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20.3.2013 Official
Journal
of
the
European
Union
L
78/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 227/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 March 2013
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 1434/98 specifying conditions under which herring may be landed for industrial purposes other
than direct human consumption
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
fishing opportunities and associated conditions for
EUROPEAN UNION,
certain fish stocks and groups of fish stocks, applicable
in Community waters and, for Community vessels, in
waters where catch limitations are required ( 5 ) on a tran
Having regard to the Treaty on the Functioning of the European
sitional basis until 31 December 2012.
Union, and in particular Article 43(2) thereof,
(2) A
new
technical
conservation
measures
framework
is
Having regard to the proposal from the European Commission,
awaited pending the reform of the Common Fisheries
Policy (CFP). The unlikelihood that such a new
framework will be in place by the end of 2012
After transmission of the draft legislative act to the national
justifies the extension of the application of those transi
parliaments,
tional technical measures.
Having regard to the opinion of the European Economic and
(3) In
order
to
ensure
the
continuation
of
proper
conser
Social Committee ( 1 ),
vation and management of marine biological resources,
Council Regulation (EC) No 850/98 ( 6 ) should be updated
by incorporating the transitional technical measures into
Acting in accordance with the ordinary legislative procedure ( 2 ),
it.
Whereas:
(4) In
order
to
ensure
the
continuation
of
proper
conser
vation and management of marine biological resources
in the Black Sea, minimum landing and mesh sizes for
(1) Council
Regulation
(EC)
No
1288/2009
of
27
November
the turbot fishery as previously established in Union law
2009 establishing transitional technical measures from
should be incorporated into Regulation (EC) No 850/98.
1 January 2010 to 30 June 2011 ( 3 ) and Regulation
(EU) No 579/2011 of the European Parliament and of
the Council of 8 June 2011 amending Council Regu
lation (EC) No 850/98 for the conservation of fishery
(5) The
prohibition
of
highgrading
in
all
ICES
areas
should
resources through technical measures for the protection
be maintained in order to reduce the discarding of quota
of juveniles of marine organisms and Council Regulation
species.
(EC) No 1288/2009 establishing transitional technical
measures from 1 January 2010 to 30 June 2011 ( 4 )
provide for the continuation of certain technical
(6)
On the basis of consultations held in 2009 between the
measures established in Council Regulation (EC)
Union, Norway and the Faroe Islands, with a view to
No 43/2009 of 16 January 2009 fixing for 2009 the
reducing unwanted catches, a prohibition on the
releasing or slipping of certain species, as well as a
( 1 ) OJ C 351, 15.11.2012, p. 83.
requirement to move fishing grounds when 10 % of
( 2 ) Position of the European Parliament of 6 February 2013 (not yet
the catch contains undersized fish, should be introduced,.
published in the Official Journal) and decision of the Council of
25 February 2013.
( 3 ) OJ L 347, 24.12.2009, p. 6.
( 5 ) OJ L 22, 26.1.2009, p. 1.
( 4 ) OJ L 165, 24.6.2011, p. 1.
( 6 ) OJ L 125, 27.4.1998, p. 1.

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L 78/2
EN
Official Journal of the European Union
20.3.2013
(7)
In the light of advice from the Scientific, Technical and
(18) The
appropriateness
of
the
prohibition
on
fishing
for
Economic Committee for Fisheries (STECF), the
cod, haddock and whiting in ICES sub-area VI should
restrictions on landing or retaining on board herring
be periodically reviewed in the light of scientific advice,
caught in ICES division IIa should be maintained.
with a view to its amendment or repeal.
(8)
In the light of advice from STECF, an area closure for the
(19) In
the
light
of
advice
from
ICES
and
STECF,
measures
to
protection of spawning herring in ICES division VIa is no
protect cod stocks in the Celtic Sea (ICES divisions VIIf
longer necessary to ensure the sustainable exploitation of
and g) should be maintained.
that species, and that closure should therefore be
repealed.
(20) In
the
light
of
advice
from
STECF,
measures
to
protect
spawning aggregations of blue ling in ICES division VIa
(9) In
the
light
of
advice
from
STECF
linking
low
sand
eel
should be maintained.
availability to the poor breeding success of kittiwakes, an
area closure in ICES sub-area IV should be maintained,
except for a limited fishery each year to monitor the
stock.
(21) Measures
established
in
2011
by
the
Northeast
Atlantic

Fisheries Commission (NEAFC) to protect redfish in inter
national waters of ICES sub-areas I and II should be
maintained.
(10) In
the
light
of
advice
from
STECF,
it
should
be
possible
to authorise the use of gears that do not catch Norway
lobster in certain areas where fishing for Norway lobster
is prohibited.
(22) Measures established by NEAFC in 2011 to protect
redfish in the Irminger Sea and adjacent waters should
be maintained.
(11) In
the
light
of
advice
from
STECF,
an
area
closure
to
protect juvenile haddock in ICES division VIb should
be maintained.
(23) 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.
(12) In the light of advice from ICES and STECF, certain
technical conservation measures in the waters west of
Scotland (ICES division VIa) to protect cod, haddock
and whiting stocks should be maintained in order to
(24) On the basis of consultations held in 2009 between the
contribute to the conservation of fish stocks.
Union, Norway and the Faroe Islands, certain measures
to restrict the catch handling and discharge capabilities of
pelagic vessels targeting mackerel, herring and horse
(13) In the light of advice from STECF, the use of handlines
mackerel in the North-East Atlantic should be imple
and automated jigging equipment for saithe in ICES
mented, on a permanent basis.
division VIa should be allowed.
(25) In
the
light
of
advice
from
ICES,
technical
conservation
(14) In the light of advice from STECF on the spatial
measures to protect adult cod stocks in the Irish Sea
distribution of cod in ICES division VIa which shows
during the spawning season should be maintained.
that a large majority of cod catches are caught north
of 59° N, the use of gillnets south of this line should
be allowed.
(26) In the light of advice from STECF, the use of sorting
grids in a restricted area in ICES division VIIa should
be allowed.
(15) In the light of advice from STECF, the use of gillnets for
lesser spotted dogfish in ICES division VIa should be
allowed.
(27) In
light
of
advice
from
STECF,
fishing
with
gillnets
and
entangling nets in ICES divisions IIIa, VIa, VIb, VIIb, VIIc,
VIIj and VIIk and ICES sub-areas VIII, IX, X and XII east
(16) The
appropriateness
of
the
characteristics
of
gears
in
the
of 27° W in waters with a charted depth of more than
derogation to fish with trawls, demersal seines or similar
200 metres but less than 600 metres should only be
gears in ICES division VIa should be periodically reviewed
allowed under certain conditions that provide protection
in the light of scientific advice with a view to their
for biologically sensitive deep-sea species.
amendment or repeal.
(28) It
is
important
to
clarify
the
interaction
between
the
(17) In
the
light
of
advice
from
STECF,
an
area
closure
to
different regimes applicable to fishing with gillnets,
protect juvenile cod in ICES division VIa should be intro
especially in ICES sub-area VII. More particularly, it
duced.
should be made clear that the specific derogation for

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EN
20.3.2013 Official
Journal
of
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European
Union
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fishing with gillnets with a mesh size equal to or greater
(37) An equivalent measure to the minimum landing size for
than 100 millimetres in ICES divisions IIIa, IVa, Vb, VIa,
anchovy in terms of the number of fish per kg should be
VIb, VII b, c, j and k as well as the specific conditions
introduced, as this would simplify work on board vessels
related to that derogation, only applies in waters with a
targeting this species and facilitate control measures
charted depth of more than 200 metres but less than
ashore.
600 metres and that, consequently, the default rules
concerning the mesh-size range and the catch
composition set out in Regulation (EC) No 850/98
apply in ICES divisions VIIa, VIId, VIIe, VIIf, VIIg and
(38) Specifications for a sorting grid to be used for the
VIIh and in waters with a charted depth of less than
reduction of the by-catch in fisheries for Norway
200 metres in ICES divisions IIIa, IVa, Vb, VIa, VIb,
Lobster in ICES division IIIa, ICES sub-area VI and ICES
VIIb, c, j and k.
division VIIa should be maintained.

(29) In the light of advice from STECF, the use of trammel
(39) Specifications
for
square
mesh
panels
to
be
used
under
nets in ICES sub-area IX in waters with a charted depth
certain conditions for fisheries with certain towed gears
more than 200 metres but less than 600 metres should
in the Bay of Biscay should be maintained.
be allowed.
(40) The
use
of
2
metre
square-meshed
panels
by
vessels
with
(30) The
use
of
certain
selective
gears
should
continue
to
be
an engine power of less than 112 kW in a restricted area
permitted in the Bay of Biscay in order to ensure the
in ICES division VIa should be allowed.
sustainable exploitation of the hake and Norway lobster
stocks and to reduce discards of these species.
(41) The
term
‘Community’
used
in
the
enacting
terms
of
Regulation (EC) No
850/98 should be changed,
(31) Restrictions on fishing in certain areas in order to protect
following the entry into force of the Treaty of Lisbon
vulnerable deep-sea habitats in the NEAFC Regulatory
on 1 December 2009.
Area adopted by NEAFC in 2004 and in certain areas
in ICES divisions VIIc, j and k and ICES division VIIIc,
adopted by the Union in 2008, should remain in place.
(42) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of rules on the use of gears having equivalent high
selectivity when fishing for Norway lobster in ICES
(32) According to the advice of a joint Union/Norway
division VIa and of rules excluding specific fisheries of
Working Group on technical measures the weekend
a Member State from the application of the prohibition
ban on fishing for herring, mackerel or sprat with
to use gillnets, entangling or trammel nets in ICES sub-
trawls or purse seines in the Skagerrak and Kattegat no
areas VIII, IX and X where the level of shark by-catches
longer contributes to the conservation of pelagic fish
and of discards is very low, implementing powers should
stocks due to changes in fishing patterns. Consequently,
be conferred on the Commission. Those powers should
on the basis of consultations held between the Union,
be exercised without applying Regulation (EU)
Norway and the Faroe Islands in 2011, this ban should
No 182/2011 of the European Parliament and of the
be revoked.
Council of 16 February 2011 laying down the rules
and general principles concerning mechanisms for
control by Member States of the Commission’s exercise
(33) For
the sake of clarity and better regulation, some
of implementing powers ( 1 ).
obsolete provisions should be deleted.
(43) Regulation
(EC)
No
850/98
should
therefore
be
amended
(34) In
order
to
reflect
changes
in
fishing
patterns
and
the
accordingly.
adoption of more selective gears the mesh size ranges,
target species and required catch percentages applicable
in the Skagerrak and Kattegat should be maintained.
(44) Council
Regulation (EC) No
1434/98
( 2 ) provides for
specific conditions under which herring may be landed
for industrial purposes other than direct human
(35) The
minimum
sizes
for
short-necked
clam
should
be
consumption. A specific derogation from the conditions
revised in the light of biological data.
for landing by-catches of herring in small meshed
fisheries in ICES division IIIa, sub-area IV, division VIId
and Union waters of ICES division IIa, previously
(36) A
minimum
size
for
octopus
in
catches
taken
in
waters
included in other Union acts, should be incorporated
under the sovereignty or jurisdiction of third countries
into that Regulation. Regulation (EC) No
1434/98
and situated in the region of the Fishery Committee for
should therefore be amended accordingly,
the Eastern Central Atlantic (CECAF) has been set in
order to contribute to the conservation of octopus, and
( 1 ) OJ L 55, 28.2.2011, p. 13.
in particular to protect juveniles.
( 2 ) OJ L 191, 7.7.1998, p. 10.

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L 78/4
EN
Official Journal of the European Union
20.3.2013
HAVE ADOPTED THIS REGULATION:
(7) the following title is inserted.
Article 1
‘TITLE IIIa
Amendments to Regulation (EC) No 850/98
Measures to reduce discarding
Regulation (EC) No 850/98 is amended as follows:
Article 19a
Prohibition of highgrading
(1) the following article is inserted:
1. Within Regions 1, 2, 3 and 4 the discarding, during
‘Article 1a
fishing operations, of species subject to quota which can
be legally landed shall be prohibited.
In Article 4(2)(c), Article 46(1)(b) and in Annex I, footnote
(5), the noun “Community”, or the corresponding
adjective, is replaced by the noun “Union”, or the
2. The
provisions
referred
to
in
paragraph
1
are
corresponding adjective, and any grammatical adjustments
without prejudice to the obligations set out in this Regu
needed as a consequence of this replacement shall be
lation or in any other Union legal acts in the field of
made.’;
fisheries.
(2) in Article 2(1) the following point is added:
Article 19b
Moving-on provisions and prohibition on slipping
‘(i) Region 9
1. Within Regions 1, 2, 3 and 4, where the quantity of
undersized mackerel, herring or horse mackerel exceeds
All waters of the Black Sea corresponding to the
10 % of the total quantity of the catches in any one
geographical sub-area 29 as defined in Annex I to
haul, the vessel shall move fishing grounds.
Regulation (EU) No 1343/2011 of the European
Parliament and of the Council of 13 December 2011
on certain provisions for fishing in the GFCM
2. Within Regions 1, 2, 3 and 4 it is prohibited to
(General Fisheries Commission for the Mediterra-
release mackerel, herring or horse mackerel before the
nean) Agreement area
(*) and in Resolution
net is fully taken on board a fishing vessel resulting in
GFCM/33/2009/2.
the loss of dead or dying fish.’;
___________
(*) OJ L 347, 30.12.2011, p. 44.’;
(8) in Article 20(1), point (d) is deleted;
(9) the following article is inserted:
(3) in Article 11(1) the following subparagraph is added:
‘Article 20a
‘This derogation shall apply without prejudice to
Article 34b(2)(c).’;
Restrictions on fishing for herring in Union waters of
ICES division IIa
(4) the following article is inserted:
It shall be prohibited to land or retain on board herring
caught in Union waters of ICES division IIa in the periods
‘Article 11a
from 1 January to 28 February and from 16 May to 31
December.’;
In Region 9, the minimum mesh size for bottom set
gillnets, when used to catch turbot, shall be 400 milli
metres.’;
(10) Article 29a is replaced by the following:
(5) Article 17 is replaced by the following:
‘Article 29a
Closure of an area for sand eel fisheries in ICES sub-
‘Article 17
area IV
A marine organism is undersized if its dimensions are
1. It
shall
be
prohibited
to
land
or
retain
on
board
sand
smaller than the minimum dimensions specified in
eels caught within the geographical area bounded by the
Annex XII and Annex XIIa for the relevant species and
east coast of England and Scotland, and enclosed by
the relevant geographical area.’;
sequentially joining with rhumb lines the following coor
dinates, which shall be measured according to the WGS84
(6) in Article 19, the following paragraph is added:
system:
‘4. Paragraphs 2 and 3 shall not apply in Region 9.’;
— the east coast of England at latitude 55°30′ N,

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20.3.2013 Official
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— latitude 55°30′ N, longitude 01°00′ W,
— 56°40′ N, 08°55′ W
— latitude 58°00′ N, longitude 01°00′ W,
— 57°00′ N, 09°00′ W
— latitude 58°00′ N, longitude 02°00′ W,
— 57°20′ N, 09°20′ W
— the east coast of Scotland at longitude 02°00′ W.
— 57°50′ N, 09°20′ W
— 58°10′ N, 09°00′ W
2. Fisheries
for
scientific
investigation
shall
be
allowed
in order to monitor the sand eel stock in the area and the
— 58°40′ N, 07°40′ W
effects of the closure.’;
— 59°00′ N, 07°30′ W
(11) in Article 29b, paragraph 3 is replaced by the following:
— 59°20′ N, 06°30′ W
— 59°40′ N, 06°05′ W
‘3. By
way
of
derogation
from
the
prohibition
laid
down in paragraph 1, fishing with creels that do not
— 59°40′ N, 05°30′ W
catch Norway lobster shall be authorised in the
geographical areas and during the periods set out in that
— 60°00′ N, 04°50′ W
paragraph.’;
— 60°15′ N, 04°00′ W.
(12) the following articles are inserted:
2. Any
fishing
vessel
present
within
the
area
referred
to
in paragraph 1 of this Article shall ensure that any fishing
‘Article 29c
gears carried on board are lashed and stowed in
Rockall Haddock box in ICES sub-area VI
accordance with Article 47 of Council Regulation (EC)
No 1224/2009 of 20 November 2009 establishing a
1. All
fishing
of
Rockall
haddock,
except
with
longlines,
Community control system for ensuring compliance with
shall be prohibited in the areas enclosed by sequentially
the rules of the common fisheries policy (*).
joining with rhumb lines the following coordinates, which
shall be measured according to the WGS84 system:
3. By
way
of
derogation
from
paragraph
1,
it
shall
be
— 57°00′ N, 15°00′ W
permitted to conduct fishing activities within the area
referred to in that paragraph using inshore static nets
— 57°00′ N, 14°00′ W
fixed with stakes, scallop dredges, mussel dredges, hand
lines, mechanised jigging, draft nets and beach seines, pots
— 56°30′ N, 14°00′ W
and creels, provided that:
— 56°30′ N, 15°00′ W
(a) no fishing gears other than inshore static nets fixed
— 57°00′ N, 15°00′ W.
with stakes, scallop dredges, mussel dredges, handlines,
mechanised jigging, draft nets and beach seines, pots
and creels are carried on board or deployed; and
Article 29d
Restrictions on fishing for cod, haddock and whiting
(b) no fish other than mackerel, pollack, saithe and
in ICES sub-area VI
salmon, or shellfish other than molluscs and crus
1. It
shall
be
prohibited
to
conduct
any
fishing
activity
taceans are retained on board, landed or brought
for cod, haddock and whiting within that part of ICES
ashore.
division VIa that lies to the east or to the south of those
rhumb lines which sequentially join the following coor
dinates, which shall be measured according to the WGS84
4. By
way
of
derogation
from
paragraph
1,
it
shall
be
system:
permitted to conduct fishing activities within the area
referred to in that paragraph using nets with a mesh
— 54°30′ N, 10°35′ W
size of less than 55 millimetres, provided that:
— 55°20′ N, 09°50′ W
(a) no net of mesh size greater than or equal to 55 milli
— 55°30′ N, 09°20′ W
metres is carried on board; and

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Official Journal of the European Union
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(b) no fish other than herring, mackerel, pilchard/sardines,
8. Paragraph
7
shall
not
apply
within
the
area
enclosed
sardinelles, horse mackerel, sprat, blue whiting,
by sequentially joining with rhumb lines the following
boarfish and argentines are retained on board.
coordinates, which shall be measured according to the
WGS84 system:
5. By
way
of
derogation
from
paragraph
1,
it
shall
be
— 59°05′ N, 06°45′ W
permitted to conduct fishing activities within the area
referred to in that paragraph using gillnets of mesh size
greater than 120 millimetres, provided that:
— 59°30′ N, 06°00′ W
— 59°40′ N, 05°00′ W
(a) they are only deployed in the area south of 59° N;
— 60°00′ N, 04°00′ W
(b) the maximum length of gillnet deployed is 20 km per
vessel;
— 59°30′ N, 04°00′ W
— 59°05′ N, 06°45′ W.
(c) the maximum soak time is 24 hours; and
(d) no more than 5 % of the catch is made up of whiting
and cod.
9. By
way
of
derogation
from
paragraph
1,
it
shall
be
permitted to fish with trawls, demersal seines or similar
gears within the area set out in that paragraph, provided
6. By
way
of
derogation
from
paragraph
1,
it
shall
be
that:
permitted to conduct fishing activities within the area
referred to in that paragraph using gillnets with a mesh
size that is greater than 90 millimetres, provided that:
(a) all nets on board the vessel are constructed with a
(a) they are only deployed within 3 nautical miles of the
minimum mesh size of 120 millimetres for vessels
coastline and for a maximum of 10 days per calendar
with an overall length of more than 15 metres and
month;
of 110 millimetres for all other vessels;
(b) the maximum length of gillnet deployed is 1 000
metres;
(b) where the catch retained on board includes less than
90 % saithe the fishing gear used incorporates a square
mesh panel as described in Annex XIVc; and
(c) the maximum soak time is 24 hours; and
(d) at least 70 % of the catch is made up of lesser spotted
dogfish.
(c) where the overall length of the vessel is less than or
equal to 15 metres, regardless of the quantity of saithe
retained on board, the fishing gear used incorporates a
7. By
way
of
derogation
from
paragraph
1,
it
shall
be
square-mesh panel as described in Annex XIVd.
permitted to fish for Norway lobster within the area set
out in that paragraph, provided that:
(a) the fishing gear used incorporates a sorting grid in
10. No
later
than
1
January
2015
and
no
later
than
accordance with points 2 to 5 of Annex XIVa, or a
every two years thereafter, the Commission shall, in the
square-mesh panel as described in Annex XIVc, or is
light of scientific advice by STECF, assess the characteristics
another gear with equivalent high selectivity;
of gears specified in paragraph 9 and, where appropriate,
submit to the European Parliament and to the Council a
proposal for amendment of paragraph 9.
(b) the fishing gear is constructed with a minimum mesh
size of 80 millimetres;
11. Paragraph
9
shall
not
apply
within
the
area
(c) at least 30 % of the retained catch by weight is
enclosed by sequentially joining with rhumb lines the
Norway lobster.
following coordinates, which shall be measured
according to the WGS84 system:
The Commission shall, on the basis of a favourable
opinion by STECF, adopt implementing acts, determining
— 59°05′ N, 06°45′ W
which gears are to be considered to have equivalent high
selectivity for the purpose of point (a).
— 59°30′ N, 06°00′ W

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— 59°40′ N, 05°00′ W
by STECF and, where appropriate, submit to the European
Parliament and the Council a proposal for the amendment
— 60°00′ N, 04°00′ W
of this Article.
— 59°30′ N, 04°00′ W
Article 29e
— 59°05′ N, 06°45′ W.
Restrictions on fishing for cod in ICES sub-area VII
1. From
1
February
until
31
March
each
year,
it
shall
be prohibited to conduct any fishing activity in ICES sub-
12. From
1
January
to
31
March,
and
from
1
October
area VII in the area which consists of ICES statistical
to 31 December each year, it shall be prohibited to
rectangles: 30E4, 31E4, 32E3. This prohibition shall not
conduct any fishing activity using any of the gears
apply within 6 nautical miles from the baseline.
specified in Annex I to Council Regulation (EC)
No 1342/2008 of 18 December 2008 establishing a
long-term plan for cod stocks and the fisheries exploiting
2. By
way
of
derogation
from
paragraph
1,
it
shall
be
those stocks (**) in the area specified in ICES area VIa
permitted to conduct fishing activities using inshore static
enclosed by sequentially joining with rhumb lines the
nets fixed with stakes, scallop dredges, mussel dredges,
following coordinates, which shall be measured
draft nets and beach seines, handlines, mechanised
according to the WGS84 system:
jigging, pots and creels within the area and time periods
referred to in that paragraph, provided that:
— 55°25′ N, 07°07′ W
— 55°25′ N, 07°00′ W
(a) no fishing gears other than inshore static nets fixed
with stakes, scallop dredges, mussel dredges, draft
— 55°18′ N, 06°50′ W
nets and beach seines, handlines, mechanised jigging,
pots and creels are carried on board or deployed; and
— 55°17′ N, 06°50′ W
(b) no fish other than mackerel, pollack, salmon, or
— 55°17′ N, 06°52′ W
shellfish other than molluscs and crustaceans are
landed, retained on board or brought ashore.
— 55°25′ N, 07°07′ W.
3. By
way
of
derogation
from
paragraph
1,
it
shall
be
permitted to conduct fishing activities within the area
Neither the master of a fishing vessel nor any other person
referred to in that paragraph using nets of mesh size
on board shall cause or permit a person on board to
less than 55 millimetres, provided that:
attempt to fish for, land, tranship or have on board fish
caught in the specified area.
(a) no net of mesh size greater than or equal to 55 milli
metres is carried on board; and
13. Each
Member
State
concerned
shall
implement
an
onboard observer programme from 1 January to 31
December each year in order to sample the catches and
(b) no fish other than herring, mackerel, pilchard/sardines,
discards of vessels benefiting from the derogations
sardinelles, horse mackerel, sprat, blue whiting,
provided for in paragraphs 5, 6, 7 and 9. The observer
boarfish and argentines are retained on board.
programmes shall be carried out without prejudice to the
obligations under the respective rules and shall aim to
estimate cod, haddock and whiting catches and discards
Article 29f
with a precision of at least 20 %.
Special rules for the protection of blue ling
1. From
1
March
to
31
May
each
year
it
shall
be
prohibited to retain on board any quantity of blue ling
14.
Member States concerned shall produce a report on
in excess of 6 tonnes per fishing trip in the areas of ICES
the total amount of catches and discards made by vessels
division VIa enclosed by sequentially joining with rhumb
subject to the observer programme during each calendar
lines the following coordinates, which shall be measured
year and shall submit it to the Commission no later than 1
according to the WGS84 system:
February of the following calendar year.
(a) Edge of Scottish continental shelf
15. No later than 1 January 2015 and no later than
every two years thereafter, the Commission shall assess the
— 59°58′ N, 07°00′ W
state of cod, haddock and whiting stocks in the area
specified in paragraph 1 in the light of scientific advice
— 59°55′ N, 06°47′ W

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L 78/8
EN
Official Journal of the European Union
20.3.2013
— 59°51′ N, 06°28′ W
2. When
entering
and
exiting
the
areas
referred
to
in
paragraph 1, the master of a fishing vessel shall record the
— 59°45′ N, 06°38′ W
date, time and place of entry and exit in the logbook.
— 59°27′ N, 06°42′ W
— 59°22′ N, 06°47′ W
3. In
either
of
the
two
areas
referred
to
in
paragraph
1,
if a vessel reaches the 6 tonnes of blue ling:
— 59°15′ N, 07°15′ W
— 59°07′ N, 07°31′ W
(a) it shall immediately cease fishing and exit the area in
which it is present;
— 58°52′ N, 07°44′ W
— 58°44′ N, 08°11′ W
(b) it may not re-enter either of the areas until its catch
— 58°43′ N, 08°27′ W
has been landed;
— 58°28′ N, 09°16′ W
(c) it may not return to the sea any quantity of blue ling.
— 58°15′ N, 09°32′ W
— 58°15′ N, 09°45′ W
4. The
observers
referred
to
in
Article
8
of
Council
— 58°30′ N, 09°45′ W
Regulation (EC) No 2347/2002 of 16 December 2002
establishing specific access requirements and associated
— 59°30′ N, 07°00′ W
conditions applicable to fishing for deep-sea stocks (***)
who are assigned to fishing vessels present in one of the
— 59°58′ N, 07°00′ W;
areas referred to in paragraph 1 shall, in addition to the
tasks referred to in paragraph 4 of that Article, for appro
priate samples of the catches of blue ling, measure the fish
in the samples and determine the stage of sexual maturity
(b) Edge of Rosemary bank
of subsampled fish. On the basis of advice from STECF,
— 60°00′ N, 11°00′ W
Member States shall establish detailed protocols for
sampling and for the collation of results.
— 59°00′ N, 11°00′ W
— 59°00′ N, 09°00′ W
5. From 15 February to 15 April each year, it shall be
prohibited to use bottom trawls, longlines and gillnets
— 59°30′ N, 09°00′ W
within an area enclosed by sequentially joining with
rhumb lines the following coordinates, which shall be
— 59°30′ N, 10°00′ W
measured according to the WGS84 system:
— 60°00′ N, 10°00′ W
— 60°58.76′ N, 27°27.32′ W
— 60°00′ N, 11°00′ W
— 60°56.02′ N, 27°31.16′ W
— 60°59.76′ N, 27°43.48′ W
Not including the area enclosed by sequentially joining
— 61°03.00′ N, 27°39.41′ W
with rhumb lines the following coordinates, which shall
be measured according to the WGS84 system:
— 60°58.76′ N, 27°27.32′ W.
— 59°15′ N, 10°24′ W
Article 29g
— 59°10′ N, 10°22′ W
Measures for the redfish fishery in international
— 59°08′ N, 10°07′ W
waters of ICES sub-areas I and II
— 59°11′ N, 09°59′ W
1. Directed
fishing
for
redfish
in
the
international
waters of ICES sub-areas I and II shall only be permitted
— 59°15′ N, 09°58′ W
within the period from 1 July to 31 December each year
by vessels which have previously been engaged in the
— 59°22′ N, 10°02′ W
redfish fishery in the NEAFC Regulatory Area, as defined
in Article 3(3) of Regulation (EU) No 1236/2010 of the
— 59°23′ N, 10°11′ W
European Parliament and of the Council of 15 December
2010 laying down a scheme of control and enforcement
— 59°20′ N, 10°19′ W
applicable in the area covered by the Convention on future
multilateral cooperation in the North-East Atlantic fisher
— 59°15′ N, 10°24′ W.
ies (****).

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EN
20.3.2013 Official
Journal
of
the
European
Union
L
78/9
2. Vessels shall limit their by-catches of redfish in other
— 59°00′ N, 30°00′ W
fisheries to a maximum of 1 % of the total catch retained
on board.
— 59°00′ N, 34°00′ W
— 61°30′ N, 34°00′ W
3. The conversion factor to be applied to the gutted
and headed presentation, including the Japanese cut pres
— 62°50′ N, 36°00′ W
entation, of redfish caught in this fishery shall be 1,70.
— 64°45′ N, 28°30′ W.
4. By way of derogation from Article 9(1)(b) of Regu
lation (EU) No 1236/2010, masters of fishing vessels
engaged in this fishery shall report their catches on a
2. Notwithstanding
paragraph
1,
a
fishery
for
redfish
daily basis.
may be permitted, by a Union legal act, outside the
Redfish Conservation Area in the Irminger Sea and
adjacent waters from 11 May to 31 December each year
on the basis of scientific advice and provided that NEAFC
5. In
addition
to
the
provisions
of
Article
5
of
Regu
has established a recovery plan in respect of redfish in that
lation (EU) No 1236/2010, an authorisation to fish for
geographical area. Only Union vessels that have been duly
redfish shall only be valid if the reports transmitted by
authorised by their respective Member State and notified
vessels are in accordance with Article 9(1) of that Regu
to the Commission as required under Article 5 of Regu
lation and are recorded in accordance with Article 9(3)
lation (EU) No 1236/2010 shall participate in this fishery.
thereof.
3. It
shall
be
prohibited
to
use
trawls
with
a
mesh
size
6. Member States shall ensure that scientific
of less than 100 millimetres.
information is collected by scientific observers on board
vessels flying their flag. As a minimum, the information
collected shall include representative data on sex, age and
4. The conversion factor to be applied to the gutted
length composition by depths. This information shall be
and headed presentation, including the Japanese cut pres
reported to ICES by the competent authorities in the
entation, of redfish caught in this fishery shall be 1,70.
Member States.
5. Masters
of
fishing
vessels
engaged
in
the
fishery
7. The
Commission
shall
inform
Member
States
of
the
outside the Redfish Conservation Area shall transmit the
date on which the NEAFC Secretariat notifies the NEAFC
catch report provided for in Article 9(1)(b) of Regulation
Contracting Parties that the total allowable catch (TAC) has
(EU) No 1236/2010 on a daily basis after the fishing oper
been fully utilised. Member States shall prohibit directed
ations of that calendar day have been completed. It shall
fishery for redfish by vessels flying their flag from that
indicate the catches on board taken since the last
date.
communication of catches.
Article 29h
6. In addition to the provisions of Article 5 of Regu
Measures for the redfish fishery in the Irminger Sea
lation (EU) No 1236/2010, an authorisation to fish for
and adjacent waters
redfish shall only be valid if the reports transmitted by
vessels are in accordance with Article 9(1) of that Regu
1. It
shall
be
prohibited
to
catch
redfish
in
international
lation and are recorded in accordance with Article 9(3)
waters of ICES sub-area V and Union waters of ICES sub-
thereof.
areas XII and XIV.
7. The
reports
referred
to
in
paragraph
6
shall
be
made
By way of derogation from the first subparagraph, it shall
in accordance with the relevant rules.
be permitted to catch redfish from 11 May to 31
December in the area enclosed by sequentially joining
___________
with rhumb lines the following coordinates, which shall
be measured according to the WGS84 system (the “Redfish
(*) OJ L 343, 22.12.2009, p. 1.
Conservation Area”):
(**) OJ L 348, 24.12.2008, p. 20.
(***) OJ L 351, 28.12.2002, p. 6.
(****) OJ L 348, 31.12.2010, p. 17.’;
— 64°45′ N, 28°30′ W
— 62°50′ N, 25°45′ W
(13) in Article 30 the following paragraph is inserted:
— 61°55′ N, 26°45′ W
— 61°00′ N, 26°30′ W
‘(1a) Paragraph
1
shall
not
apply
to
Region
9.’;

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L 78/10
EN
Official Journal of the European Union
20.3.2013
(14) the following article is inserted:
the holes shall not exceed 10 millimetres. Holes in the
chutes before the water separator shall not exceed 15
millimetres in diameter.
‘Article 31a
Electric fishing in ICES divisions IVc and IVb
2. Pelagic
vessels
operating
in
the
NEAFC
Convention
1. By way of derogation from Article 31, fishing with
Area shall be prohibited from discharging fish under their
beam trawl using electrical pulse current shall be allowed
water line from buffer tanks or Refrigerated seawater
in ICES divisions IVc and IVb south of a rhumb line joined
(RSW) tanks.
by the following points, which shall be measured
according to the WGS84 coordinate system:
3. Drawings
related
to
the
catch
handling
and
discharge
capabilities of pelagic vessels targeting mackerel, herring
— a point on the east coast of the United Kingdom at
and horse mackerel in the NEAFC Convention Area
latitude 55° N,
which are certified by the competent authorities of the
flag Member States, as well as any modifications thereto,
— then east to latitude 55° N, longitude 5° E,
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
— then north to latitude 56° N,
vessels shall carry out periodic verifications of the
accuracy of the drawings submitted. Copies shall be
— and finally east to a point on the west coast of
carried on board the vessel at all times.’;
Denmark at latitude 56° N.
(16) the following articles are inserted:
2. Electrical pulse fishing shall be allowed only when:
‘Article 34a
(a) no more than 5 % of the beam trawler fleet per
Member State use the electric pulse trawl;
Technical conservation measures in the Irish Sea
1. From 14 February to 30 April, it shall be prohibited
(b) the maximum electrical power in kW for each beam
to use any demersal trawl, seine or similar towed net, any
trawl is no more than the length in metres of the
gillnet, trammel net, entangling net or similar static net or
beam multiplied by 1,25;
any fishing gear incorporating hooks within that part of
ICES division VIIa enclosed by:
(c) the effective voltage between the electrodes is no more
than 15 V;
— the east coast of Ireland and the east coast of Northern
Ireland, and
(d) the vessel is equipped with an automatic computer
management system which records the maximum
— straight lines sequentially joining the following
power used per beam and the effective voltage
geographical coordinates:
between electrodes for at least the last 100 tows. It
is not possible for non-authorised personnel to modify
this automatic computer management system;
— a point on the east coast of the Ards peninsula in
Northern Ireland at 54°30′ N,
(e) it is prohibited to use one or more tickler chains in
front of the footrope.’;
— 54°30′ N, 04°50′ W,
— 53°15′ N, 04°50′ W,
(15) the following article is inserted:
— a point on the east coast of Ireland at 53°15′ N.
‘Article 32a
Catch handling and discharge restrictions on pelagic
2. By
way
of
derogation
from
paragraph
1,
within
the
vessels
area and time period referred to in that paragraph:
1. The
maximum
space
between
bars
in
the
water
separator on board pelagic fishing vessels targeting
mackerel, herring and horse mackerel operating in the
(a) the use of demersal otter trawls shall be permitted,
NEAFC Convention Area as defined in Article 3(2) of
provided that no other type of fishing gear is
Regulation (EU) No 1236/2010 shall be 10 millimetres.
retained on board and that such nets:
The bars shall be welded in place. If holes are used in the
— are of the mesh size ranges 70-79 millimetres or
water separator instead of bars, the maximum diameter of
80-99 millimetres,

---

EN
20.3.2013 Official
Journal
of
the
European
Union L
78/11
— are of only one of the permitted mesh size ranges,
— 53°45′ N, 05°30′ W
— 53°30′ N, 05°30′ W
— incorporate no individual mesh, irrespective of its
position within the net, with a mesh size greater
— 53°30′ N, 06°00′ W
than 300 millimetres, and
— 53°45′ N, 06°00′ W.
— are deployed only within an area enclosed by
Article 34b
sequentially joining with rhumb lines the
following coordinates, which shall be measured
Use of gillnets in ICES divisions IIIa, IVa, Vb, VIa, VIb,
according to the WGS84 system:
VIIb, c, j, k and ICES sub-areas VIII, IX, X and XII east
of 27° W
— 53°30′ N, 05°30′ W
1. Union
vessels
shall
not
deploy
bottom
set
gillnets,
— 53°30′ N, 05°20′ W
entangling nets and trammel nets at any position where
the charted depth is greater than 200 metres in ICES
— 54°20′ N, 04°50′ W
divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES
sub-areas VIII, IX and X and XII east of 27° W.
— 54°30′ N, 05°10′ W
— 54°30′ N, 05°20′ W
2. By
way
of
derogation
from
paragraph
1,
it
shall
be
permitted to use the following gears:
— 54°00′ N, 05°50′ W
— 54°00′ N, 06°10′ W
(a) Gillnets in ICES divisions IIIa, IVa, Vb, VIa, VIb, VII b,
c, j, k and ICES sub-area XII east of 27° W with a
— 53°45′ N, 06°10′ W
mesh size equal to or greater than 120 millimetres and
less than 150 millimetres, gillnets in ICES divisions
— 53°45′ N, 05°30′ W
VIIIa, b, d and ICES sub-area X with a mesh size
equal to or greater than 100 millimetres and less
— 53°30′ N, 05°30′ W;
than 130 millimetres and gillnets in ICES divisions
VIIIc and ICES sub-area IX with a mesh size equal to
or greater than 80 millimetres and less than 110 milli
metres, provided that:
(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
— they are deployed in waters with a charted depth of
is retained on board and that such nets:
less than 600 metres,
— comply with the conditions laid down in point (a),
— they are no more than 100 meshes deep, and have
a hanging ratio of not less than 0,5,
— in the case of a separator panel, are constructed in
conformity with the technical details provided in
— they are rigged with floats or equivalent flotation,
the Annex of Council Regulation (EC)
No 254/2002 of 12 February 2002 establishing
measures to be applicable in 2002 for the
— they each have a maximum length of 5 nautical
recovery of the stock of cod in the Irish Sea
miles, and the total length of all nets deployed at
(ICES) division VIIa) (*), and
any one time does not exceed 25 km per vessel,
— the maximum soak time is 24 hours;
— in the case of sorting grids, are in accordance with
points 2 to 5 of Annex XIVa to this Regulation;
(b) Entangling nets with a mesh size equal to or greater
than 250 millimetres, provided that:
(c) the use of demersal trawl, seine or similar towed net
with a separator panel or a sorting grid shall also be
permitted within an area enclosed by sequentially
— they are deployed in waters with a charted depth of
joining with rhumb lines the following coordinates,
less than 600 metres,
which shall be measured according to the WGS84
system:
— they are no more than 15 meshes deep, and have a
— 53°45′ N, 06°00′ W
hanging ratio of not less than 0,33,

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L 78/12
EN
Official Journal of the European Union
20.3.2013
— they are not rigged with floats or other means of
— they are no more than 30 meshes deep, and have a
floatation,
hanging ratio of not less than 0,44,
— they each have a maximum length of 10 km, and
— they are not rigged with floats or other means of
the total length of all nets deployed at any one
floatation,
time does not exceed 100 km per vessel,
— the maximum soak time is 72 hours;
— they each have a maximum length of 5 km, and
the total length of all nets deployed at any one
time does not exceed 20 km per vessel,
(c) Gillnets in ICES divisions IIIa, IVa, Vb, VIa, VIb, VIIb, c,
j, k and ICES sub-area XII east of 27° W with a mesh
size equal to or greater than 100 millimetres and less
— the maximum soak time is 72 hours.
than 130 millimetres, provided that:
— they are deployed in waters with a charted depth of
3. However,
this
derogation
shall
not
apply
in
the
more than 200 metres and less than 600 metres,
NEAFC Regulatory Area.
— they are no more than 100 meshes deep, and have
4. All
vessels
deploying
bottom
set
gillnets,
entangling
a hanging ratio of not less than 0,5,
or 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 sub-areas XII east of 27° W,
— they are rigged with floats or equivalent floatation,
VIII, IX and X, shall be issued with a fishing authorisation
in accordance with Article 7 of Regulation (EC)
— they each have a maximum length of 4 nautical
No 1224/2009.
miles, and the total length of all nets deployed at
any one time does not exceed 20 km per vessel,
5. Only one of the types of gear described in paragraph
2(a), (b) or (d) shall be retained on board the vessel at any
— the maximum soak time is 24 hours,
one time. Vessels may carry on board nets with a total
length that is 20 % greater than the maximum length of
the fleets that may be deployed at any one time.
— no less than 85 % of the retained catch by weight
is hake,
6. The master of a vessel with a fishing authorisation
— the number of vessels participating in the fishery
referred to in paragraph 4 shall record in the logbook the
does not rise above the level recorded in 2008,
amount and lengths of gear carried by a vessel before it
leaves port and when it returns to port, and shall account
for any discrepancy between the two quantities.
— prior to leaving port the master of the vessel
participating in this fishery records in the log-
book, the quantity and total length of gear
7. The
competent
authorities
shall
have
the
right
to
carried on board the vessel. At least 15 % of
remove unattended gear at sea in ICES divisions IIIa, IVa,
departures shall be subject to inspection,
Vb, VIa, VIb, VII b, c, j, k and ICES sub-areas XII east of
27° W, VIII, IX and X, in the following situations:
— as verified in the Union logbook for that trip at the
time of landing the master of the vessel has on
board 90 % of the gear, and
(a) the gear is not properly marked;
— the quantity of all species caught greater than
(b) the buoy markings or VMS data indicate that the
50 kg, including all quantities discarded greater
owner has not been located at a distance less than
than 50 kg, is recorded in the Union logbook;
100 nautical miles from the gear for more than 120
hours;
(d) Trammel nets in ICES sub-area IX with a mesh size
equal to or greater than 220 millimetres, provided
that:
(c) the gear is deployed in waters with a charted depth
greater than that which is permitted;
— they are deployed in waters with a charted depth of
less than 600 metres,
(d) the gear is of an illegal mesh size.

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EN
20.3.2013 Official
Journal
of
the
European
Union L
78/13
8. The master of a vessel with a fishing authorisation
2. When
fishing
in
ICES
divisions
VIII
a
and
b,
it
shall
referred to in paragraph 4 shall record in the logbook the
be permitted to use a selective grid and its attachments in
following information during each fishing trip:
front of the codend and/or a square mesh panel with a
mesh size equal to or more than 60 millimetres in the
— the mesh size of the net deployed,
lower part of the extension piece in front of the codend.
The provisions laid down in Article 4(1), Article 6 and
— the nominal length of one net,
Article 9(1) of this Regulation and in Article 3(a) and (b)
of Regulation (EC) No 494/2002 shall not apply to the
section of the trawl where those selective devices are
— the number of nets in a fleet,
inserted.
— the total number of fleets deployed,
— the position of each fleet deployed,
Article 34d
Measures for the protection of vulnerable deep-sea
— the depth of each fleet deployed,
habitats in the NEAFC Regulatory Area
1. It
shall
be
prohibited
to
conduct
bottom
trawling
— the soak time of each fleet deployed,
and fishing with static gear, including bottom set gillnets
and bottom set longlines, within the areas enclosed by
— the quantity of any gear lost, its last known position
sequentially joining with rhumb lines the following coor
and date of loss.
dinates, which shall be measured according to the WGS84
system:
9. Vessels fishing with a fishing authorisation referred
Part of the Reykjanes Ridge:
to in paragraph 4 shall only be permitted to land in the
ports designated by the Member States pursuant to
— 55°04.5327′ N, 36°49.0135′ W
Article 7 of Regulation (EC) 2347/2002.
— 55°05.4804′ N, 35°58.9784′ W
— 54°58.9914′ N, 34°41.3634′ W
10. The
quantity
of
sharks
retained
on
board
by
any
vessel using the gear type described in paragraph 2(b) and
(d) shall be no more than 5 %, by live-weight, of the total
— 54°41.1841′ N, 34°00.0514′ W
quantity of marine organisms retained on board.
— 54°00′ N, 34°00′ W
— 53°54.6406′ N, 34°49.9842′ W
11. After
consulting
STECF,
the
Commission
may
adopt implementing acts excluding specific fisheries of a
— 53°58.9668′ N, 36°39.1260′ W
Member State, in ICES sub-areas VIII, IX and X, from the
application of paragraphs 1 to 9, where information
— 55°04.5327′ N, 36°49.0135′ W
provided by Member States shows that those fisheries
result in a very low level of shark by-catches and of
discards.
Northern MAR Area:
— 59°45′ N, 33°30′ W
Article 34c
— 57°30′ N, 27°30′ W
Condition for fisheries using certain towed gears
authorised in the Bay of Biscay
— 56°45′ N, 28°30′ W
1. By
way
of
derogation
from
the
provisions
laid
down
in Article 5(2) of Commission Regulation (EC)
— 59°15′ N, 34°30′ W
No 494/2002 of 19 March 2002 establishing additional
technical measures for the recovery of the stock of hake
— 59°45′ N, 33°30′ W
in ICES sub-areas III, IV, V, VI and VII and ICES divisions
VIIIa, b, d and e (**), it shall be permitted to conduct
fishing activity using trawls, Danish seines and similar
Middle MAR Area (Charlie-Gibbs Fracture zone and
gears, with the exception of beam trawls, with a mesh
Subpolar Frontal Region):
size range of 70-99 millimetres 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.
— 53°30′ N, 38°00′ W

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L 78/14
EN
Official Journal of the European Union
20.3.2013
— 53°30′ N, 36°49′ W
— 59°01′ N, 17°00′ W
— 55°04.5327′ N, 36°49′ W
— 58°50′ N, 17°38′ W
— 54°58.9914′ N, 34°41.3634′ W
— 58°30′ N, 17°52′ W
— 54°41.1841′ N, 34°00′ W
— 58°30′ N, 18°22′ W
— 53°30′ N, 30°00′ W
— 58°03′ N, 18°22′ W
— 51°30′ N, 28°00′ W
— 58°03′ N, 17°30′ W
— 49°00′ N, 26°30′ W
— 57°55′ N, 17°30′ W
— 49°00′ N, 30°30′ W
— 57°45′ N, 19°15′ W
— 51°30′ N, 32°00′ W
— 58°11.15′ N, 18°57.51′ W
— 51°30′ N, 38°00′ W
— 58°11.57′ N, 19°11.97′ W
— 53°30′ N, 38°00′ W
— 58°27.75′ N, 19°11.65′ W
— 58°39.09′ N, 19°14.28′ W
Southern MAR Area:
— 58°38.11′ N, 19°01.29′ W
— 44°30′ N, 30°30′ W
— 58°53.14′ N, 18°43.54′ W
— 44°30′ N, 27°00′ W
— 59°00.29′ N, 18°01.31′ W
— 43°15′ N, 27°15′ W
— 59°08.01′ N, 17°49.31′ W
— 43°15′ N, 31°00′ W
— 59°08.75′ N, 18°01.47′ W
— 44°30′ N, 30°30′ W
— 59°15.16′ N, 18°01.56′ W
The Altair Seamounts:
— 59°24.17′ N, 17°31.22′ W
— 45°00′ N, 34°35′ W
— 59°21.77′ N, 17°15.36′ W
— 45°00′ N, 33°45′ W
— 59°26.91′ N, 17°01.66′ W
— 44°25′ N, 33°45′ W
— 59°42.69′ N, 16°45.96′ W
— 44°25′ N, 34°35′ W
— 59°20.97′ N, 15°44.75′ W
— 45°00′ N, 34°35′ W
— 59°21′ N, 15°40′ W
The Antialtair Seamounts:
— 59°26′ N, 14°30′ W
— 43°45′ N, 22°50′ W
— 43°45′ N, 22°05′ W
North-West Rockall:
— 43°25′ N, 22°05′ W
— 57°00′ N, 14°53′ W
— 43°25′ N, 22°50′ W
— 57°37′ N, 14°42′ W
— 43°45′ N, 22°50′ W
— 57°55′ N, 14°24′ W
— 58°15′ N, 13°50′ W
Hatton Bank:
— 57°57′ N, 13°09′ W
— 59°26′ N, 14°30′ W
— 57°50′ N, 13°14′ W
— 59°12′ N, 15°08′ W
— 57°57′ N, 13°45′ W

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EN
20.3.2013 Official
Journal
of
the
European
Union L
78/15
— 57°49′ N, 14°06′ W
Article 34e
— 57°29′ N, 14°19′ W
Measures for the protection of vulnerable deep-sea
habitats in ICES divisions VIIc, j and k
— 57°22′ N, 14°19′ W
1. It
shall
be
prohibited
to
conduct
bottom
trawling
and fishing with static gear, including bottom set gillnets
— 57°00′ N, 14°34′ W
and bottom set longlines, within the areas enclosed by
sequentially joining with rhumb lines the following coor
— 56°56′ N, 14°36′ W
dinates, which shall be measured according to the WGS84
coordinate system:
— 56°56′ N, 14°51′ W
— 57°00′ N, 14°53′ W
Belgica Mound Province:
— 51°29.4′ N, 11°51.6′ W
South-West Rockall (Empress of Britain Bank):
— 56°24′ N, 15°37′ W
— 51°32.4′ N, 11°41.4′ W
— 56°21′ N, 14°58′ W
— 51°15.6′ N, 11°33.0′ W
— 56°04′ N, 15°10′ W
— 51°13.8′ N, 11°44.4′ W
— 55°51′ N, 15°37′ W
— 51°29.4′ N, 11°51.6′ W
— 56°10′ N, 15°52′ W
— 56°24′ N, 15°37′ W
Hovland Mound Province:
— 52°16.2′ N, 13°12.6′ W
Logachev Mound:
— 52°24.0′ N, 12°58.2′ W
— 55°17′ N, 16°10′ W
— 52°16.8′ N, 12°54.0′ W
— 55°34′ N, 15°07′ W
— 52°16.8′ N, 12°29.4′ W
— 55°50′ N, 15°15′ W
— 52°04.2′ N, 12°29.4′ W
— 55°33′ N, 16°16′ W
— 52°04.2′ N, 12°52.8′ W
— 55°17′ N, 16°10′ W
— 52°09.0′ N, 12°56.4′ W
West Rockall Mound:
— 52°09.0′ N, 13°10.8′ W
— 57°20′ N, 16°30′ W
— 52°16.2′ N, 13°12.6′ W
— 57°05′ N, 15°58′ W
— 56°21′ N, 17°17′ W
North-West Porcupine Bank Area I:
— 56°40′ N, 17°50′ W
— 53°30.6′ N, 14°32.4′ W
— 57°20′ N, 16°30′ W
— 53°35.4′ N, 14°27.6′ W
— 53°40.8′ N, 14°15.6′ W
2. Where,
in
the
course
of
fishing
operations
in
new
and existing bottom fishing areas within the NEAFC Regu
— 53°34.2′ N, 14°11.4′ W
latory Area, the quantity of live coral or live sponge caught
per gear set exceeds 60 kg of live coral and/or 800 kg of
— 53°31.8′ N, 14°14.4′ W
live sponge, the vessel shall inform its flag State, cease
fishing and move at least 2 nautical miles away from
— 53°24.0′ N, 14°28.8′ W
the position that the evidence suggests is closest to the
exact location where this catch was made.
— 53°30.6′ N, 14°32.4′ W

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L 78/16
EN
Official Journal of the European Union
20.3.2013
North-West Porcupine Bank Area II:
6. Pelagic
vessels
who
have
concluded
fishing
in
an
area
for the protection of vulnerable deep-sea habitats as set
— 53°43.2′ N, 14°10.8′ W
out in paragraph 1 shall inform the Irish FMC on
departure from the area. They shall at the same time
— 53°51.6′ N, 13°53.4′ W
notify quantities of fish retained on board.
— 53°45.6′ N, 13°49.8′ W
7. Fishing
for
pelagic
species
in
an
area
for
the
— 53°36.6′ N, 14°07.2′ W
protection of vulnerable deep-sea habitats as set out in
paragraph 1 shall be restricted to having onboard or
— 53°43.2′ N, 14°10.8′ W
fishing with nets with a mesh size in the range of 16-
31 millimetres or 32-54 millimetres.
South-West Porcupine Bank:
Article 34f
— 51°54.6′ N, 15°07.2′ W
Measures for the protection of a vulnerable deep-sea
habitat in ICES division VIIIc
— 51°54.6′ N, 14°55.2′ W
1. It
shall
be
prohibited
to
conduct
bottom
trawling
and fishing with static gear, including bottom set gillnets
— 51°42.0′ N, 14°55.2′ W
and bottom set longlines, within the area enclosed by
sequentially joining with rhumb lines the following coor
— 51°42.0′ N, 15°10.2′ W
dinates, which shall be measured according to the WGS84
system:
— 51°49.2′ N, 15°06.0′ W
— 51°54.6′ N, 15°07.2′ W
El Cachucho:
— 44°12′ N, 05°16′ W
2. All
pelagic
vessels
fishing
in
the
areas
for
the
— 44°12′ N, 04°26′ W
protection of vulnerable deep-sea habitats set out in
paragraph 1 of this Article shall be on a list of authorised
— 43°53′ N, 04°26′ W
vessels and be issued with a fishing authorisation in
accordance with Article 7 of Regulation (EC)
— 43°53′ N, 05°16′ W
No 1224/2009. Vessels included in the list of authorised
vessels shall carry on board exclusively pelagic gear.
— 44°12′ N, 05°16′ W
2. By
way
of
derogation
from
the
prohibition
set
out
in
3. Pelagic
vessels
intending
to
fish
in
an
area
for
the
the paragraph 1, vessels that conducted fisheries with
protection of vulnerable deep-sea habitats as set out in
bottom set longlines in 2006, 2007 and 2008 targeting
paragraph 1 of this Article shall give four hours advance
greater forkbeard may obtain from their fishing authorities
notification of their intention to enter an area for the
a fishing authorisation in accordance with Article 7 of
protection of vulnerable deep-sea habitats to the Irish
Regulation (EC) No 1224/2009 that allows them to
Fisheries Monitoring Centre (FMC) as defined in
continue conducting that fishery in the area south of
Article 4(15) of Regulation (EC) No 1224/2009. They
44°00.00′ N. All vessels having obtained this fishing auth
shall at the same time notify quantities of fish retained
orisation shall, regardless of their overall length, have in
on board.
use an operational, fully functioning secure VMS which
complies with the respective rules, when conducting
fisheries in the area set out in paragraph 1.
4. Pelagic
vessels
fishing
in
an
area
for
the
protection
of
vulnerable deep-sea habitats as set out in paragraph 1 shall
___________
have an operational, fully functioning secure Vessel Moni
(*) OJ L 41, 13.2.2002, p. 1.
toring System (VMS) which complies fully with the
(**) OJ L 77, 20.3.2002, p. 8.’;
respective rules when present in an area for the protection
of vulnerable deep-sea habitats.
(17) Article 38 is deleted;
5. Pelagic
vessels
fishing
in
an
area
for
the
protection
of
vulnerable deep-sea habitats as set out in paragraph 1 shall
make VMS reports every hour.
(18) Article 47 is deleted;

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EN
20.3.2013 Official
Journal
of
the
European
Union L
78/17
(19) Annexes I, IV, XII and XIV to Regulation (EC) No 850/98 are amended in accordance with the Annex
to this Regulation;
(20) Annexes XIIa, XIVa, XIVb, XIVc and XIVd are inserted in accordance with the Annex to this Regu
lation.
Article 2
Amendment to Regulation (EC) No 1434/98
In Article 2 of Regulation (EC) No 1434/98 the following paragraph is added:
‘1a. Paragraph 1 shall not apply to herring caught in ICES division IIIa, sub-area IV, division VIId
and EU waters of ICES division IIa.’.
Article 3
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal
of the European Union.
It shall apply from 1 January 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 13 March 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON

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L 78/18
EN
Official Journal of the European Union
20.3.2013
ANNEX
The Annexes to Regulation (EC) No 850/98 are amended as follows:
(1) in Annex I, footnote 6 of the table is deleted;
(2) in Annex IV, the table is replaced by the following:
‘Towed gears: Skagerrak and Kattegat
Mesh size ranges, target species and required catch percentages applicable to the use of a single mesh size range
Mesh size range (mm)
< 16 16-31 32-69 35-69 70-89
( 5 )
≥ 90
Species
Minimum percentage of target species
50 % ( 6 ) 50
%
( 6 ) 20
%
( 6 ) 50
%
( 6 ) 20
%
( 6 ) 20
%
( 7 ) 30
%
( 8 ) none
Sand eel (Ammodytidae) ( 3 )
X
X
X
X
X
X
X
X
Sand eel (Ammodytidae) ( 4 )
X
X
X
X
X
X
Norway pout (Trisopterus esmarkii)
X
X
X
X
X
X
Blue Whiting (Micromesistius poutassou)
X
X
X
X
X
X
Greater weever (Trachinus draco) ( 1 )
X
X
X
X
X
X
Molluscs (except Sepia) ( 1 )
X
X
X
X
X
X
Garfish (Belone belone) ( 1 )
X
X
X
X
X
X
Gray gurnard (Eutrigla gurnardus) ( 1 )
X
X
X
X
X
X
Argentine (Argentina spp.)
X
X
X
X
X
Sprat (Sprattus sprattus)
X
X
X
X
X
X
Eel (Anguilla Anguilla)
X
X
X
X
X
X
Common shrimp/Baltic shrimp
X
X
X
X
X
X
(Crangon spp., Palaemon adspersus) ( 1 )
Mackerel (Scomber spp.)
X
X
X
Horse mackerel (Trachurus spp.)
X
X
X
Herring (Clupea harengus)
X
X
X
Northern shrimp (Pandalus borealis)
X
X
X
Common shrimp/Baltic shrimp
X
X
X
(Crangon spp., Palaemon adspersus) ( 2 )
Whiting (Merlangius merlangus)
X
X
Norway lobster (Nephrops norvegicus)
X
X
All other marine organisms
X
( 1 ) Only within 4 miles from the baselines.
( 2 ) Outside 4 miles from the baselines.
( 3 ) From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat.
( 4 ) From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat.
( 5 ) When applying this mesh size range, the codend shall be constructed of square mesh netting with a sorting grid in accordance with
Annex XIVa of this Regulation.
( 6 ) The catch retained on board shall consist of no more than 10 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole,
sole, turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.
( 7 ) The catch retained on board shall consist of no more than 50 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole,
sole, turbot, brill, flounder, herring, mackerel, megrim, dab, saithe, Norway lobster and lobster.
( 8 ) The catch retained on board shall consist of no more than 60 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole,
sole, turbot, brill, flounder, megrim, whiting, dab, saithe and lobster.’;

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EN
20.3.2013 Official
Journal
of
the
European
Union L
78/19
(3) the table in Annex XII is amended as follows:
(a) the rows corresponding to the short-necked clam and the octopus are replaced by the following:
Minimum size
‘Species
Regions 1 to 5, except
Skagerrak/Kattegat
Skagerrak/Kattegat
Short-necked clam (Venerupis philippinarum) 35
mm
Species
Minimum Size; Regions 1 to 5, except
Skagerrak/Kattegat
Octopus (Octopus Vulgaris) Whole
area
except
waters
under
sovereignty
or
juris
diction of Region 5: 750 grams
Waters under sovereignty or jurisdiction of Region 5:
450 grams (gutted)’
(b) the rows corresponding to anchovy are replaced by the following:
Species Minimum
Size;
Regions
1
to
5,
except
Skagerrak/Kattegat
‘Anchovy (Engraulis encrasicolus) Whole
area,
except
ICES
division
IXa
east
of
longitude
7° 23′ 48″ W: 12 cm or 90 individuals/kg
ICES division IXa east of longitude 7° 23′ 48″ W:
10 cm’
(4) the following annex is inserted:
‘ANNEX XII a
Minimum sizes for Region 9
Species Minimum
size:
Region
9
Turbot (Psetta maxima) 45
cm’
(5) in Annex XIV, the following names 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’
(6) the following annexes are inserted:
‘ANNEX XIVa
SPECIFICATIONS FOR A SORTING GRID
1. The species selective grid shall be attached in trawls with full square mesh codend with a mesh size equal to or
larger than 70 millimetres and smaller than 90 millimetres. The minimum length of the codend shall be 8 metres.
It shall be prohibited to use any trawl with more than 100 square meshes in any circumference of the codend,
excluding the joining or the selvedges. The square mesh codend is required only in Skagerrak and Kattegat.

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L 78/20
EN
Official Journal of the European Union
20.3.2013
2. 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 millimetres. It shall be permitted to use one or more hinges in order to
facilitate its storage on the net drum.
3. The grid shall be mounted diagonally in the trawl, upwards and 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.
4. 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.
5. 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 millimetres. The minimum vertical opening of the guiding funnel
towards the grid shall be 15 centimetres. The width of the guiding funnel towards the grid shall be the grid width.
Schematic illustration of a size and species selective trawl. Entering fish are led towards the trawl floor and grid via
a leading funnel. Larger fish are then led out of the trawl by the grid while smaller fish and Norway lobster pass
through the grid and enter the codend. The full square mesh codend enhances escapement of small fish and
undersized Norway lobster. The square mesh codend shown in the diagram is required only in Skagerrak and
Kattegat.
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 millimetres. 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.

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EN
20.3.2013 Official
Journal
of
the
European
Union L
78/21
The netting shall be single twine. The twine thickness shall be not more than 4 millimetres.
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 millimetres.
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 MORE THAN 15 METRES
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 millimetres. The length of the panel shall be at least 3 metres except when incorporated into nets towed by
vessels of less than 112 kW, when it shall 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 of 6 December
1984 on the attachment of devices to trawls, Danish seines and similar nets (*).
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.

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L 78/22
EN
Official Journal of the European Union
20.3.2013
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 square mesh for 80 millimetre codends, or
two diamond meshes to one square mesh for 120 millimetre codends, except for edge bars of the panel from both
sides.
ANNEX XIVd
SQUARE MESH PANEL FOR VESSELS OF LESS THAN 15 METRES
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 millimetres. The length of the panel shall be at least 3 metres except when incorporated into nets towed by
vessels of less than 112 kW, when it shall 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 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 square mesh, except for edge
bars of the window from both sides.
___________
(*) OJ L 318, 7.12.1984, p. 23.’.

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