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 Sound
15. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 9/1 I (Acts whose publication is obligatory) 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 Sound THE COUNCIL OF THE EUROPEAN UNION, the maritime waters within its jurisdiction or under its sovereignty; Having regard to the Treaty establishing the European Community, Having regard to the proposal from the Commission, Having regard to the opinion of liament (1), the European Par- Having regard to the opinion of the Economic and Social 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 frequently and substantially amended; whereas for reasons of clarity and rationality the said Regulation should be consolidated; (2) Whereas, pursuant to 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 adopt- ing, in the light of the available scientific advice, the conservation measures necessary to ensure the rational and responsible exploitation of living marine aquatic resources on a sustainable basis; whereas, to that end, the Council may lay down technical measures con- cerning 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 (1) OJ C 304, 6. 10. 1997, p. 32. (2) OJ C 296, 29. 9. 1997, p. 31. (3) OJ L 162, 18. 6. 1986, p. 1. Regulation as last amended by Re- gulation (EC) No 1821/96 (OJ L 241, 21. 9. 1996, p. 8). (4) OJ L 389, 31. 12. 1992, p. 1. Regulation as amended by the 1994 Act of Accession. (4) Whereas the accession of the Community to the Convention on Fishing and Conservation of the Living Resources 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 referred to as ‘the Gdansk Conven- tion’, was approved by Council Decision 83/414/ EEC (5); (5) Whereas the Gdansk Convention entered into force in respect of 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 conservation 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 September 1995, notified the Contracting Parties of certain recommendations to modify those technical measures; (7) Whereas the Gdansk Convention provides that the Community must give effect to the said recommenda- tions 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 minimising catches of small fish is to prohibit fishing in those areas where they are heavily concentrated, (5) OJ L 237, 26. 8. 1983, p. 4. L 9/2 ‹ EN ‹ Official Journal of the European Communities 15. 1. 98 HAS ADOPTED THIS REGULATION: Article 1 — all fishermen in the waters of this area which lie under the sovereignty or jurisdiction of the Member States. Definition of the geographical area The geographical area is divided into 11 subdivisions 3. numbered 22 to 32 which are described in Annex I. This Regulation concerns the taking and landing of 1. fishery resources occurring in the waters of the Baltic Sea, the Belts and the Sound bounded to the west by a line drawn from Hasenøre Head to Gniben Point, from Korshage to Spodsbjerg and from Gilbjerg Head to the Kullen. It does not apply to waters within the baselines. Article 2 Ban on fishing for certain species in certain geo- graphical areas during certain periods 2. It applies to: — Community fishermen in the geographical area described in paragraph 1, 1. It shall be prohibited to retain on board the follo- wing species of fish which have been taken in the waters and during the periods listed below: Species Waters Period of prohibition Flounder (Platichthys flesus) Subdivision 26 1 February to 30 April Flounder Flounder Subdivision 28 and 29 south of 59H 30Y N latitude 1 February to 30 April Subdivision 32 1 February to 30 June Female flounder Subdivision 22 except for the geographical area described in Annex II 1 February to 30 April Plaice (Pleuronectes platessa) Subdivision 26 1 February to 30 April Plaice Female plaice Subdivisions 27, 28 and 29 south of latitude 59H 30Y N 1 February to 30 April Subdivision 22 except for the geographical area described in Annex II and subdivisions 24 and 25 1 February to 30 April Turbot (Psetta maxima) Subdivisions 22, 24, 25 and 26 1 June to 31 July Brill (Scophtalmus rhombus) 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. Article 3 Minimum fish sizes 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, preserved, 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. 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. 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. 15. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 9/3 5. The by-cach 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 undersized cod shall be kept on board. of the latter, the width shall be inscribed every 1 mm interval, and the indication of the width shall appear at regular intervals. Article 4 Determination of by-catch percentage The percentage of 1. the by-catches referred to in Article 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. The percentage of the by-catches referred to in 2. Article 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. 3. Detailed rules for the determination of percentage by-catches may be adopted in accordance with the pro- cedure referred to in Article 13. Article 5 Minimum mesh size 1. It shall be prohibited to use or to tow any trawl, Danish 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. Article 6 Measurement of mesh size 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 diagonally 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. 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 measures. This distance shall be measured perpendicular to the lacings, ropes or codline with the net stretched in the direction of that measure- ment. The meshes of a net shall be measured only when 4. the net is wet. 5. An individual mesh shall not be considered under- sized if the section of the gauge corresponding to the minimum size listed in Annex IV for the species, waters and type of net concerned, easily passes through it. Article 7 Attachments to nets By way of derogation from Article 5(1) it shall be 1. permitted to attach to the outside of the lower half of the codend of any trawl, Danish seine or similar net, any canvas, netting or other material which has the purpose of reducing wear. Such material shall be preventing or the attached along the forward and lateral edges of codend only. 1. During the 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 By way of derogation from Article 5(1), it shall be 2. permitted to attach to the outside of the codend and the lengthening piece as strengthening bag. A strengthening bag is a cylindrical piece of netting completely sur- rounding the codend and the lengthening piece. It may be made of either the same or heavier material as the codend or 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. lengthening piece. The mesh size of L 9/4 ‹ EN ‹ Official Journal of the European Communities 15. 1. 98 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 to the codend and the length- ening piece around one row of meshes; or (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. 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. 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 unschackled 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 unschackled from the seine. It shall be prohibited throughout the year, to fish 3. with any trawl, Danish seine and similar net in the geographical area bounded by a line joining the following coordinates: 54H 23Y N 54H 14Y N 54H 17Y N 54H 24Y N 54H 27Y N 54H 23Y N 14H 35Y E 14H 25Y E 14H 17Y E 14H 11Y E 14H 25Y E 14H 35Y E 4. By way of derogation from paragraph 1, during fishing for cod, only gear authorised for fishing for cod or gear with a larger mesh size than the sizes laid down in Annex IV may be alowed to be kept on board. If there is gear on board that is not authorised for fishing for cod, the landing of cod shall be prohibited. Article 9 Restrictions on fishing for salmon and sea trout It shall be prohibited, in fishing for salmon (Salmo 1. salar) or sea trout (Salmo trutta): — to use drifting or anchored nets from 15 June to 30 September in the waters of subdivisions 22 to 28, 29 south of 59H 30Y 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 59H 30Y 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 22H 30Y E (Bengtskär the Finnish lighthouse) fishery zone where fishing with driftlines and anchored lines is prohibited from 1 July to 15 September. inside It shall be prohibited, in fishing for salmon (Salmo 2. salar) or sea trout (Salmo trutta): — 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 addition 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. 15. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 9/5 General provisions Article 12 Article 10 It shall be prohibited to fish directly for cod and landing 1. flatfish (Pleuronectidae) with the intention of them for purposes other than human consumption. This Regulation shall not apply to fishing operations carried out during the course of artificial restocking or transplantation of fish, crutaceans or molluscs. Fish, crustaceans and molluscs caught for the purposes set out in the first paragraph may not be sold for human consumption in contravention of the other provisions of this Regulation. Explosives, poisonous or stupefying substances may 2. not be used for the purpose of catching fish. Article 13 3. It shall be prohibited to use anchored or drifting gear without marking it with buoys or other identification marks. 1. Member States may take measures for the conserva- tion and management of stocks where such measures concern: 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 authorised 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 conducted solely for the purpose of scientific investiga- tions 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 paragraph 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 Regulation (EEC) No 3759/92 (1), or — they are sold directly for purposes other than human consumption. (a) strictly local stocks of value only to the fishermen of the relevant Member State; or (b) conditions or procedures designed to limit catches by technical measures: (i) supplementing those defined in Community fish- eries Regulations; or (ii) going beyong 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 fisheries policy or with obligations under the Gdansk Convention. The Commission shall be informed of any draft for technical 2. the introduction or amendment of national measures early enough to make its comments. If within one month after such notification the Commis- sion 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 com- patibility 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 para- graph 1, the Member State concerned may not implement the measure without making the necessary changes. A vessel conducting any of the operations referred to in the first paragraph must carry on the board an authorisa- tion issued by the Member State whose flag the vessel is flying. 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. (1) Regulation (EEC) No 3759/92 of 17 December 1992 on the common organisation of the market in fishery and aquacul- ture products (OJ L 388, 31. 12. 1992, p. 1). Regulation as last amended by Regulation (EC) No 3318/94 (OJ L 350, 31. 12. 1994, p. 15). 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. L 9/6 ‹ EN ‹ Official Journal of the European Communities 15. 1. 98 At the initiative of the Commission or on a request 4. from any Member State, the question of whether a national technical measure implemented by a Member State complies with the provisions of paragraph 1 may be referred 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 subparagraphs of paragraph 2 shall apply mutatis mutandis. 5. Where the Commission finds that a measure noti- fied 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 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. the Member State must 6. Measures concerning aquaculture and fishing from the shore shall be notified by the Member State to the Commission for information purposes only. ‘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. 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 20th day fol- lowing 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, 18 December 1997. For the Council The President F. BODEN 15. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 9/7 ANNEX I SUBDIVISIONS OF THE GEOGRAPHICAL AREA REFERRED TO IN ARTICLE 1 Subdivision 22 The waters bounded by a line drawn from Hasenøre Head (56H 09Y N, 10H 44Y E) on the east coast of Jutland to Gniben Point (56H 01Y N, 11H 18Y E) on the west coast of Zealand; then along the west coast and south coast of Zealand to a point situated at longitude 12H 00Y E; from there, due south to the island of Falster; then along the east coast of the island of Falster to Gedser Odde (54H 34Y N, 11H 58Y E); then due east to longitude 12H 00Y E; then due south to the coast of Germany; then in a south-westerly direction along the coast of Germany and the east coast of Jutland as far as the point of departure. Subdivision 23 The waters bounded by a line drawn from Gilbjerg Head (56H 08Y N, 12H 18Y E) on the north coast of Zealand to Kullen (56H 18Y N, 12H 28Y E) on the coast of Sweden; then in a southerly direction along the coast of Sweden to the Falsterbo lighthouse (55H 23Y N, 12H 50Y E); then through the southern entrance to the Sound to the Stevns lighthouse (55H 19Y N, 12H 28Y 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 lighthouse (55H 19Y N, 12H 28Y E) on the east coast of Zealand through the southern entrance to the Sound to the Falsterbo lighthouse (55H 23Y N, 12H 50Y E) on the coast of Sweden; then along the south coast of Sweden to the Sandhammaren lighthouse (55H 24Y N, 14H 12Y E); from there to the Hammerodde lighthouse (55H 18Y N, 14H 47Y E) on the north coast of Born- holm; then along the west and south coasts of Bornholm to a point situated at longitude 15H 00Y 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 12H 00Y E; then due north to a point situated at latitude 54H 34Y N and longit- ude 12H 00Y E; then due west to Gedser Odde (54H 34Y N, 11H 58Y E); from there, along the east and north coast of the island of Falster to a point situated at longitude 12H 00Y E; from there, due north to the south coast of Zealand; then in a westerly and northerly direction along the west coast of Zealand as far as the point of departure. Subdivision 25 The waters bounded by a line drawn from a point on the east coast of Sweden at latitude 56H 30Y N and proceeding due east to the west coast of the island of Öland; then, after passing south of the island of Öland to a point on the east coast situated at latitude 56H 30Y N, due east to longitude 18H 00Y 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 15H 00Y E; then due north to the island of Bornholm; then along the south and west coasts of Bornholm to the Hammerodde lighthouse (55H 18Y N, 14H 47Y E); then to the Sandhammaren lighthouse (55H 24Y N, 14H 12Y 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. Subdivision 26 The waters bounded by a line drawn from a point situated at latitude 56H 30Y N and longitude 18H 00Y E and proceeding 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 longitude 18H 00Y E; then due north as far as the point of departure. Subdivision 27 The waters bounded by a line drawn from a point on the east mainland coast of Sweden situated at latitude 59H 41Y N and longitude 19H 00Y 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 57H 00Y N; then due west to longitude 18H 00Y E; then due south to latitude 56H 30Y N; then due west to the east coast of the island of Öland; then, after passing south of the island of Öland, to a point on its west coast situated at lat- itude 56H 30Y 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 departure. L 9/8 ‹ EN ‹ Official Journal of the European Communities 15. 1. 98 Subdivision 28 The waters bounded by a line drawn from a point situated at latitude 58H 30Y N and longitude 19H 00Y E and proceeding 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 58H 30Y N; then due east to the coast of the former USSR; then in a southerly direction along the west coast of the former USSR to a point situated at latitude 56H 30Y N; then due west to longitude 18H 00Y E; then due north to latitude 57H 00Y 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 19H 00Y 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 east mainland coast of Sweden situated at latitude 60H 30Y 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 mainland coast situated at longitude 23H 00Y E; then due south to latitude 59H 00Y 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 58H 30Y 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 latitude 58H 30Y N; then due west to longitude 19H 00Y E; then due north to a point on the east mainland coast of Sweden situated at latitude 59H 41Y N; then in a northerly direction along the east coast of Sweden as far as the point of departure. Subdivision 30 The waters bounded by a line drawn from a point on the east coast of Sweden situated at latitude 63H 30Y N 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 60H 30Y 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 departure. Subdivision 31 The waters bounded by a line drawn from a point on the east coast of Sweden situated at latitude 63H 30Y N and proceeding, after passing north of the Gulf of Bothnia, to a point on the west mainland coast of Finland situated at latitude 63H 30Y 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 23H 00Y 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 59H 00Y N; then due west to longitude 23H 00Y E; then due north as far as the point of departure. 15. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 9/9 ANNEX II 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 female flounder and female plaice: — Falsterbo lighthouse — Stevns lighthouse — Jungshoved — Bøgenæssand — Hestehoved lighthouse — Maddes Klint — Skelby church — Flinthorne Odde — Kappel church — Gulstav — Ristingehale — Ærøhale — Skjoldnæs — Pøls Huk — Christian X bridge, Sønderborg ANNEX III MINIMUM SIZES REFERRED TO IN ARTICLE 3(1) Species Waters Minimum size Cod (Gadus morhua) All subdivisions south of latitude 59H 30Y N 35 cm Flounder (Platichthys flesus) Subdivisions 22 to 25 Subdivisions 26 to 28 25 cm 21 cm Subdivisions 29 and 32 south of 59H 30Y N latitude 18 cm Plaice (Pleuronectes platessa) Subdivisions 22 to 25 Subdivisions 26 to 28 25 cm 21 cm Subdivisions 29 and 32 south of 59H 30Y N latitude 18 cm 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 30 cm 30 cm 35 cm 60 cm L 9/10 ‹ EN ‹ Official Journal of the European Communities 15. 1. 98 ANNEX IV MINIMUM MESH SIZE PROVIDED FOR IN ARTICLE 5 Species Waters Type of net Cod (Gadus morhua) Subdivisions 22 to 32 Gillnets Subdivisions 22 to 32 Subdivisions 22 to 32 Flatfish (Pleuronectidae) Subdivisions 22 to 27 Subdivision 28 Subdivisions 29 and 32 south of latitude 59H 30Y N Subdivisions 22 to 32 Herring (Clupea harengus) Subdivisions 22 to 27 Trawls, Danish seines similar nets (1) Trawls, Danish seines similar nets and and Trawls, Danish seines, similar nets and gillnets Trawls, Danish seines, similar nets and gillnets Gillnets Trawls, Danish seines similar nets Trawls, Danish seines similar nets (1) Trawls, Danish seines similar nets and and and and and Subdivisions 28 and 29 south of latitude 59H 30Y N Trawls, Danish seines similar nets Subdivisions 30 to 32 and subdivision 29 north of latit- ude 59H 30Y N Trawls, Danish seines similar 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 16 mm 157 mm Sprat (Sprattus sprattus) Subdivisions 22 to 32 Salmon (Salmo salar) Subdivisions 22 to 32 Trawls, Danish seines similar nets and Anchored floating nets and driftnets (1) Nets fitted with devices such as exit windows or structures that comply with the provisions of Annex V, capable of guaranteeing a 50 % 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 streched accord- ing to the longitudinal centreline of the net. (3) With the exception of subdivisions 22 and 23 where sole-fishing is authorised with a mesh size not smaller than 90 mm. (4) With the exception of subdivisions 22 to 24 where normal trawls and Danish seines with a mesh opening of 90 mm are allowed. 15. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 9/11 ANNEX V SPECIAL SELECTIVITY DEVICES In order to guarantee the selectivity of trawls, Danish seines and similar nets with special mesh openings as referred to in Annex IV, the two models of exit windows below are authorised: Exit window (model 1) Two exit windows with plastic coated, fully opened diamond 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 ordinary diamond meshes and the meshes of the exit window). The mesh size of the separate netting shall be identical to the bar length of the exit window times the square root of two. The exit window shall be attached on both sides of the codend, and the distance between 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 opening 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 diagram 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 located in the lower panel, immediately adjacent to and below 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. 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 netting following a straight line of meshes all knots cut. Mesh size in the whole codend All parts of the codend shall conform to a minimum mesh size of 105 mm. L 9/12 ‹ EN ‹ Official Journal of the European Communities 15. 1. 98 Diagram 1 Exit window — Model 1 40-50 cm L 5 0,8 L ordinary diamond meshes separate piece of netting exit window (opened diamond meshes) 15-20 cm 15-20 cm 50 cm 15. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 9/13 Diagram 2 Exit window — Model 2 Figure 1: Position of the square mesh windows in the codend A suggested specification lifting strop Extension Codend selvedge 0,3 m Windows 3,54 m 1,8 m 0,3 m Square mesh windows are 0,48 m high Codend cross section 46 open meshes Total: 100 meshes round 4 meshes in selvedge 8 meshes for window of square meshes 30 open meshes 4 meshes in selvedge 8 meshes for window of square meshes L 9/14 ‹ EN ‹ Official Journal of the European Communities 15. 1. 98 Figure 2: Netting in the square mesh windows A suggested specification Square mesh window 8 5 59 square meshes 60 mm half mesh Ø 4 mm double polyethylene 107 mm inside mesh size All four sides reinforced with 8 mm polypropylene rope 48 cm F r o n t U p p e r s e l v e d g e A l l b a r s 3 5 4 c m A l l b a r s A l t All bars 15. 1. 98 ‹ EN ‹ Official Journal of the European Communities L 9/15 Figure 3: Inserting the window in the codend A suggested specification Selvedge Forward end of codend Square mesh window all knots all knots 354 cm stretched length Rings for the lifting becket Codend in 120 mm 100 meshes in 60 mm half mesh 491/2 meshes long (6 m) Ø 4 mm double polyethylene 107 mm inside mesh size Lower panel 21/2 mesh – 30 cm 291/2 mesh – 354 cm 21/2 mesh – 30 cm 15 mesh – 180 cm Opening for square mesh windows 8 meshes wide H 291/2 meshes long Codline Centre line of lower panel L 9/16 ‹ EN ‹ Official Journal of the European Communities 15. 1. 98 ANNEX VI PART A CORRELATION TABLE Regulation (EEC) No 1866/86 This Regulation Article 1 Article 2(1) Article 2(1a) 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 PART B REGULATIONS AMENDING REGULATION (EEC) No 1866/86 Council Regulation (EEC) No 2244/87 of 23 July 1987 Council Regulation (EEC) No 2178/88 of 18 July 1988 Council Regulation (EEC) No 887/89 of 5 April 1989 Council Regulation (EEC) No 2156/91 of 15 July 1991 Council Regulation (EC) No 2250/95 of 18 September 1995 Council Regulation (EC) No 1821/96 of 16 September 1996 Official Journal No page date L 207 L 191 L 94 L 201 L 230 L 241 15 7 4 1 1 8 29. 7. 1987 22. 7. 1988 7. 4. 1989 24. 7. 1991 27. 9. 1995 21. 9. 1996