 23* Off E; then due south to latitude 59* Off N; then due east to the mainland coast of the former USSR; then in a southerly direction along the west coast of the former USSR to a point situated at latitude 58* 3ff N; then due west to the east coast of the island of Saaremaa; then, after passing north of the island of Saaremaa, to a point on its west coast situated at lati tude 58' 3ff N; then due west to longitude 19* Off E; then due north to a point on the east mainland coast of Sweden situated at latitude 59* 41' N; then in a northerly direction along the east coast of Sweden as far as the point of de parture. Subdivision 30 The waters bounded by a line drawn from a point on the east coast of Sweden situated at latitude 63*3ffN and proceeding due east to the mainland coast of Finland; then in a southerly direction along the coast of Finland to a point situated at latitude 60* 3ff N; then due west to the mainland coast of Sweden; then in a northerly direction along the east coast of Sweden as far as the point of de parture. 16 Subdivision 31 1866/86 The waters bounded by a line drawn from a point on the east coast of Sweden situated at latitude 63* 3ffN and proceeding, after passing north of the Gulf of Bothnia, to a point on the west mainland coast of Finland situated at latitude 63* 3ff N ; then due west as far as the point of departure. Subdivision 32 The waters bounded by a line drawn from a point on the south coast of Finland situated at longitude 23* Off E and proceeding, after passing east of the Gulf of Finland, to a point on the west coast of the former USSR situated at latitude 59* Off N; then due west to longitude 23* Off E; then due north as far as the point of departure. (adapted) 17 ANNEX II 1866/86 BOUNDARIES OF CERTAIN GEOGRAPHICAL AREAS REFERRED TO IN ARTICLE 2 Boundaries of the geographical areas, in the Sound, the Great Belt and the Little Belt, as regards fishing for fe male flounder and female plaice: 2244/87 - Art 1 (5) — Falsterbo lighthouse — Stevns lighthouse — Jungshoved — B0genaessand — Hestehoved lighthouse — Maddes Klint — Skelby church — Flinthorne Odde — Kappel church — Gulstav — Ristingehale — /43r0hale — Skjoldnaes — P0ls Huk — Christian X bridge, S0nderborg 18 ANNEX III 2250/95 - Art 1 (7) MINIMUM SIZES REFERRED TO IN ARTICLE 3 (1) (adapted). c Speaes *^. Waters Minimum sac Cod (Gadus morhua) all subdivisions south of lati- 35 cm tude 59*30^ Flounder (Platichthys flesus) subdivisions 22 to 25 subdivisions 26 to 28 subdivisions 29 and 32 south of latitude 59* 3ff N 25 cm 21 cm 18 cm Plaice (Pleuronectes platessa) subdivisions 22 to 25 25 cm subdivisions 26 to 28 subdivisions 29 and 32 south of latitude 59* 3ff N Turbot (Psetta maxima) subdivisions 22 to 32 Brill (Scophthalmus rhombus) subdivisions 22 to 32 Eel (Anguilla anguilla) subdivisions 22 to 32 Salmon (Salmo salar) subdivisions 22 to 32 21 cm 18 cm 30 cm 30 cm 35 cm 60 cm 19 ANNEX IV 2250/95 - Art 1 (8) MINIMUM MESH SIZE PROVIDED FOR IN ARTICLE 5 (adapted) Species iype of net Cod morhua) (Gadus subdivisions 22 to 32 gillnets subdivisions 22 to 32 subdivisions 22 to 32 Flatfish (Pleuro nectidae) subdivisions 22 to 27 subdivision 28 subdivisions 29 and 32 south of latitude 59*3ffN subdivisions 22 to 32 Herring (Clupea harengus) subdivisions 22 to 27 trawls, Danish seines and simi lar nets (*) trawls, Danish seines, and simi lar nets trawls, Danish seines, similar nets and gillnets trawls, Danish seines, similar nets and gillnets gillnets trawls, Danish seines and simi lar nets trawls, Danish seines and simi lar nets (1) trawls, Danish seines and simi lar nets subdivisions 28 and 29 south of latitude 59*3ffN trawls, Danish seines and simi lar nets subdivisions 30 to 32 and subdi vision 29 north of latitude 59*3ffN trawls, Danish seines and simi lar nets Minimum mesh size. Length of long diagonal 105 mm 105 mm 120 mm (2) 120 mm (2) (3) 110 mm 100 mm 110 mm 105 mm (4) 32 mm 28 mm 16 mm Sprat sprattus) (Sprattus subdivisions 22 to 32 trawls, Danish seines and simi lar nets 16 mm 20 Species Waters Type of net Salmon salar) (Salmo subdivisions to 32 22 anchored ing nets driftnets float and Minimum mesh size. Length of long diagonal 157 mm 2250/95 - A it 1 (8) (*) Nets fitted with devices such as exit windows or structures that comply with the provisions of Annex V, capable of guaranteeing a SO % retention length of not less than 38 cm. (2) Mesh size applicable to all meshes in the final 8 m of the codend, measured from the codline, the meshes being stretched according to the longitudinal centreline of the net (3) With the exception of subdivisions 22 and 23 where sole fishing is author ized with a mesh size not smaller than 90 mm. (4) With the exception of subdivisions 22 - 24 where normal trawls and Danish 1821/96 - A rt 1 (2) seines with a mesh opening of 90 mm are allowed. 21 ANNEX V 2250/95 - Art 1 (9) SPECIAL SELECTIVITY DEVICES In order to guarantee the selectivity of trawls, Danish seines and similar nets with special mesh openings as re ferred to in Annex IV, the two models of exit windows below are authorized: Exit window (model 1) Two exit windows with plastic coated, fully opened dia mond meshes shall be attached to the codend of trawls and Danish seines in the cod fishery. The mesh opening shall be no less than 105 mm. The exit windows shall be attached with a separate piece of netting (between the or dinary diamond meshes and the meshes of the exit win dow). The mesh size of the separate netting shall be iden tical to the bar length of the exit window times the square root of two. the distance between The exit windows shall be attached on both sides of the codend, and the rear end of the codend and the window shall be 40 to 50 cm. The length of the window shall be 80 % of the total length of the codend and the height of the window shall be 50 cm. The window shall be mounted in a way that gives an open ing between the upper and lower seams of the window of 15 to 20 cm. Exit window (model 2) Identification The windows shall be rectangular sections of netting in the codend. There shall be two windows in the codend. Size Each window shall have a minimum width of 45 cm along its entire length. Each window shall have a minimum length of 3,5 m measured along its sides (Figure 1 of Dia gram 2). Netting The meshes in the windows shall have a minimum size of 105 mm. They shall be square meshes, i. e. all four sides of the window netting will be cut by all bars (Figure 2 of Diagram 2). The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend (Figure 2). The window width shall be eight open square meshes. The length shall be between 57 and 62 square meshes (Figure 2 of Diagram 2). Location The codend shall be divided into upper and lower panels by selvedges running down the port and starboard sides (Figure 1 of Diagram 2). The two windows shall be lo cated in the lower panel, immediately adjacent to and be low the selvedges (Figure 1 of Diagram 2). The windows shall terminate a minimum of 2 m and a maximum of 2,5 m from the codline. 22 2250/95 - Art. 1 (9) The forward end of the window shall be joined to eight meshes' width of the normal codend netting (Figure 3 of Diagram 2). One side shall join to the selvedge or be joined immediately adjacent to the selvedge and the other side shall be joined to the normal codend lower panel net ting following a straight all knots cut Mesh size in the whole codend All parts of the codend shall conform to a minimum mesh size of 105 mm. 23 Diagram 1 2250/95 - Art. 1 (9) (Exit Window-Model 1) 40-50 cm 15-20 cm 50 cm Diagram 2 2250/95 - Art. 1 (9) (Exit Window-Model 2) Figure 1 : Position of the square mesh windows in the codend A suggested specification lifting strop *=C 0,3 m Windows 3,54 m 1,8 m 0,3 m Square mesh windows are 0,48 m high Codend cross section 4 meshes in selvedge 4 meshes in selvedge 8 meshes for window of square meshes Figure 2 : Netting in the square mesh windows 2250/95 - Art. 1 (9) (adapted) A suggested specification Square mesh window 8 x 59 square meshes 60 mm half mesh 0 4mm double polyetheicne 107 mm inside mesh size All four sides reinforced with 8 nun polypropylene rope 26 Figure 3 : Inserting the window in the codend 2250/95 - Art. 1 (9) (adapted) A suggested specification Selvedge Forward end of codend ! EEEEEEÏE) 11111111) ) Square mesh window ; Codend j 100 meshes in 60 mm half mesh I 49 Vi meshes long (6 m) j 0 4mm double polyethelene 107 mm inside mesh sire ! ill knots 354 cm stretched length all knots ) ) ) 1 ! —i r~i r~! H n. , n n Rings for the lifting becket Lower panel J 4 , 27, mesh -. so cm 29% mesh - 3 54 cm 2% mesh " - 30 cm 15 mesh - 1 80 cm Opening for square mesh windows 8 meshes wide x 29% meshes long Codline Centre line of lower panel 27 ANNEX VI Part A CORRELATION TABLE Regulation (EEC) No 1866/86 This Regulation Article 1 Article 2 (1) Article 2 (la) Article 2 (2) Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Annex I Annex II Annex III Annex IV (a) Annex IV (b) Annex V Article 1 Article 2 (1) Article 2 (2) Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Annex I Annex II Annex III Annex IV Annex V Annex VI 28 Part B Regulations amending Regulation (EEC) No 1866/86 CouncU Regulation (EEC) No 2244/87 of 23 July 1987 CouncU Regulation (EEC) No 2178/88 of 18 Jury 1988 CouncU Regulation (EEC) No 887/89 of 5 April 1989 CouncU Regulation (EEC) No 2156/91 of 15 Jury 1991 CouncU Regulation (EC) No 2250/95 of 18 September 1995 CouncU Regulation (EC) No 1821/96 of 16 September 1996 Official Journal No page date L207 L191 L94 L201 L230 L241 15 29. 7. 1987 7 4 1 1 8 22. 7. 1988 7. 4. 1989 24. 7. 1991 27. 9. 1995 21. 9. 1996 29 ISSN 0254-1475 COM(97) 139 final DOCUMENTS EN 03 11 14 01 Catalogue number : CB-CO-97-133-EN-C ISBN 92-78-17934-5 Office for Official Publications of the European Communities L-2985 Luxembourg 3o