1998R0850 — EN — 05.10.2005 — 007.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B	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 (OJ L 125, 27.4.1998, p.1)

Amended by:

		Official Journal
		No	page	date
►M1	COUNCIL REGULATION (EC) No 308/1999 of 8 February 1999	L 38	6	12.2.1999
►M2	COUNCIL REGULATION (EC) No 1459/1999 of 24 June 1999	L 168	1	3.7.1999
►M3	COUNCIL REGULATION (EC) No 2723/1999 of 17 December 1999	L 328	9	22.12.1999
M4	COUNCIL REGULATION (EC) No 812/2000 of 17 April 2000	L 100	3	20.4.2000
►M5	COUNCIL REGULATION (EC) No 1298/2000 of 8 June 2000	L 148	1	22.6.2000
►M6	COUNCIL REGULATION (EC) No 724/2001 of 4 April 2001	L 102	16	12.4.2001
►M7	COUNCIL REGULATION (EC) No 973/2001 of 14 May 2001	L 137	1	19.5.2001
►M8	COUNCIL REGULATION (EC) No 602/2004 of 22 March 2004	L 97	30	1.4.2004
►M9	COUNCIL REGULATION (EC) No 1568/2005 of 20 September 2005	L 252	2	28.9.2005

Corrected by:

►C1	Corrigendum, OJ L 318, 27.11.1998, p. 63  (850/98)

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▼B

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

Article 1

This Regulation, laying down technical conservation measures, shall apply to the taking and landing of fishery resources occurring in the maritime waters under the sovereignty or jurisdiction of the Member States and situated in one of the regions specified in Article 2, except as otherwise provided in Articles 26 and 33.

TITLE I

DEFINITIONS

Article 2

1.  For the purposes of this Regulation, the following definitions of maritime waters shall apply:

(a)   Region 1

All waters which lie to the north and west of a line running from a point at latitude 48o N, longitude 18o W, thence due north to latitude 60o N, thence due east to latitude 5o W, thence due north to latitude 60o 30′ N, thence due east to longitude 4o W, thence due north to latitude 64o N, thence due east to the coast of Norway.

(b)   Region 2

All waters situated north of latitude 48o N, but excluding the waters in Region 1 and ICES divisions IIIb, IIIc, and IIId.

(c)   Region 3

All waters corresponding to ICES sub-areas VIII and IX.

(d)   Region 4

All waters corresponding to ICES sub-area X.

(e)   Region 5

All waters 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 CECAF region.

(f)   Region 6

All waters off the coasts of the French department of Guyana that come under the sovereignty or jurisdiction of France.

(g)   Region 7

All waters off the coasts of the French departments of Martinique and Guadeloupe that come under the sovereignty or jurisdiction of France.

(h)   Region 8

All waters off the coasts of the French department of Réunion that come under the sovereignty or jurisdiction of France.

2.  The geographical areas designated in this Regulation by the letters ‘ICES’and ‘CECAF’shall be those defined by the International Council for the Exploration of the Sea and the Fishery Committee for the Eastern Central Atlantic, respectively. They are described, subject to any subsequent amendments, in Commission communications No 85/C 335/02 ( 10 ) and No 85/C 347/05 ( 11 ).

3.  The regions referred to in paragraph 1 may be divided into geographical areas, in particular on the basis of the definitions referred to in paragraph 2, in accordance with the procedure referred to in Article 48.

4.  Notwithstanding paragraph 2, for the purposes of this Regulation:

Article 3

For the purposes of this Regulation:

(a)	marine organismsshall mean all marine fish, including anadromous and catadromous species during their marine life, crustaceans and molluscs and parts thereof;

(b)

mesh sizeof a towed net shall mean the mesh size of any cod-end or extension piece found on board a fishing vessel and attached to or suitable for attachment to any towed net. The mesh size shall be determined by procedures specified in Regulation (EEC) No 2108/84 ( 12 ). This definition of mesh size shall not be applied to mesh size of square-meshed netting;

(c)	multiple twine nettingshall mean netting constructed of two or more twines, where the twines can be separated between the knots without damage to the twine structure;

(d)	square-meshed nettingshall mean a construction of netting mounted so that of the two sets of parallel lines formed by the mesh bars, one set is parallel to, and the other at right angles to, the long axis of the net;

(e)	mesh size of a square-meshed panel or windowshall mean the largest determinable mesh size of such a panel or window inserted into a towed net. The mesh size shall be determined by procedures in Regulation (EEC) No 2108/84;

(f)	knotless nettingshall mean netting which is composed of meshes of four sides of approximately equal length in which the corners of the meshes are formed by the interweaving of the twines of two adjacent sides of the mesh;

(g)	bottom set gill nets or entangling netsshall mean any fixed gear made up of a single piece of net, fixed, or capable of being fixed, by any means to the bottom of the sea;

(h)	trammel netsshall mean any fixed gear made up of two or more pieces of net hung jointly in parallel on a single headline, fixed, or capable of being fixed, by any means to the bottom of the sea.

TITLE II

NETS AND CONDITIONS FOR THEIR USE

CHAPTER I

PROVISIONS FOR TOWED GEARS

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Article 4

1.  For each of the regions or geographical areas mentioned in Annexes I to V, and depending where applicable on the time period, the target species for each range of mesh size are as defined in the relevant Annex.

2.  

3.  Masters of fishing vessels who do not complete a logbook in accordance with the provisions of Article 6 of Regulation (EEC) No 2847/93 shall not, during any fishing voyage, fish in more than one of the regions or geographical areas mentioned in Annexes I to V. This requirement shall not apply to vessels which, during any fishing voyage, use only towed nets of mesh size equal to or greater than 100 mm.

4.  

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5.  

6.  Before 31 May 2001, Member States will report to the Commission on the application of the conditions laid down in this Article, Article 15 and relevant Annexes. On the basis of these reports, the Commission shall submit appropriate proposals. The Council shall decide, on the basis of any such proposal, before 31 October 2001.

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Article 5

1.  The percentages referred to in Annexes I to V, X and XI shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

2.  However, when calculating the percentages referred to in paragraph 1 for a fishing vessel from which quantities of marine organisms have been transhipped, these quantities shall be taken into account.

3.  Masters of fishing vessels who do not complete a logbook in accordance with the provisions of Article 6 of Regulation (EEC) No 2847/93 shall not tranship marine organisms to any other vessel, or receive transhipments of marine organisms from any other vessel.

4.  The percentages referred to in paragraph 1 may be calculated on the basis of one or more representative samples.

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6.  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.

Article 6

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1.  

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2.  Within any single cod-end stricto sensu, the number of meshes around any circumference of the cod-end must not increase from the front end to the rear end. This provision shall apply to all towed nets of which the mesh size is equal to, or greater than, 55 millimetres.

3.  The number of meshes, excluding those in the selvedges, at any point on any circumference of any extension or lengthening piece shall not be less than the maximum number of meshes on the circumference of the front-end of the cod-end stricto sensu excluding meshes in the selvedges. This provision shall apply to all towed nets of which the mesh size is equal to, or greater than, 55 millimetres.

Article 7

1.  

2.  Any square-meshed panel:

3.  In any net in which a square-meshed panel is inserted in an untapered portion of the net, there shall be at most five open diamond meshes between each panel side and the adjacent selvedges of the net.

In any net in which a square-meshed panel is inserted, wholly or partially, into a tapered portion of the net there shall be at most five open diamond meshes between the posterior row of meshes in the square-meshed panel and the adjacent selvedges of the net.

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4.  Notwithstanding paragraph 1(a), any demersal trawl, Danish seine or similar towed net of which the mesh size lies in the range 70 to 79 millimetres shall be equipped with a square-meshed panel having a mesh size equal to, or greater than, 80 millimetres.

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5.  Notwithstanding paragraph 1(a), the retention on board of any quantity of crustaceans of the genus Pandalus caught with any demersal towed net having a mesh size lying in the range 32 to 54 millimetres shall be prohibited, unless the net is equipped with a square-meshed panel or window having a mesh size equal to, or greater than, 70 millimetres ►M6  or with a sorting grid whose use is established under the conditions laid down in Article 46 ◄ .

6.  The conditions of paragraphs 4 and 5 shall apply only within Regions 1 and 2.

7.  Measurements of the mesh size of any square-meshed netting inserted into any part of a net shall not be taken into consideration when assessing the mesh size of a towed net.

Article 8

1.  The carrying on board or the use of any towed nets constructed wholly or in part in the cod-end of single twine netting materials having a twine thickness of more than eight millimetres shall be prohibited.

2.  The carrying on board or the use of any towed nets constructed wholly or in part in the cod-end of netting materials consisting of multiple twine shall be prohibited, unless the multiple twines are of approximately equal thickness and unless the sum of the thicknesses of the multiple twines on any side of any mesh is no more than 12 millimetres.

3.  Paragraphs 1 and 2 shall not apply to pelagic trawls.

Article 9

1.  The carrying on board or the use of any towed net the cod-end of which is constructed wholly or in part of any type of netting material made of meshes other than square mesh or diamond mesh shall be prohibited.

2.  Paragraph 1 shall not apply to any towed net the cod-end of which has a mesh size of 31 millimetres or less.

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Article 10

Dredges are exempted from the provisions of Article 4. However, it shall be prohibited during any voyage when dredges are carried on board,

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CHAPTER II

PROVISIONS FOR FIXED GEARS

Article 11

1.  For each of the regions or geographical areas mentioned in Annexes VI and VII, and depending where applicable on the time-period, the use or keeping on board of any bottom set gillnet, entangling net or trammel net shall be prohibited, unless:

2.  The minimum percentage of target species may be obtained by aggregating the quantities of all the target species caught.

Article 12

1.  The percentage referred to in Article 11(1) shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

2.  The percentage referred to in paragraph 1 may be calculated on the basis of one or more representative samples.

Article 13

Articles 11 and 12 shall not apply to catches of salmonids, lampreys or hagfish.

CHAPTER III

GENERAL PROVISIONS ON NETS AND CONDITIONS FOR THEIR USE

Article 14

Sorting shall be carried out immediately after catches have been removed from the net or nets.

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Article 15

1.  Quantities of marine organisms caught in excess of permitted percentages specified in Annexes I to VII, X and XI may not be landed but shall be returned to the sea prior to each landing.

2.  At all times during a fishing voyage, and following sorting of the catch, the percentage of target species as defined in Annexes I to VIl retained on board shall be at least half of the minimum percentages of the target species referred to in the said Annexes.

3.  Masters of fishing vessels who are required to complete a logbook shall ensure that after the first 24 hours of a fishing voyage has expired, the minimum percentage of target species as set out in Annexes I to VII, X and XI shall be met at the time of each completion of the logbook, in accordance with conditions laid out in Article 6 of Regulation (EEC) No 2847/93.

4.  Whenever, during a fishing voyage, a vessel newly enters any of the regions or geographical areas mentioned in Annexes I to V, the minimum percentage of target species, as set out in Annexes I to VII, X and XI, caught and retained on board from the region or geographical area previously fished during this voyage shall be met within two hours.

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Article 16

No 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 of which a list and technical descriptions shall be drawn up in accordance with the procedure referred to in Article 48.

TITLE III

MINIMUM SIZE OF MARINE ORGANISMS

Article 17

A marine organism is undersized if its dimensions are smaller than the minimum dimensions specified in Annex XII for the relevant species and the relevant geographical area.

Article 18

1.  The measurement of the size of a marine organism shall take place in accordance with the provisions laid down in Annex XIII.

2.  Where more than one method of measuring the size of a marine organism is provided for, the organism is considered to be of the minimum size if the application of any one of these methods results in a size equal to, or greater than, the corresponding minimum size.

3.  Lobsters, crawfish, and bivalve and gastropod molluscs belonging to any such species for which a minimum size is set in Annex XII may only be retained on board whole and may only be landed whole.

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4.  

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Article 19

1.  Undersized marine organisms shall 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.

2.  Paragraph 1 shall not apply to:

3.  However, undersized sardine, anchovy, horse mackerel or mackerel caught for use as live bait may be retained on board, provided they are retained alive.

TITLE IV

SPECIAL PROVISIONS RELATING TO FISHING FOR CERTAIN MARINE ORGANISMS

Article 20

Restrictions on fishing for herring

1.  The retention on board of herring which are caught within the geographical areas and during the periods mentioned below shall be prohibited:

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2.  However, vessels may retain on board quantities of herring from any of the areas described, provided they do not exceed 5 % of the total live weight of the marine organisms on board which have been caught in each separate area during one of the periods specified.

3.  Notwithstanding paragraph 1, points (f)(ii) and (h), vessels with a length not exceeding 12,2 metres based in ports situated on the east coast of Ireland and Northern Ireland between latitudes 53o 00′ N and 55o 00′ N may retain on board quantities of herring from the areas set out in paragraph 1, points (f)(ii) and (h). The only method of fishing authorised shall be drift-netting with nets of a mesh size equal to, or greater than, 54 millimetres.

Article 21

Restrictions on fishing for sprat to protect herring

1.  The retention on board of sprat which are caught within the geographical areas and during the periods mentioned below shall be prohibited:

2.  However, vessels may retain on board quantities of sprat from any of the areas described, provided they do not exceed 5 % of the total live weight of the marine organisms on board which have been caught in each separate area during any of the periods specified.

Article 22

Restrictions on fishing for mackerel

1.  the retention on board of mackerel which are caught within the geographical area bounded by the following coordinates shall be prohibited:

except where the weight of the mackerel does not exceed 15 % by live weight of the total quantities of mackerel and other marine organisms on board which have been caught in this area.

2.  Paragraph 1 shall not apply:

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 master of a vessel intending to enter that area in order to fish, and holding mackerel on board, shall 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 shall notify the competent control authority of the quantities of mackerel which he has on board and which are entered in the log-book. The master 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 master of the fishing vessel who intends to enter the area for the purpose of having mackerel transhipped to his vessel shall 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 master shall inform the competent control authority of the quantities of mackerel which have been transhipped to that vessel.

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Article 23

Restrictions on fishing for anchovy

1.  The retention on board of anchovy caught using pelagic trawls in ICES Division VIIIc or the fishing for anchovy with pelagic trawls in this Division shall be prohibited.

2.  Within the Division referred to in paragraph 1, the simultaneous carrying on board of pelagic trawls and purse seines shall be prohibited.

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Article 25

Restrictions on fishing for shrimps to protect flatfish

1.  The retention on board of any quantity of common shrimps and Aesop shrimps caught with demersal towed nets having any mesh size between 16 and 31 millimetres shall be prohibited, unless the vessel has installed on board a functioning device designed to separate flatfish from common shrimps and Aesop shrimps following capture.

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2.  At the latest on 1 July 2002, a separator trawl or a trawl with a sorting grid shall be used to catch common shrimps and Aesop shrimps in conformity with detailed rules which Member States shall establish in accordance with Article 46. Such rules may be applicable only to nets towed by fishing vessels.

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3.  However, quantities of common shrimp or Aesop shrimp may be retained on board fishing vessels that do not comply with the provisions laid down in paragraphs 1 and 2, provided these quantities do not exceed 5 % of the total live weight of the marine organisms on board.

Article 26

Restrictions on fishing for salmon and sea trout

1.  Salmon and sea trout shall 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:

2.  Paragraph 1 shall not apply to salmon and sea trout taken within the Skagerrak and Kattegat.

Article 27

Restrictions on fishing for Norway pout to protect other roundfish

1.  The retention on board of Norway pout which are caught with any towed gear in the area which is bounded by a line joining the following points shall be prohibited:

2.  However, vessels may retain on board quantities of Norway pout from the area and caught with the gear described in paragraph 1, provided they do not exceed 5 % of the total weight of the marine organisms on board which have been caught in the said area with the said gear.

Article 28

Restrictions on fishing for hake

1.  Fishing with any trawl, Danish seine or similar towed net, in the geographical areas and during the periods mentioned below, shall be prohibited:

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2.  Within the zones and during the periods referred to in paragraph 1, the carrying on board of any trawl, Danish seine or similar towed net shall be prohibited, unless such gears are lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

Article 29

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Conditions applicable in a major plaice nursery area

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1.  Vessels exceeding eight metres length overall shall be prohibited from using any demersal trawl, Danish seine or similar towed gear inside the following geographical areas:

2.  

3.  Notwithstanding paragraph 2(a), vessels holding a special fishing permit and whose primary activity is fishing for common shrimp, shall be permitted to use beam trawls of which the aggregate beam length, measured as the sum of the length of each beam, is greater than nine metres when operating with gear having a mesh size between 80 and 99 millimetres, provided that an additional special fishing permit to this effect has been issued to these vessels. This additional special fishing permit shall be annually reviewed.

Any vessel or vessels to which such an additional special fishing permit has been issued may be replaced by another vessel, provided that:

Fishing vessels which cease to comply with the criteria specified in this paragraph shall have their additional special fishing permit permanently withdrawn.

4.  

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5.   ►M3  Within areas where beam trawls, otter trawls, bottom pair trawls or Danish seine may not be used ◄ , the carrying on board of such nets shall be prohibited, unless they are lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

6.  Detailed rules for the implementation of this Article shall be drawn up in accordance with the procedure laid down in Article 48.

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Article 29a

Restrictions on fishing for sand eels

1.  During the years 2000, 2001 and 2002, it shall be prohibited to land or retain on board sand eels caught within the geographical area bounded by the east coast of England and Scotland, and a line sequentially joining the following coordinates:

2.  Before 1 March 2001 and again before 1 March 2002, the Commission will report to the Council on the effects of the provision contained in paragraph 1. On the basis of the said reports, the Commission may propose appropriate amendments to the conditions indicated in paragraph 1.

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TITLE V

RESTRICTIONS ON CERTAIN TYPES OF FISHING AND ASSOCIATED ACTIVITIES

Article 30

Restrictions on the use of demersal towed gears

1.  Vessels shall be prohibited from having on board or using any beam trawl of which the beam length, or any beam trawls of which the aggregate beam length 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. The length of a beam shall be measured between its extremities including all attachments thereto.

2.  Vessels shall be prohibited from using any beam trawl of which the mesh size lies between 32 and 99 millimetres within either of the following geographical areas:

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Within the areas mentioned under (a) and (b), the keeping on board of any beam trawl of which the mesh size lies between 32 and 99 millimetres shall be prohibited, unless such a net is lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

3.  Vessels shall be prohibited from using any demersal otter trawl, demersal pair trawl or Danish seine of which the mesh size lies between 80 and 99 millimetres within the geographical area set out in paragraph 2(a). Within this area, the keeping on board of any demersal otter trawl, demersal pair trawl or Danish seine of which the mesh size lies between 80 and 99 millimetres shall be prohibited, unless such a net is lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

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4.  Vessels shall be prohibited from using any bottom trawl or similar towed nets operating in contact with the bottom of the sea in the area bounded by a line joining the following coordinates:

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5.  Vessels shall be prohibited from using any gillnet, entangling net or trammel net at depths greater than 200 metres and any bottom trawl or similar towed nets operating in contact with the bottom of the sea in the areas bounded by a line joining the following coordinates:

▼B

Article 31

Unconventional fishing methods

1.  The catching of marine organisms using methods incorporating the use of explosives, poisonous or stupefying substances or electric current shall be prohibited.

2.  The sale, display or offer for sale of marine organisms caught using methods incorporating the use of any kind of projectile shall be prohibited.

Article 32

Restrictions on the use of automatic grading equipment

1.  The carrying or use on board a fishing vessel of equipment which is capable of automatically grading by size or by sex herring or mackerel or horse mackerel shall be prohibited.

2.  However, the carrying and use of such equipment shall be permitted provided that:

3.  Any vessel authorised to fish in the Baltic, Belts or Sound may carry automatic grading equipment in the Kattegat provided that a special fishing permit has been issued to that effect.

The special fishing permit shall define the species, areas, time periods and any other required conditions applicable to the use and carriage on board of the grading equipment.

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Article 34

Restrictions on fishing activities in the 12-mile zone around the United Kingdom and Ireland

1.  Vessels shall be prohibited from using any beam trawl inside the areas within 12 miles of the coasts of the United Kingdom and Ireland, measured from the baselines from which the territorial waters are measured.

2.  However, vessels in any of the following categories are authorised to fish in the areas referred to in paragraph 1 using beam trawls:

3.  Notwithstanding paragraph 2, the use of any beam trawl of which the beam length, or of any beam trawls of which the aggregate beam length, 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, shall be prohibited, except when operating with gear having a mesh size between 16 and 31 millimetres. The length of a beam shall be measured between its extremities including all attachments thereto.

4.  Fishing vessels which do not comply with the criteria specified in paragraphs 2 and 3 shall not be allowed to engage in the fishing activities referred to in those paragraphs.

5.  Vessels which may not use beam trawls shall be prohibited from carrying on board such nets within the areas referred to in this Article, unless they are lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

6.  Detailed rules for the implementation of this Article shall be drawn up in accordance with the procedure laid down in Article 48.

TITLE VI

SPECIFIC PROVISIONS FOR THE SKAGERRAK AND KATTEGAT

Article 35

Notwithstanding Article 19(1), undersized marine organisms caught in the Skagerrak or Kattegat may be retained on board, or be transhipped, landed, transported, stored, sold, displayed or offered for sale within a limit of 10 % by live weight of the total catches retained on board.

Article 36

Salmon and sea trout shall 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 within any part of the Skagerrak and Kattegat situated outside the four-mile limit measured from Member States' baselines.

Article 37

1.  The use of trawls having a mesh size of less than 32 millimetres from 1 July to 15 September in the waters situated within three miles of the baselines in the Skagerrak and Kattegat shall be prohibited.

2.  However, when trawling within the waters and during the period referred to in paragraph 1:

Article 38

The retention on board of any quantity of herring, mackerel or sprat caught using trawls or purse seines between Saturday midnight and Sunday midnight in the Skagerrak, and between Friday midnight and Sunday midnight in the Kattegat shall be prohibited.

Article 39

The use of any beam trawl in the Kattegat shall be prohibited.

Article 40

During the periods and within the areas referred to in Articles 37, 38 and 39 of this Regulation, where trawls or beam trawls may not be used, the carrying on board of such nets shall be prohibited, unless they are lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

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TITLE VII

TECHNICAL PROVISIONS

Article 42

Processing operations

1.  The carrying out on board a fishing vessel of any physical or chemical processing of fish to produce fish-meal, fish-oil, or similar products, or to tranship catches of fish for such purposes shall be prohibited. This prohibition shall not apply to the processing or transhipment of offal.

2.  Paragraph 1 shall not apply to the production on board a fishing vessel of surimi and fish pulp.

Article 43

Scientific research

1.  This 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.

2.  Marine organisms caught for the purposes specified in paragraph 1 may be sold, stored, displayed or offered for sale, provided that:

Article 44

Artificial restocking and transplantation

1.  This Regulation shall not apply to fishing operations conducted solely for the purpose of artificial restocking or transplantation of marine organisms which are carried out with the permission and under the authority of the Member State or Member States concerned. Where the artificial restocking or transplantation is carried out in the waters of another Member State or Member States, the Commission and all the Member States concerned shall be informed in advance.

2.  Marine organisms caught for the purposes specified in paragraph 1 of this Article, and subsequently returned alive to the sea, may be sold, stored, displayed or offered for sale, provided that the marketing standards adopted pursuant to Article 2 of Regulation (EEC) No 3759/92 are complied with.

TITLE VIII

FINAL PROVISIONS

Article 45

1.  Where the conservation of stocks of marine organisms 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 48.

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, a Member 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.

Within 10 working days of receipt of such notification, the Commission shall confirm such measures, or require their cancellation or amendment. The Commission's decision shall be immediately notified to the Member States.

Member States may refer the Commission's decision to the Council within 10 working days of receiving this notification.

The Council, acting by a qualified majority, may adopt a different decision within one month.

Article 46

▼M5

1.  Member States may take measures for the conservation and management of stocks:

provided that such measures apply solely to fishing vessels flying the flag of the Member State concerned and registered in the Community or, in the case of fishing activities which are not conducted by a fishing vessel, to persons established in the Member State concerned.

▼B

2.  The Commission shall be informed, in time for it to present its observations, 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.

Where the Commission finds, by a decision which it shall communicate 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 to assess whether their national technical measures comply with the provisions of paragraph 1.

4.  At the initiative 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 of this Article may be the subject of a decision taken in accordance with the procedure laid down in Article 48. Should such a decision be taken, the third and fourth subparagraphs of paragraph 2 shall apply.

5.  Measures relating to fishing from the shore shall be communicated by the Member State concerned to the Commission for information purposes only.

Article 47

1.  At the latest one year after the date of entry into force of this Regulation, the Council shall decide, on the basis of a proposal from the Commission, on the establishment of rules for the use of mesh size combinations to be applied on the date of application of this Regulation.

At the latest three years after the date of application of this Regulation, the Council shall decide, on the basis of a proposal from the Commission, on revisions and amendments to the conditions laid out in Annexes I to XI, to be applied within one year after that decision.

2.  During the years 1998, 1999 and 2000 the Member States when applying for funding by the Commission for experimental projects shall give priority to experimental projects that are concerned with the utility of square-meshed panels or other devices for increasing the selectivity of towed gears. The Commission, in assessing experimental projects for funding, shall give priority to such projects.

The Commission shall report, and at the same time submit appropriate proposals, on the findings of the said experimental projects to the Council at the latest four years after the date of adoption of this Regulation.

The Council shall decide on these proposals at the latest one year after the date of submission.

Article 48

Detailed 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. These rules may include, inter alia:

Article 49

The following Articles of, and Annexes to, Regulation (EC) No 894/97 shall be repealed as from 1 January 2000:

References to the said Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex XV.

The scientific names of marine organisms specifically mentioned in this Regulation are set out in Annex XIV.

Article 50

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 2000, with the exception of Article 32(3) and Article 47, which shall apply from the date of entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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ANNEX I

TOWED GEARS: Regions 1 and 2, except Skagerrak and Kattegat

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ANNEX II

TOWED GEAR: Region 3, except ICES Division IXa east of longitude 7o 23′ 48″ W

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ANNEX III

TOWED GEARS: ICES Division IXa east of longitude 7o 23′ 48″ W

▼M1

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ANNEX IV

TOWED GEARS: — Skagerrak and Kattegat

▼B

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ANNEX V

TOWED GEARS: Regions 4, 5 and 6

▼M6

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ANNEX VI

▼B

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ANNEX VII

FIXED GEARS: Region 3

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ANNEX VIII

Permitted combinations of mesh size ranges for Regions 1 and 2, except Skagerrak and Kattegat

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ANNEX IX

Permitted combinations of mesh size ranges for Region 3, except ICES Division IXa east of longitude 7o 23′ 48″ W

▼M2

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ANNEX X

A.   CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN REGIONS 1 AND 2, EXCEPT SKAGERRAK AND KATTEGAT

▼M6

1.   Mesh size combination: 16 to 31 mm + ≥ 100 mm

The catch retained on board shall consist of at least 20 % of any mixture of shrimps and common prawns (Pandalus montagui, Crangon spp. and Palaemon spp.).

▼M2

2.   Mesh size combination: 32 to 54 mm + > = 100 mm

The catch retained on board or landed shall consist of at least 20 % of any mixture of shrimps and prawns (Crangon spp., Pandalus spp., Palaemon spp., Parapenaeus longirostris);

or

the catch retained on board or landed shall consist of at least 50 % of any mixture of those marine organisms indicated in Annex I as the target species for mesh sizes between 32 and 54 mm, with the exception of shrimps and prawns (Crangon spp., Pandalus spp., Palaemon spp., Parapenaeus longirostris) and of no more than 15 % of any mixture of the species marked in Annex I with the symbol ‘y’.

3.   Mesh size combination: 70 to 79 mm + > = 100 mm

The catch retained on board or landed shall consist of at least 10 % of any mixture of those marine organisms indicated in Annex I as the target species for mesh sizes between 70 and 79 mm.

▼M6

4.   Mesh size combination: 80 to 99 mm + ≥ 100 mm

The catch retained on board shall consist of at least 45 % of any mixture of those marine organisms indicated in Annex I as the target species for mesh sizes between 80 and 99 mm.

▼M2

B.   CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN SKAGERRAK AND KATTEGAT

Mesh size combination < = 89 mm + > = 90 mm

The catch retained on board or landed shall consist of at least 10 % of any mixture of those marine organisms indicated in Annex IV as the target species for mesh sizes between 70 and 89 mm.

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ANNEX XI

A.   CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN REGION 3, EXCEPT ICES DIVISION IXa EAST OF LONGITUDE 7o 23′ 48″ W

1.   Mesh size combination: 16 to 31 mm + > = 70 mm

The catch retained on board or landed shall consist of at least 40 % of any mixture of shrimps (Pandalus montagui, Crangon spp. and Palaemon spp.) and swimming crab;

or

The catch retained on board or landed shall consist of at least 70 % of any mixture of those marine organisms indicated in Annex II as the target species for mesh sizes between 16 and 31 mm, with the exception of shrimps (Pandalus montagui, Crangon spp. and Palaemon spp.) and swimming crab.

2.   Mesh size combination: 32 to 54 mm + > = 70 mm

The catch retained on board or landed shall consist of at least 70 % of any mixture of those marine organisms indicated in Annex II as the target species for mesh sizes between 32 and 54 mm, with the exception of shrimps and prawns (Pandalus spp., Crangon spp. and Palaermon spp.).

3.   Mesh size combination: 55-59 mm + > = 70 mm

The catch retained on board or landed shall consist of at least 20 % of any mixture of shrimps and prawns (Pandalus spp., Crangon spp., Palaemon spp., Aristeus antennatus, Aristaeomorpha foliacea, Parapenaeus longirostris);

or

The catch retained on board or landed shall consist of at least 60 % of any mixture of those marine organisms indicated in Annex II as the target species for mesh sizes between 55 and 59 mm, with the exception of shrimps and prawns (Pandalus spp., Crangon spp., Palaemon spp., Aristeus antennatus, Aristaeomorpha foliacea, Parapenaeus longirostris).

4.   Mesh size combination: 60 to 69 mm + > = 70 mm

The catch retained on board or landed shall consist of at least 60 % of any mixture of those marine organisms indicated in Annex II as the target species for mesh sizes between 60 and 69 mm.

B.   CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE IN ICES DIVISION IXa EAST OF LONGITUDE 7o 23′ 48″ W

Mesh size combination 40-54mm + > = 55 mm

The catch retained on board or landed shall consist of at least 50 % of any mixture of those marine organisms indicated in Annex III as the target species for mesh sizes between 40 and 54 mm.

▼B

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ANNEX XII

MINIMUM SIZES

(1)   Total lenght (carapace length).

(2)   30 cm for industrial purposes only

(3)   With effect from 1 January 2002 a carapace length of 87 mm shall apply.

(4)   No minimum size will apply to horse mackerel (Trachurus picturatus) caught in waters adjacent to the Azores islands and under the sovereignty or jurisdiction of Portugal.

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ANNEX XIII

MEASUREMENT OF THE SIZE OF A MARINE ORGANISM

1.	The size of any fish shall be measured, as shown in Figure 1, from the tip of the snout to the end of the tail fin.

2.

The size of a Norway lobster shall be measured as shown in Figure 2: — as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal edge of the carapace, and/or, — as the total length, from the tip of the rostrum to the rear end of the telson, not including the setae, and/or, — in the case of detached Norway lobster tails: from the front edge of the first tail segment present to the rear end of the telson, not including the setae. The tail shall be measured flat, unstretched and on the dorsal side.

3.	The size of a lobster ►M6  ————— ◄ from Regions 1 to 5 except Skagerrak/Kattegat shall be measured as shown in Figure 3, as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal edge of the carapace.

4.

The size of a lobster from Skagerrak or Kattegat shall be measured as shown in Figure 3: — as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal edge of the carapace, and/or, — as the total length, from the tip of the rostrum to the rear end of the telson, not including the setae.

▼M1

5.

(a) The size of a spinous spider crab shall be measured, as shown in Figure 4A, as the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace. (b) The size of an edible crab shall be measured, as shown in Figure 4B as the maximum width of the carapace measured perpendicular to the antero-posterior midline of the carapace.

▼B

6.	The size of any bivalve mollusc shall be measured as shown in Figure 5, across the longest part of the shell.

7.	The size of a whelk shall be measured as shown in Figure 6 as the length of the shell.

▼M6

8.	The size of a crawfish shall be measured as shown in Figure 7 as the length of the carapace from the tip of the rostrum to the midpoint of the distal edge of the carapace.

▼B

Figure 1

Figure 2

Figure 3

▼M1

Figure 4A

▼B

Figure 4B

Figure 5

Figure 6

▼M6

Figure 7

▼B

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ANNEX XIV

VERNACULAR AND SCIENTIFIC NAMES

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ANNEX XV

CORRELATION TABLE

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( 1 ) OJ C 292 4.10.1996, p. 1, and

OJ C 245 12.8.1997, p. 10.

( 2 ) OJ C 132 28.4.1997, p. 235.

( 3 ) OJ C 30 30.1.1997, p. 26.

( 4 ) OJ L 132 23.5.1997, p. 1.

( 5 ) OJ L 206 22.7.1992, p. 7. Directive as amended by the 1994 Act of Accession.

( 6 ) OJ L 171, 6.7.1994, p. 7.

( 7 ) OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).

( 8 ) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 686/97 (OJ L 102, 19.4.1997, p. 1).

( 9 ) OJ L 389 31.12.1992, p. 1. Regulation as amended by the 1994 Act of Accession.

( 10 ) OJ C 335, 24.12.1985, p. 2.

( 11 ) OJ C 347, 31.12.1985, p. 14.

( 12 ) OJ L 194 24.7.1984, p. 22.

( 13 ) OJ L 162, 18.6.1986, p. 1. Regulation as last amended by Regulation (EC) No 1821/96 (OJ L 241, 21.9.1996, p. 8).

( 14 ) 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).

( 15 ) Total lenght (carapace length).

( 16 ) 30 cm for industrial purposes only

( 17 ) With effect from 1 January 2002 a carapace length of 87 mm shall apply.

( 18 ) No minimum size will apply to horse mackerel (Trachurus picturatus) caught in waters adjacent to the Azores islands and under the sovereignty or jurisdiction of Portugal.