EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Following the entry into force of the Treaty on the Functioning of the European Union (TFEU), technical conservation measures could no longer be included in the annual Regulation on fishing opportunities on a transitional basis, as that Regulation could only contain measures on the fixing and allocation of fishing opportunities, whereas so-called 'associated conditions' relevant for the use of fishing opportunities, but not functionally linked thereto, would have to be adopted via co-decision.

Accordingly, in 2008 the Commission presented a proposal for a Council Regulation[1] concerning the conservation of fisheries resources through technical measures, intended to replace Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms[2] and to provide for permanent implementation of the technical measures laid down in the annual Regulation on fishing opportunities on a transitional basis. However, due to a failure to reach political agreement, this proposal was withdrawn in October 2010.

To ensure that the technical conservation measures contained in Regulation (EC) No 43/2009 fixing for 2009 the fishing opportunities[3] would remain in place from 1 January 2010, the Council adopted Regulation (EC) No 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011[4]. That Regulation provided for continuation of those technical measures on a transitional basis for 18 months until 30 June 2011. The measures were further extended for another 18 months under Regulation (EU) No 579/2011[5] as it had not yet been possible to incorporate them into the existing technical measures Regulation (EC) No 850/98 (or a new Regulation replacing that Regulation) by 30 June 2011.

It is the intention of the Commission to revise Regulation (EC) No 850/98 after and in accordance with the Common Fisheries Policy reform which is currently in the process of negotiation. Thus a new technical measures Regulation cannot be ready for entry into force by 1 January 2013. Consequently, a solution is needed to ensure that the transitional technical measures are maintained after 31 December 2012, to allow time to develop a new framework for technical measures.

The technical measures contained in Regulations (EC) No 43/2009 are important for sustainable fishing, and their continuity needs to be ensured. Discontinuation of these measures (even temporarily) would have negative consequences for the conservation of the stocks they concern as well as for ecosystem of vulnerable deep-sea habitats and seabirds – including in a number of NATURA 2000 sites established by Directive 92/43/EEC[6] in the European territory as well as in areas closed to protect vulnerable deep-sea habitats in international waters. Their discontinuation would also imply that a number of justified and accepted derogations from provisions of Regulation (EC) No 850/98 would cease to apply.

In addition, on the basis of advice from the Scientific, Technical and Economic Committee for Fisheries (STECF), minor amendments to technical measures in question that are inconsistent with or run contrary to measures contained in Regulation (EC) No 850/98 should be made.

Likewise, it is necessary to update existing measures contained in the Regulation (EC) No 43/2009 in accordance with recommendation adopted by the North East Atlantic Fisheries Commission (NEAFC) and also include certain technical measures to reduce the discarding of pelagic species in the North-east Atlantic as agreed with Norway and the Faroe Islands and the EU in 2010 but which have not yet been transposed into EU legislation.

It is therefore considered appropriate to amend Regulation (EC) No 850/98 to incorporate the technical measures in            question, deleting, where possible, clearly defined obsolete measures contained in both Regulation (EC) No 850/98 and Regulation (EC) No 1288/2009.

2.           RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

There was no need for consultation of interested parties or for an impact assessment. In relation to the proposal for a Council Regulation adopted by the Commission in 2008 concerning the conservation of fisheries resources through technical measures, an Impact Assessment was carried out[7]. Most of the measures concerned by the present proposal are existing measures, which were included in the 2008 proposal and therefore covered by the Impact Assessment for that proposal. Due to developments since 2008, most of the measures concerned by the present proposal need to be updated but do not change in substance while several others follow on from international obligations and do not require an impact assessment.

3.           LEGAL ELEMENTS OF THE PROPOSAL

· Summary of the proposed action

· The main action is to avoid a discontinuation of the technical measures in question by the end of 2012 which would have negative consequences for the conservation of the stocks involved as well as impacts on the ecosystem. It will ensure legal certainty for these measures while a new technical measures framework Regulation is being developed as part of the reform of the Common Fisheries Policy.

· Legal basis

Article 43(2) of the Treaty on the Functioning of the European Union.

· Subsidiarity principle

The proposal falls under exclusive competence of the European Union.

· Proportionality principle

This proposal incorporates existing technical measures which are contained in Regulation (EU) No 43/2009 and amendments to measures which already exist in Regulation (EC) No 850/98, therefore no concern on the proportionality principle arises.

· Choice of instrument

Proposed instrument: Regulation of the European Parliament and of the Council.

Other means would not be adequate for the following reason: a Regulation must be amended by a Regulation.

4.           BUDGETARY IMPLICATION

This measure does not involve any additional Union expenditure.

2012/0158 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and repealing Council Regulation (EC) No 1288/2009

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee[8],

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)       Council Regulation (EC) No 1288/2009 of 27 November 2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011[9] and its amending act, Regulation (EU) No 579/2011 of 8 June 2011, amending Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles or marine organisms[10] provide for the continuation of certain technical measures established in Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitation are required[11] on a transitional basis until 31 December 2012.

(2)       A new technical conservation measures framework is awaited which justifies the extension of the application of those technical measures on a transitional basis. This framework will not be in place by the end of 2012 as its adoption is extremely dependent upon the reform of the Common Fisheries Policy (CFP).

(3)       In order to ensure the continuation of proper conservation and management of marine biological resources 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 should be updated by including the transitional technical measures.

(4)       Certain measures to exclude salmonids, lampreys or hagfish from catch composition provisions for fixed gears are no longer relevant and should be deleted as fisheries for these species no longer exist.

(5)       The prohibition of high grading in all ICES areas should be maintained and a prohibition on releasing or slipping of certain species as well as a requirement to move fishing grounds when 10% of the catch contains undersized fish, as agreed with Norway and the Faroe Islands in 2009, should be introduced with a view to reducing unwanted catches.

(6)       In the light of advice from the Scientific, Technical and Economic Committee for Fisheries (STECF) certain herring spawning ground closures are not necessary anymore to ensure sustainable exploitation of that species in ICES Division VIa, those closures should be repealed.

(7)       In the light of advice from STECF linking low sandeel availability to the poor breeding success of kittiwakes, an area closure in ICES Subarea IV should be maintained, except for a limited fishery each year to monitor the stock.

(8)       In the light of advice from STECF the use of gears that do not catch Norway lobster should be permitted in certain areas where fishing for Norway lobster is prohibited.

(9)       In the light of advice from ICES and STECF certain technical conservation measures in the West of Scotland (ICES Division VIa), Celtic Sea (ICES Divisions VIIf,g) and Irish Sea (ICES Division VIIa) to protect Rockall haddock, cod, haddock and whiting stocks should be maintained to contribute to the conservation of fish stocks.

(10)     In the light of advice from STECF, measures to allow the use of handlines and automated jigging equipment for saithe in ICES Division VIa and measures on the use of sorting grids in a restricted area in ICES Division VIIa, should be allowed.

(11)     In the light of advice from STECF, the area closure to protect juvenile haddock in ICES Division VIb should be maintained.

(12)     In the light of advice from STECF, measures to protect spawning aggregations of blue ling in ICES Division VIa should be maintained.

(13)     Measures established in 2011 by the Northeast Atlantic Fisheries Commission (NEAFC) to protect redfish in international waters of ICES Subareas I and II should be maintained.

(14)     Measures established by NEAFC in 2011 to protect redfish in the Irminger Sea and adjacent waters should be maintained.

(15)     In the light of advice from STECF, fishing with beam trawl using electrical pulse current should continue to be allowed in ICES Divisions IVc and IVb south under certain conditions.

(16)     Certain measures to restrict the catch handling and discharge capabilities of pelagic vessels targeting mackerel, herring and horse mackerel in the North-East Atlantic as agreed in 2009 between the Union and Norway and the Faroe Islands should be implemented on a permanent basis.

(17)     In the light of advice from ICES, technical conservation measures to protect adult cod stocks in the Irish Sea during the spawning season should be maintained.

(18)     In light of advice from STECF, fishing with gillnets and entangling nets in ICES Divisions IIIa, VIa, VIb, VIIb, VIIc, VIIj, VIIk and ICES Subareas VIII, IX, X and XII in waters deeper than 200m but less than 600m should only be allowed under certain conditions providing protection for biologically sensitive deep-sea species.

(19)     The use of certain selective gears should continue to be permitted in the Bay of Biscay in order to ensure sustainable exploitation of the hake and Norway lobster stocks and to reduce discards of these species.

(20)     Restrictions to fishing within certain areas in order to protect vulnerable deep-sea habitats in the NEAFC Regulatory Area adopted by NEAFC in 2004 and in certain areas in ICES Divisions VIIc,j,k and ICES Division VIIIc adopted by the Union in 2008 should remain in place.

(21)     According to the advice of a joint Union/Norway Working Group on technical measures the weekend ban on fishing for herring, mackerel or sprat with trawls or purse seines in the Skagerrak and Kattegat no longer contributes to the conservation of pelagic fish stocks due to changes in fishing patterns agreed by the Union, Norway and the Faroe Islands in 2011, and this ban should consequently be deleted.

(22)     For the sake of clarity and better regulation, some obsolete provisions should be deleted.

(23)     The minimum sizes for short-necked clam should be revised in the light of biological data.

(24)     A minimum size of octopus in catches taken in waters under the sovereignty or jurisdiction of third countries and situated in the region of Fishery Committee for the Eastern Central Atlantic (CECAF) has been set in order to contribute to the conservation of octopus and in particular to protect juveniles.

(25)     New specifications for a sorting grid should be introduced to reduce the bycatch in fisheries for Norway Lobster in ICES Subarea VI and ICES Division VIIa.

(26)     Specifications for square mesh panels to be used under certain conditions for fisheries with certain towed gears in the Bay of Biscay should be maintained.

(27)     To address an inconsistency between Regulation (EC) No 43/2009 and Regulation (EC) No 850/98, the use of 2m square-meshed panels in vessels with engine power less that 112 Kw in a restricted area in ICES Division VIa should be allowed.

(28)     Council Regulation (EC) No 1288/2009 should be repealed.

(29)     Regulation (EC) No 850/98 should therefore be amended accordingly.

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 850/98 is amended as follows:

(1) Article 13 is deleted.

(2) The following Title IIIa is inserted.

"TITLE IIIa MEASURES TO REDUCE DISCARDING"

Article 19a Undersized marine organisms

1. Any species subject to quota caught during any fishing activity in Regions 1 to 4 specified in Article 2 of this Regulation shall be brought aboard the vessel and subsequently landed.

2. The provisions referred to in paragraph 1 are without prejudice to the obligations set out in this Regulation or in any other fisheries regulation.

3. Within Regions 1 to 4 where the quantity of undersized mackerel, herring or horse mackerel exceeds 10 % of the total quantity of the catches in any one haul, the vessel shall move fishing grounds."

(3) In Article 20, point (d) of paragraph 1 is deleted.

(4) Article 29a is replaced by the following:

"Article 29a Closure of an area for sandeel fisheries in ICES Subarea IV

It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

– the east coast of England at latitude 55o30'N,

– latitude 55o30'N, longitude 01o00'W,

– latitude 58o00'N, longitude 01o00'W,

– latitude 58o00'N, longitude 02o00'W,

– the east coast of Scotland at longitude 02o00'W."

(5) Article 29b, paragraph 3 is amended as follows:

"3. By way of derogation from the prohibition laid down in paragraph 1, fishing with creels that do not catch Norway lobster shall be authorised in the geographical areas and during the periods set out in paragraph 1(a) and 1(b)."

(6) The following Articles 29c to 29 h are inserted:

"Article 29c Rockall Haddock box in ICES Subarea VI

1. All fishing of Rockall haddock, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

– 57o00' N, 15o00' W

– 57o00' N, 14o00' W

– 56o30' N, 14o00' W

– 56o30' N, 15o00' W"

Article 29d Restrictions on fishing for cod, haddock and whiting in ICES Subarea VI

1. It shall be prohibited to conduct any fishing activity for cod, haddock and whiting within that part of ICES Division VIa that lies to the east or to the south of those rhumb lines which sequentially join the following coordinates which shall be measured according to the WGS84 system:

– 54o30' N, 10o35' W

– 55o20' N, 09o50' W

– 55o30' N, 09o20' W

– 56o40' N, 08o55' W

– 57o00' N, 09o00' W

– 57o20' N, 09o20' W

– 57o50' N, 09o20' W

– 58o10' N, 09o00' W

– 58o40' N, 07o40' W

– 59o00' N, 07o30' W

– 59o20' N, 06o30' W

– 59o40' N, 06o05' W

– 59o40' N, 05o30' W

– 60o00' N, 04o50' W

– 60o15' N, 04o00' W

2. Any fishing vessel present within the area referred to in paragraph 1 shall ensure that any fishing gears carried on board are lashed and stowed in accordance with Article 47 of Council Regulation (EC) No 1224/2009[12].

3. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, scallop dredges, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels within the specified areas and time periods, provided that:

(a) no fishing gear other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels are carried on board or deployed; and

(b) no fish other than mackerel, pollack, saithe and salmon, or shellfish other than molluscs and crustaceans are retained on board, landed or brought ashore.

4. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using nets of mesh size less than 55 mm, provided that:

(a) no net of mesh size greater than or equal to 55 mm is carried on board; and

(b) no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting, boarfish and argentines are retained on board.

5. By way of derogation from paragraph 1, it shall be permitted to fish for Norway lobster provided that:

(a) the fishing gear used incorporates a sorting grid in accordance with Annex XIVa; or a square-mesh panel as described in Annex XIVc;

(b) the fishing gear is constructed with a minimum mesh size of 80 mm.

(c) no less than 30 % of the retained catch by weight is comprised of Norway lobster;

(d) no more than 10 % of the retained catch by weight is comprised of any mixture of cod, haddock and/or whiting;

6. Paragraph 5 shall not apply within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

– 59o05' N, 06o45' W

– 59o30' N, 06o00' W

– 59o40' N, 05o00' W

– 60o00' N, 04o00' W

– 59o30' N, 04o00' W

– 59o05' N, 06o45' W       

7. By way of derogation from paragraph 1, it shall be permitted to fish with trawls, demersal seines or similar gears provided that:

(a) all nets on board the vessel are constructed with a minimum mesh size of 120 mm for vessels more than 15 metres overall length and of 110 mm for all other vessels;

(b) no more than 30 % of the retained catch by weight is comprised of any mixture of cod, haddock and/or whiting;

(c) where the catch retained on board comprises less than 90 % saithe the fishing gear used incorporates a square mesh panel as described in Annex XIVc, and;

(d) where the overall length of the vessel is less than or equal to 15 metres, regardless of the quantity of saithe catches retained on board, the fishing gear used incorporates a square-mesh panel as described in Annex XIVd.

8. Paragraph 7 shall not apply within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

– 59o05' N, 06o45' W

– 59o30' N, 06o00' W

– 59o40' N, 05o00' W

– 60o00' N, 04o00' W

– 59o30' N, 04o00' W

– 59o05' N, 06o45' W

9. Each Member State concerned shall implement an onboard observer programme from 1 January to 30 June each year in order to sample the catches and discards of vessels benefiting from the derogations provided for in paragraphs 6 and 7. The observer programmes shall be carried out without prejudice to the obligations under the respective rules and shall aim at estimating cod, haddock and whiting catches and discards with an accuracy of no less than 20 %.

10. Member States concerned shall submit to the Commission a preliminary report on the total amount of catches and discards of vessels subject to the observer programme no later than 30 June of the year in which the programme is implemented. The final report for the concerned calendar year shall be submitted no later than 1 February of the year following that calendar year.

Article 29e Restrictions on fishing for cod in ICES Subarea VII

1. From 1 February until 31 March, it shall be prohibited to conduct any fishing activity in ICES Subarea VII in the following area which consists of ICES statistical rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within six nautical miles from the baseline.

2. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, scallop dredges, mussel dredges, draft nets and beach seines, handlines, mechanised jigging, pots and creels within the specified areas and time periods, provided that:

(a) no fishing gear other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, draft nets and beach seines, handlines, mechanised jigging, pots and creels are carried on board or deployed; and

(b) no fish other than mackerel, pollack, salmon, or shellfish other than molluscs and crustaceans are retained on board, landed or brought ashore.

3. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using nets of mesh size less than 55 mm, provided that:

(a) no net of mesh size greater than or equal to 55 mm is carried on board; and

(b) no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting, boarfish and argentines are retained on board.

Article 29f Special rules for the protection of blue ling

1. In the period from 1 March to 31 May it shall be prohibited to retain on board any quantity of blue ling in excess of 6 tonnes per fishing trip in the areas of ICES Division VIa enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

(a) Edge of Scottish continental shelf

– 59o58' N, 07o00' W

– 59o55' N, 06o47' W

– 59o51' N, 06o28' W

– 59o45' N, 06o38' W

– 59o27' N, 06o42' W

– 59o22' N, 06o47' W

– 59o15' N, 07o15' W

– 59o07' N, 07o31' W

– 58o52' N, 07o44' W

– 58o44' N, 08o11' W

– 58o43' N, 08o27' W

– 58o28' N, 09o16' W

– 58o15' N, 09o32' W

– 58o15' N, 09o45' W

– 58o30' N, 09o45' W

– 59o30' N, 07o00' W

(b) Edge of Rosemary bank

– 60o00' N, 11o00' W

– 59o00' N, 11º00' W

– 59º00' N, 09º00' W

– 59º30' N, 09º00' W

– 59º30' N, 10º00' W

– 60º00' N, 10º00' W

Not including the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

– 59o15' N, 10o24' W

– 59o10' N, 10o22' W

– 59o08' N, 10o07' W

– 59o11' N, 09o59' W

– 59o15' N, 09o58' W

– 59o22' N, 10o02' W

– 59o23' N, 10o11' W

– 59o20' N, 10o19' W

2.         When entering and exiting the areas set out in paragraph 1, the master of a fishing vessel shall record the date, time and place of entry and exit in the logbook.

3. In either of the two areas set out in paragraph 1 if a vessel reaches the 6 tonnes of blue ling:

(a) It shall immediately cease fishing and exit the area in which it is present;

(b) It may not re-enter either of the areas until its catch has been landed

(c) It shall not return to the sea any quantity of blue ling.

4. The observers referred to in Article 8 of Regulation (EC) No 2347/2002[13] assigned to fishing vessels present in one of the areas referred to in paragraph 1 shall, in addition to their task in accordance with that Article, for appropriate samples of the catches of blue ling, measure the fish in the samples and determine the stage of sexual maturity of subsampled fish. On the basis of advice from STECF, Member States shall establish detailed sampling protocols and collation of results.

5. During the period from 15 February to 15 April it shall be prohibited to use bottom trawls, longlines and gillnets within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

– 60o58.76' N, 27o27.32' W

– 60o56.02' N, 27o31.16' W

– 60o59.76' N, 27o43.48' W

– 61o03.00' N, 27o39.41' W.

Article 29g Measures for the redfish fishery in international waters of ICES Subareas I and II

1. A directed fishery for redfish in international waters of ICES Subareas I and II is only permitted within the period from 15 August to 30 November by vessels which have previously been engaged in the redfish fishery in the NEAFC Regulatory Area.

2. Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the total catch retained on board.

3. The conversion factor to be applied to the gutted and headed presentation, including Japanese cut, of redfish caught in this fishery shall be 1,70.

4. By way of derogation from Article 9(1)(b) of Regulation (EU) No 1236/2010[14] masters of fishing vessels engaged in this fishery shall report their catches on a daily basis.

5. In addition to the provisions of Article 5 of Regulation (EU) No 1236/2010, an authorisation to fish for redfish shall only be valid if the reports transmitted by vessels in accordance with Article 9(1) of Regulation (EU) No 1236/2010 are recorded in accordance with Article 9(3) of Regulation (EU) No 1236/2010.

6. Member States shall ensure that scientific information is collected by scientific observers on board vessels flying their flag. As a minimum the information collected shall include representative sex, age and length composition data by depths. This information shall be reported to ICES by the competent authorities in the Member States.

7. The Commission shall inform Member States of the date on which the Secretariat of NEAFC has notified NEAFC Contracting Parties that the total allowable catch (TAC) has been fully utilised. From this date Member States shall prohibit directed fishery for redfish by vessels flying their flag.

Article 29h Measures for the redfish fishery in the Irminger Sea and adjacent waters

1. It shall be prohibited to catch redfish before 10 May each year in international waters of ICES Subarea V and Union waters of ICES Subareas XII and XIV enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system (hereinafter referred to as the “Redfish Conservation Area”):

– 64°45' N, 28°30' W

– 62°50' N, 25°45' W

– 61°55' N, 26°45' W

– 61°00' N, 26°30' W

– 59°00' N, 30°00' W

– 59°00' N, 34°00' W

– 61°30' N, 34°00' W

– 62°50' N, 36°00' W

– 64°45' N, 28°30' W

2. It shall be prohibited to use trawls with a mesh size of less than 100 mm.

3. The conversion factor to be applied to the gutted and headed presentation, including Japanese cut, of redfish caught in this fishery shall be 1,70.

4.. Masters of fishing vessels engaged in the fishery outside the Redfish Conservation Area shall transmit the catch report provided for in Article 9(1)(b) of Regulation (EU) No 1236/2010 on a daily basis after the fishing operations of that calendar day have been completed. It shall indicate the catches on board taken since the last communication of catches.

5. In addition to the provisions of Article 5 of Regulation (EU) No 1236/2010, an authorisation to fish for redfish shall only be valid if the reports transmitted by vessels are in accordance with Article 9(1) of Regulation (EU) No 1236/2010 and are recorded in accordance with Article 9(3) of Regulation (EU) No 1236/2010.

6. The reports referred to in paragraph 5 shall be made in accordance with the relevant rules."

(7) The following Article 31a is inserted

"Article 31a Electric Fishing in ICES Divisions IVc and IVb

1. By way of derogation from Article 31 fishing with beam trawl using electrical pulse current shall be allowed in ICES Divisions IVc and IVb south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system:

– a point on the east coast of the United Kingdom at latitude 55o N,

– then east to latitude 55o N, longitude 5o E,

– then north to latitude 56o N,

– and finally east to a point on the west coast of Denmark at latitude 56o N.

2. Electrical pulse fishing shall be allowed only when:

(a) no more than 5% of the beam trawler fleet by Member States use the electric pulse trawl;

(b) the maximum electrical power in kW for each beam trawl is no more than the length in metre of the beam multiplied by 1,25;

(c) the effective voltage between the electrodes is no more than 15V;

(d) the vessel is equipped with an automatic computer management system which records the maximum power used per beam and the effective voltage between electrodes for at least the last 100 tows. It is not possible for non-authorised person to modify this automatic computer management system;

(e) it is prohibited to use one or more tickler chains in front of the footrope."

(8) The following Article 32a is inserted:

"Article 32a Catch handling and discharge restrictions on pelagic vessels

1. The maximum space between bars in the water separator on board pelagic fishing vessels targeting mackerel, herring and horse mackerel operating in the NEAFC Convention Area as defined in Article 3(3) of Regulation (EU) No 1236/2010 shall be 10 mm. The bars must be welded in place. If holes are used in the water separator instead of bars, the maximum diameter of the holes must not exceed 10mm. Holes in the chutes before the water separator must not exceed 15 mm in diameter.

2. The possibility to discharge fish under the water line of the vessel from buffer tanks or Refrigerated seawater (RSW) tanks shall be prohibited for all pelagic vessels operating in the NEAFC Convention Area.

3. Drawings related to catch handling and to discharge capabilities of pelagic vessels targeting mackerel, herring and horse mackerel in the NEAFC Convention Area, which are certified by the competent authorities of the flag Member States, as well as any modifications thereto shall be sent by the master of the vessel to the competent fisheries authorities of the flag Member State. The competent authorities of the flag Member State of the vessels shall carry out periodic verifications of the accuracy of the drawings submitted. Copies shall be carried on board the vessel at all times. "

(9) The following Articles 34a to 34f are inserted:

"Article 34a Technical conservation measures in the Irish Sea

1. In the period from 14 February to 30 April it shall be prohibited to use any demersal trawl, seine or similar towed net, any gillnet, trammel net, entangling net or similar static net or any fishing gear incorporating hooks within that part of ICES Division VIIa enclosed by:

– the east coast of Ireland and the east coast of Northern Ireland, and

– straight lines sequentially joining the following geographical coordinates:

– a point on the east coast of the Ards peninsula in Northern Ireland at 54o 30 N,

– 54o30' N, 04o50' W,

– 53o 15' N, 04o50' W,

– a point on the east coast of Ireland at 53o15' N.

2. By way of derogation from paragraph 1, within the area and time period referred to therein:

(a) the use of demersal otter trawls shall be permitted provided that no other type of fishing gear is retained on board and that such nets:

– are of the mesh size ranges either 70-79 mm or 80-99 mm; and

– incorporate no individual mesh, irrespective of its position within the net, of mesh size greater than 300 mm; and

– are deployed only within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

– 53o30' N, 05o30' W

– 53o30' N, 05o20' W

– 54o20' N, 04o50' W

– 54o30' N, 05o10' W

– 54o30' N, 05o20' W

– 54o00' N, 05o50' W

– 54o00' N, 06o10' W

– 53o45' N, 06o10' W

– 53o45' N, 05o30' W

– 53o30' N, 05o30' W

(b) the use of any demersal trawl, seine or similar towed net with a separator panel or a sorting grid shall be permitted provided that no other type of fishing gear is retained on board and that such nets:

– comply with the conditions laid down in paragraph 2(a);

– in the case of a separator panel, is constructed in conformity with the technical details provided in the Annex of Council Regulation (EC) No 254/2002[15]; and

– in the case of sorting grids, are in accordance with Annex XIVa.

(c) Furthermore, any demersal trawl, seine or similar towed net with a separator panel or a sorting grid may also be used within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

– 53o45' N, 06o00' W

– 53o45' N, 05o30' W

– 53o30' N, 05o30' W

– 53o30' N, 06o00' W

– 53o45' N, 06o00' W

"Article 34b Use of gillnets in ICES Divisions IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and ICES Subareas VIII, IX, X and XII

1. Union vessels shall not deploy bottom set gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres in ICES Divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES Subareas XII east of 27o W, VIII, IX and X.

2. All vessels deploying bottom set gillnets or entangling nets at any position where the charted depth is greater than 200 metres in ICES Divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES Subareas XII east of 27o W, VIII, IX and X, must hold a special fixed net fishing authorisation issued by the flag Member State.

3. By way of derogation from paragraph 1 it shall be permitted to use the following gears:

(a) Gillnets in ICES Divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES Subarea XII east of 27o W with a mesh size equal to or greater than 120 mm and less than 150 mm, gillnets in ICES Divisions VIIIa, b, d and ICES Subarea X with a mesh size equal to or greater than 100 mm and less than 130 mm and gillnets in ICES Divisions VIIIc and ICES Subarea IX with a mesh size equal to or greater than 80 mm and less than 110mm provided that:

– they are deployed in waters of less than 600 metres charted depth,

– are no more than 100 meshes deep, have a hanging ratio of not less than 0,5,

– are rigged with floats or equivalent flotation.

– the nets are each of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time does not exceed 25 km per vessel.

– The maximum soak time shall be 24 hours; or

(b) Entangling nets with a mesh size equal to or greater than 250 mm, provided that:

– they are deployed in waters of less than 600 metres charted depth,

– they are no more than 15 meshes deep, have a hanging ratio of not less than 0,33,

– they are not rigged with floats or other means of floatation,

– they shall each be of a maximum of 10 km in length. The total length of all nets deployed at any one time shall not exceed 100 km per vessel.

– The maximum soak time shall be 72 hours;

(c) Gillnets in ICES Divisions IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and ICES Subarea XII East of 27o W with a mesh size equal to or greater than 100 mm and less than 130 mm, provided that:

– they are deployed in waters of more than 200 meters charted depth and less than 600 meters charted depth,

– are no more than 100 meshes deep, have a hanging ratio of not less than 0,5,

– are rigged with floats or equivalent floatation,

– the nets shall each be of a maximum of four nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 20 km per vessel,

– the maximum soak time shall be 24 hours,

– no less than 85 % of the retained catch by weight is comprised of hake,

– the number of vessels participating in the fishery shall not increase above the level recorded in 2008,

– the master of the vessel participating in this fishery shall record in the log-book, prior to leaving port, the quantity and total length of gear carried on board the vessel. A minimum of 15 % of departures shall be subject to inspection,

– the master of the vessel must have on board 90 % of the gear as verified in the Community logbook for that trip at the time of landing, and

– the quantity of all species caught greater than 50 kg, including all quantities discarded greater than 50 kg, must be recorded in the Community logbook.

4. However, this derogation shall not apply in the NEAFC Regulatory Area as defined by Article 3(3) of Regulation (EU) No 1236/2010.

5. Only one of the types of gear described in paragraph 3(a) and 3(b) shall be retained on board the vessel at any one time. Vessels may carry on board nets with a total length 20 % greater than the maximum length of the fleets that may be deployed at any one time.

6. The master of a vessel with a fixed net permit referred to in paragraph 2 shall record in the logbook the amount and lengths of gear carried by a vessel before it leaves port and when it returns to port, and must account for any discrepancy between the two quantities.

7. With regard to vessels benefiting from the derogation referred to in paragraph 3(c) a minimum of 15% of departures shall be subject to inspection.

8. The competent authorities shall have the right to remove unattended gear at sea in ICES Divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES Subareas XII east of 27o W, VIII, IX and X, in the following situations:

(a) -  the gear is not properly marked;

(b) -  the buoy markings or VMS data indicate that the owner has not been located at a distance less than 100 nautical miles from the gear for more than 120 hours;

(c) -  the gear is deployed in waters with a charted depth greater than that permitted;

(d) -  the gear is of an illegal mesh size.

9. The master of a vessel with a fixed net permit referred to in paragraph 6 shall record in the logbook the following information during each fishing trip:

– the mesh size of the net deployed,

– the nominal length of one net,

– the number of nets in a fleet,

– the total number of fleets deployed,

– the position of each fleet deployed,

– the depth of each fleet deployed,

– the soak time of each fleet deployed,

– the quantity of any gear lost, its last known position and date of loss.

10. Vessels fishing with a fixed net authorisation referred to in paragraph 2 shall only be permitted to land in the ports designated by the Member States in accordance with Article 7 of Regulation (EC) 2347/2002[16].

11. The quantity of sharks retained on board by any vessel using the gear type described in paragraph 3(b) shall be no more than 5 % by live-weight of the total quantity of marine organisms retained on board."

Article 34c Condition for fisheries using certain towed gears authorised in the Bay of Biscay

1. By way of derogation from the provisions laid down in Article 5(2) of Commission Regulation (EC) No 494/2002[17] , it shall be permitted to conduct fishing activity using trawls, Danish seines and similar gears, except beam trawls, of mesh size range 70-99 mm in the area defined in Article 5(1)(b) of Regulation (EC) No 494/2002 if the gear is fitted with a square mesh panel in accordance with Annex XIVb.

2. When fishing in ICES Divisions VIII a and b it shall be permitted to use a selective grid and its attachments in front of the codend and/or a square mesh panel with a mesh size equal or more than 60 mm in the lower part of the extension piece in front of the codend. The provisions laid down in Articles 4(1), 6 and 9(1) of this Regulation and in Article 3(a) and (b) of Regulation (EC) No 494/2002 shall not apply as regards the section of the trawl where those selective devices are inserted.

Article 34d Measures for the protection of vulnerable deep-sea habitats in the NEAFC Regulatory Area

1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

The Hecate Seamounts:

– 52o21.2866' N, 31o09.2688' W

– 52o20.8167' N, 30o51.5258' W

– 52o12.0777' N, 30o54.3824' W

– 52o12.4144' N, 31o14.8168' W

– 52o21.2866' N, 31o09.2688' W

The Faraday Seamounts:

– 50o01.7968' N, 29o37.8077' W

– 49o59.1490' N, 29o29.4580' W

– 49o52.6429' N, 29o30.2820' W

– 49o44.3831' N, 29o02.8711' W

– 49o44.4186' N, 28o52.4340' W

– 49o36.4557' N, 28o39.4703' W

– 49o29.9701' N, 28o45.0183' W

– 49o49.4197' N, 29o42.0923' W

– 50o01.7968' N, 29o37.8077' W

Part of the Reykjanes Ridge:

– 55o04.5327' N, 36o49.0135' W

– 55o05.4804' N, 35o58.9784' W

– 54o58.9914' N, 34o41.3634' W

– 54o41.1841' N, 34o00.0514' W

– 54o00.0000' N, 34o00.0000' W

– 53o54.6406' N, 34o49.9842' W

– 53o58.9668' N, 36o39.1260' W

– 55o04.5327' N, 36o49.0135' W

The Altair Seamounts:

– 44o50.4953' N, 34o26.9128' W

– 44o47.2611' N, 33o48.5158' W

– 44o31.2006' N, 33o50.1636' W

– 44o38.0481' N, 34o11.9715' W

– 44o38.9470' N, 34o27.6819' W

– 44o50.4953' N, 34o26.9128' W

The Antialtair Seamounts:

– 43o43.1307' N, 22o44.1174' W

– 43o39.5557' N, 22o19.2335' W

– 43o31.2802' N, 22o08.7964' W

– 43o27.7335' N, 22o14.6192' W

– 43o30.9616' N, 22o32.0325' W

– 43o40.6286' N, 22o47.0288' W

– 43o43.1307' N, 22o44.1174' W

Hatton Bank:

– 59°26.00' N, 14°30.00' W

– 59°12.00' N, 15°08.00' W

– 59°01.00' N, 17°00.00' W

– 58°50.00' N, 17°38.00' W

– 58°30.00' N, 17°52.00' W

– 58°30.00' N, 18°22.00' W

– 58°03.00' N, 18°22.00' W

– 58°03.00' N, 17°30.00' W

– 57°55.00' N, 17°30.00' W

– 57°45.00' N, 19°15.00' W

– 58°11.15' N, 18°57.51' W

– 58°11.57' N, 19°11.97' W

– 58°27.75' N, 19°11.65' W

– 58°39.09' N, 19°14.28' W

– 58°38.11' N, 19°01.29' W

– 58°53.14' N, 18°43.54' W

– 59°00.29' N, 18°01.31' W

– 59°08.01' N, 17°49.31' W

– 59°08.75' N, 18°01.47' W

– 59°15.16' N, 18°01.56' W

– 59°24.17' N, 17°31.22' W

– 59°21.77' N, 17°15.36' W

– 59°26.91' N, 17°01.66' W

– 59°42.69' N, 16°45.96' W

– 59°20.97' N, 15°44.75' W

– 59°21.00' N, 15°40.00' W

– 59°26.00' N, 14°30.00' W

North West Rockall:

– 57o00' N, 14o53' W

– 57o37' N, 14o42' W

– 57o55' N, 14o24' W

– 58o15' N, 13o50' W

– 57o57' N, 13o09' W

– 57o50' N, 13o14' W

– 57o57' N, 13o45' W

– 57o49' N, 14o06' W

– 57o29' N, 14o19' W

– 57o22' N, 14o19' W

– 57o00' N, 14o34' W

– 56o56' N, 14o36' W

– 56o56' N, 14o51' W

South-West Rockall (Empress of Britain Bank):

– 56o24' N, 15o37' W

– 56o21' N, 14o58' W

– 56o04' N, 15o10' W

– 55o51' N, 15o37' W

– 56o10' N, 15o52' W

Logachev Mound:

– 55°17' N, 16°10' W

– 55°34' N, 15°07' W

– 55°50' N, 15°15' W

– 55°33' N, 16°16' W

– 55°17' N, 16°10' W

West Rockall Mound:

– 57o20' N, 16o30' W

– 57o05' N, 15o58' W

– 56o21' N, 17o17' W

– 56o40' N, 17o50' W

2. Where, in the course of fishing operations in new and existing bottom fishing areas within the NEAFC Regulatory Area, the quantity of live coral or live sponge caught per gear set exceeds 60 kg of live coral and/or 800 kg of live sponge, the vessel shall inform its flag State, cease fishing and move at least 2 nautical miles away from the position that the evidence suggests is closest to the exact location where this catch was made.

Article 34e Measures for the protection of vulnerable deep-sea habitats in ICES Divisions VIIc, j, k

1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 coordinate system:

Belgica Mound Province:

– 51o29.4' N, 11o51.6' W

– 51o32.4' N, 11o41.4' W

– 51o15.6' N, 11o33.0' W

– 51o13.8' N, 11o44.4' W

Hovland Mound Province:

– 52o16.2' N, 13o12.6' W

– 52o24.0' N, 12o58.2' W

– 52o16.8' N, 12o54.0' W

– 52o16.8' N, 12o29.4' W

– 52o04.2' N, 12o29.4' W

– 52o04.2' N, 12o52.8' W

– 52o09.0' N, 12o56.4' W

– 52o09.0' N, 13o10.8' W

North-West Porcupine Bank Area I:

– 53o30.6' N, 14o32.4' W

– 53o35.4' N, 14o27.6' W

– 53o40.8' N, 14o15.6' W

– 53o34.2' N, 14o11.4' W

– 53o31.8' N, 14o14.4' W

– 53o24.0' N, 14o28.8' W

North-West Porcupine Bank Area II:

– 53o43.2' N, 14o10.8' W

– 53o51.6' N, 13o53.4' W

– 53o45.6' N, 13o49.8' W

– 53o36.6' N, 14o07.2' W

South-West Porcupine Bank:

– 51o54.6' N, 15o07.2' W

– 51o54.6' N, 14o55.2' W

– 51o42.0' N, 14o55.2' W

– 51o42.0' N, 15o10.2' W

– 51o49.2' N, 15o06.0' W

2. All pelagic vessels fishing in the protected areas for vulnerable deep-sea habitats set out in paragraph 1 must be on an authorised list of vessels and be issued with a special fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009 which must be held onboard. Vessels included in the authorised list shall carry on board exclusively pelagic gear.

3. Pelagic vessels intending to fish in a protected area for vulnerable deep-sea habitats as set out in paragraph 1 must give four hours advance notification of their intention to enter a protected area for vulnerable deep-sea habitats to the Irish Fisheries Monitoring Centre (FMC) as defined in Article 4(15) of Regulation (EC) No 1224/2009. They shall at the same time notify quantities of fish retained on board.

4. Pelagic vessels fishing in a protected area for vulnerable deep-sea habitats as set out in paragraph 1 must have an operational, fully functioning secure Vessel Monitoring System (VMS) which complies fully with the respective rules when in a protected area for vulnerable deep-sea habitats.

5. Pelagic vessels fishing in a protected area for vulnerable deep-sea habitats as set out in paragraph 1 must make VMS reports every hour.

6. Pelagic vessels who have concluded fishing in a protected area for vulnerable deep-sea habitats as set out in paragraph 1 must inform the Irish FMC on departure from the area. They shall at the same time notify quantities of fish retained on board.

7. Fishing for pelagic species in a protected area for vulnerable deep-sea habitats as set out in paragraph 1 is restricted to having onboard or fishing with nets with a mesh size in the range of 16-31 mm or 32-54 mm.

Article 34f Measures for the protection of a vulnerable deep-sea habitat in ICES Division VIIIc

1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

El Cachucho:

– 44o12.00' N, 05o16.00' W

– 44o12.00' N, 04o26.00' W

– 43o53.00' N, 04o26.00' W

– 43o 53.00' N, 05o16.00' W

2. By way of derogation from the prohibition set out in the paragraph 1, vessels having conducted fisheries with bottom set long-lines in 2006, 2007 and 2008 targeting greater forkbeard may obtain from their fishing authorities a special fishing authorisation allowing them to continue conducting that fishery in the area south of 44o00.00' N. All vessels having obtained this special fishing authorisation shall, independently from their overall length, have in use an operational, fully functioning secure VMS which complies with the respective rules, when conducting fisheries in the area set out in paragraph 1."

(10) Article 38 is deleted.

(11) Article 47 is deleted.

(12) In Annex I, footnote 6 to the table is deleted.

(13) In Annex XII, in the table, the rows corresponding to the short-necked clam and the octopus are replaced by the following:

Species || Minimum Size

Regions 1 to 5, except Skagerrak/Kattegat || Skagerrak/Kattegat

Short-necked clam (Ruditapes philippinarum) || 35mm ||

Species || Minimum Size: Regions 1 to 5, except Skagerrak/Kattegat

Octopus (Octopus Vulgaris) || Whole area except waters under sovereignty or jurisdiction of Region 5: 750 grammes Waters under sovereignty or jurisdiction of Region 5: 450 grammes (gutted)

(14) In Annex XIV, the following are inserted in their corresponding alphabetical order of vernacular names:

VERNACULAR NAME || SCIENTIFIC NAME

Boarfish || Capros aper

Greater forkbeard || Phycis blennoides

Redfish || Sebastes spp.

Sardinelles || Sardinella aurita

(15) The following Annexes XIVa to XIVd are inserted:

"ANNEX XIVa

SPECIFICATIONS FOR A SORTING GRID

1. The grid shall be rectangular. The bars of the grid shall be parallel to the longitudinal axis of the grid. The bar spacing of the grid shall not exceed 35 mm. It shall be permitted to use one or more hinges in order to facilitate its storage on the net drum.

2. The grid shall be mounted diagonally in the trawl, upwards backwards, anywhere from just in front of the codend to the anterior end of the untapered section. All sides of the grid shall be attached to the trawl.

3. In the upper panel of the trawl there shall be an unblocked fish outlet in immediate connection to the upper side of the grid. The opening of the fish outlet shall have the same width in the posterior side as the width of the grid and shall be cut out to a tip in the anterior direction along mesh bars from both sides of the grid.

4. It shall be permitted to attach in front of the grid a funnel to lead the fish towards the trawl floor and grid. The minimum mesh size of the funnel shall be 70 mm. The minimum vertical opening of the guiding funnel towards the grid shall be 15 cm. The width of the guiding funnel towards the grid shall be the grid width.

ANNEX XIVb

CONDITIONS FOR FISHERIES WITH CERTAIN TOWED GEARS AUTHORISED IN THE BAY OF BISCAY

1. Specifications of the top square mesh panel

The panel shall be a rectangular section of netting. There shall be only one panel. The panel shall not be obstructed in any way by either internal or external attachments.

2. Location of the panel

The panel shall be inserted into the middle of the top panel of the rear tapered section of the trawl just in front of the untapered section constituted by the extension piece and the codend.

The panel shall terminate not more than 12 meshes from the hand braided row of meshes between the extension piece and the rear tapered section of the trawl.

3. Size of the panel

The length of the panel shall be at least 2 metres and the width of the panel at least 1 metre.

4. Netting of the panel

The meshes shall have a minimum mesh opening of 100 mm. The meshes will be square meshes, i.e. all four sides of the panel netting shall be cut all bars.

The netting shall be mounted such that the bars run parallel and perpendicular to the longitudinal axis of the codend.

The netting shall be single twine. The twine thickness shall be not more than 4 mm.

5. Insertion of the panel into the diamond mesh netting

It shall be permitted to attach a selvedge on the four sides of the panel. The diameter of this selvedge shall be no more than 12 mm.

The stretched length of the panel shall be equal to the stretched length of the diamond meshes attached to the longitudinal side of the panel.

The number of diamond meshes of the top panel attached to the smallest side of the panel (i.e. one metre long side which is perpendicular to the longitudinal axis of the codend) shall be at least the number of full diamond meshes attached to the longitudinal side of the panel divided by 0,7.

6. The insertion of the panel into the trawl is illustrated below.

ANNEX XIVc

SQUARE MESH PANEL FOR VESSELS OF GREATER THAN 15METRES

1. Specifications of the top square mesh panel

The panel shall be a rectangular section of netting. The netting shall be single twine. The meshes shall be square meshes, i.e. all four sides of the panel netting shall be cut all bars. The mesh size shall be equal or more than 120 mm. The length of the panel shall be at least 3 metres except when incorporated into nets towed by vessels of less than 112 kilowatts, when it must be of at least 2 metres in length.

2. Location of the panel

The panel shall be inserted into the top panel of the codend. The rearmost edge of the panel shall be no more than 12 metres from the codline as defined in Article 8 of Commission Regulation (EEC) No 3440/84[18].

3. Insertion of the panel into the diamond mesh netting

There shall be no more than two open diamond meshes between the longitudinal side of the panel and the adjacent selvedge. The stretched length of the panel shall be equal to the stretched length of the diamond meshes attached to the longitudinal side of the panel. The joining rate between the diamond meshes of the top panel of the codend and the smallest side of the panel shall be three diamond meshes to one a square mesh for 80 mm codends, or two diamond meshes to one square mesh for 120 mm codends, except for edge bars of the panel from both sides.

ANNEX XIVd

SQUARE MESH PANEL FOR VESSELS OF LESS THAN 15METRES

1. Specifications of the top square mesh panel

The panel shall be a rectangular section of netting. The netting shall be single twine. The meshes shall be square meshes, i.e. all four sides of the panel netting shall be cut all bars. The mesh size shall be equal or more than 110 mm. The length of the panel shall be at least 3 metres except when incorporated into nets towed by vessels of less than 112 kilowatts, when it must be of at least 2 metres in length.

2.         Location of the panel

The panel shall be inserted into the top panel of the codend. The rearmost edge of the panel shall be no more than 12 metres from the codline as defined in Article 8 of Commission Regulation (EEC) No 3440/84.

3.         Insertion of the panel into the diamond mesh netting

There shall be no more than two open diamond meshes between the longitudinal side of the panel and the adjacent selvedge. The stretched length of the panel shall be equal to the stretched length of the diamond meshes attached to the longitudinal side of the panel. The joining rate between the diamond meshes of the top panel of the codend and the smallest side of the panel shall be two diamond meshes to one a square mesh, except for edge bars of the window from both sides."

Article 2 Repeal of Regulation (EC) No 1288/2009

Regulation (EC) No 1288/2009 is hereby repealed.

Article 3 Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels,

For the European Parliament                       For the Council

The President                                                 The President

[1]               COM(2008)324.

[2]               OJ L 125, 27.4.1998, p. 1.

[3]               OJ L 22, 26.1.2009, p. 1

[4]               OJ L 347, 24.12.2009, p 6.

[5]               Regulation (EU) No 579/2011 of the European Parliament and the Council of 8 June 2011 amending Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and Council Regulation (EC) No 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011 (OJ L 165, 24.6.2011, p. 1).

[6]               Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7.

[7]               SEC(2008)1978.

[8]               OJ L 55, 28.02.2008, p. 19.

[9]               OJ L 347, 24.12.2009, p. 6.

[10]             OJ L 125, 27.4.1998, p.1.

[11]             OJ L 22, 26.1.2009, p.1.

[12]             OJ L 343, 22.12.2009, p. 1.

[13]             OJ L 351, 28.12.2002, p.6

[14]             OJ L 348, 31.12.2010, p. 17.

[15]             OJ L 41, 13.2.2002, p. 1.

[16]             OJ L 351, 28.12.2002, p.6

[17]             OJ L 77, 20.3.2002, p. 8.

[18]             OJ L 318, 07.12.1984, p.23