{
  "url": "https://openlegislation.uk/eu-regulation-2013-227/article-1",
  "json_url": "https://openlegislation.uk/eu-regulation-2013-227/article-1.json",
  "legislation": "eur/2013/227",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2013-227",
  "path": "article/1",
  "kind": "article",
  "number": "1",
  "heading": "Amendments to Regulation (EC) No 850/98",
  "text": "Regulation (EC) No 850/98 is amended as follows:\n(1) the following article is inserted:\n‘Article 1a 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 corresponding adjective, and any grammatical adjustments needed as a consequence of this replacement shall be made.’;\n(2) in Article 2(1) the following point is added:\n(i) ‘Region 9\nAll waters of the Black Sea corresponding to the geographical sub-area 29 as defined in Annex I to 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 (General Fisheries Commission for the Mediterranean) Agreement area and in Resolution GFCM/33/2009/2.’;\n(3) in Article 11(1) the following subparagraph is added:\n‘This derogation shall apply without prejudice to Article 34b(2)(c).’;\n(4) the following article is inserted:\n‘Article 11a In Region 9, the minimum mesh size for bottom set gillnets, when used to catch turbot, shall be 400 millimetres.’;\n(5) Article 17 is replaced by the following:\n‘Article 17 A marine organism is undersized if its dimensions are smaller than the minimum dimensions specified in Annex XII and Annex XIIa for the relevant species and the relevant geographical area.’;\n(6) in Article 19, the following paragraph is added:\n‘4. Paragraphs 2 and 3 shall not apply in Region 9.’;\n(7) the following title is inserted.\n‘ TITLE IIIa\nMeasures to reduce discarding\nProhibition of highgrading\nArticle 19a 1. Within Regions 1, 2, 3 and 4 the discarding, during fishing operations, of species subject to quota which can be legally landed shall be prohibited.\n2. The provisions referred to in paragraph 1 are without prejudice to the obligations set out in this Regulation or in any other Union legal acts in the field of fisheries.\nMoving-on provisions and prohibition on slipping\nArticle 19b 1. Within Regions 1, 2, 3 and 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.\n2. Within Regions 1, 2, 3 and 4 it is prohibited to release mackerel, herring or horse mackerel before the net is fully taken on board a fishing vessel resulting in the loss of dead or dying fish.’;\n(8) in Article 20(1), point (d) is deleted;\n(9) the following article is inserted:\n‘Restrictions on fishing for herring in Union waters of ICES division IIa\nArticle 20a It shall be prohibited to land or retain on board herring caught in Union waters of ICES division IIa in the periods from 1 January to 28 February and from 16 May to 31 December.’;\n(10) Article 29a is replaced by the following:\n‘Closure of an area for sand eel fisheries in ICES sub-area IV\nArticle 29a 1. It shall be prohibited to land or retain on board sand eels caught within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:\nthe east coast of England at latitude 55°30′ N,\nlatitude 55°30′ N, longitude 01°00′ W,\nlatitude 58°00′ N, longitude 01°00′ W,\nlatitude 58°00′ N, longitude 02°00′ W,\nthe east coast of Scotland at longitude 02°00′ W.\n2. Fisheries for scientific investigation shall be allowed in order to monitor the sand eel stock in the area and the effects of the closure.’;\n(11) in Article 29b, paragraph 3 is replaced by the following:\n‘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 that paragraph.’;\n(12) the following articles are inserted:\n‘Rockall Haddock box in ICES sub-area VI\nArticle 29c 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:\n57°00′ N, 15°00′ W\n57°00′ N, 14°00′ W\n56°30′ N, 14°00′ W\n56°30′ N, 15°00′ W\n57°00′ N, 15°00′ W.\nRestrictions on fishing for cod, haddock and whiting in ICES sub-area VI\nArticle 29d 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:\n54°30′ N, 10°35′ W\n55°20′ N, 09°50′ W\n55°30′ N, 09°20′ W\n56°40′ N, 08°55′ W\n57°00′ N, 09°00′ W\n57°20′ N, 09°20′ W\n57°50′ N, 09°20′ W\n58°10′ N, 09°00′ W\n58°40′ N, 07°40′ W\n59°00′ N, 07°30′ W\n59°20′ N, 06°30′ W\n59°40′ N, 06°05′ W\n59°40′ N, 05°30′ W\n60°00′ N, 04°50′ W\n60°15′ N, 04°00′ W.\n2. Any fishing vessel present within the area referred to in paragraph 1 of this Article 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 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.\n3. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using inshore static nets fixed with stakes, scallop dredges, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels, provided that:\n(a) no fishing gears 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\n(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.\n4. 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 with a mesh size of less than 55 millimetres, provided that:\n(a) no net of mesh size greater than or equal to 55 millimetres is carried on board; and\n(b) no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting, boarfish and argentines are retained on board.\n5. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using gillnets of mesh size greater than 120 millimetres, provided that:\n(a) they are only deployed in the area south of 59° N;\n(b) the maximum length of gillnet deployed is 20 km per vessel;\n(c) the maximum soak time is 24 hours; and\n(d) no more than 5 % of the catch is made up of whiting and cod.\n6. By way of derogation from paragraph 1, it shall be 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:\n(a) they are only deployed within 3 nautical miles of the coastline and for a maximum of 10 days per calendar month;\n(b) the maximum length of gillnet deployed is 1 000 metres;\n(c) the maximum soak time is 24 hours; and\n(d) at least 70 % of the catch is made up of lesser spotted dogfish.\n7. By way of derogation from paragraph 1, it shall be permitted to fish for Norway lobster within the area set out in that paragraph, provided that:\n(a) the fishing gear used incorporates a sorting grid in accordance with points 2 to 5 of Annex XIVa, or a square-mesh panel as described in Annex XIVc, or is another gear with equivalent high selectivity;\n(b) the fishing gear is constructed with a minimum mesh size of 80 millimetres;\n(c) at least 30 % of the retained catch by weight is Norway lobster.\nThe Commission shall, on the basis of a favourable opinion by STECF, adopt implementing acts, determining which gears are to be considered to have equivalent high selectivity for the purpose of point (a).\n8. 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:\n59°05′ N, 06°45′ W\n59°30′ N, 06°00′ W\n59°40′ N, 05°00′ W\n60°00′ N, 04°00′ W\n59°30′ N, 04°00′ W\n59°05′ N, 06°45′ W.\n9. 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 that:\n(a) all nets on board the vessel are constructed with a minimum mesh size of 120 millimetres for vessels with an overall length of more than 15 metres and of 110 millimetres for all other vessels;\n(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\n(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 square-mesh panel as described in Annex XIVd.\n10. No later than 1 January 2015 and no later than every two years thereafter, the Commission shall, in the light of scientific advice by STECF, assess the characteristics 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.\n11. Paragraph 9 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:\n59°05′ N, 06°45′ W\n59°30′ N, 06°00′ W\n59°40′ N, 05°00′ W\n60°00′ N, 04°00′ W\n59°30′ N, 04°00′ W\n59°05′ N, 06°45′ W.\n12. From 1 January to 31 March, and from 1 October to 31 December each year, it shall be prohibited to conduct any fishing activity using any of the gears 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 those stocks in the area specified in ICES area VIa enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:\n55°25′ N, 07°07′ W\n55°25′ N, 07°00′ W\n55°18′ N, 06°50′ W\n55°17′ N, 06°50′ W\n55°17′ N, 06°52′ W\n55°25′ N, 07°07′ W.\nNeither the master of a fishing vessel nor any other person on board shall cause or permit a person on board to attempt to fish for, land, tranship or have on board fish caught in the specified area.\n13. 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 discards of vessels benefiting from the derogations provided for in paragraphs 5, 6, 7 and 9. The observer 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 with a precision of at least 20 %.\n14. Member States concerned shall produce a report on the total amount of catches and discards made by vessels subject to the observer programme during each calendar year and shall submit it to the Commission no later than 1 February of the following calendar year.\n15. No later than 1 January 2015 and no later than every two years thereafter, the Commission shall assess the state of cod, haddock and whiting stocks in the area specified in paragraph 1 in the light of scientific advice by STECF and, where appropriate, submit to the European Parliament and the Council a proposal for the amendment of this Article.\nRestrictions on fishing for cod in ICES sub-area VII\nArticle 29e 1. From 1 February until 31 March each year, it shall be prohibited to conduct any fishing activity in ICES sub-area VII in the area which consists of ICES statistical rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within 6 nautical miles from the baseline.\n2. 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 area and time periods referred to in that paragraph, provided that:\n(a) no fishing gears 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\n(b) no fish other than mackerel, pollack, salmon, or shellfish other than molluscs and crustaceans are landed, retained on board or brought ashore.\n3. 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 millimetres, provided that:\n(a) no net of mesh size greater than or equal to 55 millimetres is carried on board; and\n(b) no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting, boarfish and argentines are retained on board.\nSpecial rules for the protection of blue ling\nArticle 29f 1. From 1 March to 31 May each year 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:\n(a) Edge of Scottish continental shelf\n59°58′ N, 07°00′ W\n59°55′ N, 06°47′ W\n59°51′ N, 06°28′ W\n59°45′ N, 06°38′ W\n59°27′ N, 06°42′ W\n59°22′ N, 06°47′ W\n59°15′ N, 07°15′ W\n59°07′ N, 07°31′ W\n58°52′ N, 07°44′ W\n58°44′ N, 08°11′ W\n58°43′ N, 08°27′ W\n58°28′ N, 09°16′ W\n58°15′ N, 09°32′ W\n58°15′ N, 09°45′ W\n58°30′ N, 09°45′ W\n59°30′ N, 07°00′ W\n59°58′ N, 07°00′ W;\n(b) Edge of Rosemary bank\n60°00′ N, 11°00′ W\n59°00′ N, 11°00′ W\n59°00′ N, 09°00′ W\n59°30′ N, 09°00′ W\n59°30′ N, 10°00′ W\n60°00′ N, 10°00′ W\n60°00′ N, 11°00′ W\nNot including the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:\n59°15′ N, 10°24′ W\n59°10′ N, 10°22′ W\n59°08′ N, 10°07′ W\n59°11′ N, 09°59′ W\n59°15′ N, 09°58′ W\n59°22′ N, 10°02′ W\n59°23′ N, 10°11′ W\n59°20′ N, 10°19′ W\n59°15′ N, 10°24′ W.\n2. When entering and exiting the areas referred to in paragraph 1, the master of a fishing vessel shall record the date, time and place of entry and exit in the logbook.\n3. In either of the two areas referred to in paragraph 1, if a vessel reaches the 6 tonnes of blue ling:\n(a) it shall immediately cease fishing and exit the area in which it is present;\n(b) it may not re-enter either of the areas until its catch has been landed;\n(c) it may not return to the sea any quantity of blue ling.\n4. The observers referred to in Article 8 of Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks who are assigned to fishing vessels present in one of the areas referred to in paragraph 1 shall, in addition to the tasks referred to in paragraph 4 of 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 protocols for sampling and for the collation of results.\n5. From 15 February to 15 April each year, 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:\n60°58.76′ N, 27°27.32′ W\n60°56.02′ N, 27°31.16′ W\n60°59.76′ N, 27°43.48′ W\n61°03.00′ N, 27°39.41′ W\n60°58.76′ N, 27°27.32′ W.\nMeasures for the redfish fishery in international waters of ICES sub-areas I and II\nArticle 29g 1. Directed fishing for redfish in the international waters of ICES sub-areas I and II shall only be permitted within the period from 1 July to 31 December each year by vessels which have previously been engaged in the redfish fishery in the NEAFC Regulatory Area, as defined in Article 3(3) of Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries.\n2. Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the total catch retained on board.\n3. The conversion factor to be applied to the gutted and headed presentation, including the Japanese cut presentation, of redfish caught in this fishery shall be 1,70.\n4. By way of derogation from Article 9(1)(b) of Regulation (EU) No 1236/2010, masters of fishing vessels engaged in this fishery shall report their catches on a daily basis.\n5. 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 that Regulation and are recorded in accordance with Article 9(3) thereof.\n6. 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 data on sex, age and length composition by depths. This information shall be reported to ICES by the competent authorities in the Member States.\n7. The Commission shall inform Member States of the date on which the NEAFC Secretariat notifies the NEAFC Contracting Parties that the total allowable catch (TAC) has been fully utilised. Member States shall prohibit directed fishery for redfish by vessels flying their flag from that date.\nMeasures for the redfish fishery in the Irminger Sea and adjacent waters\nArticle 29h 1. It shall be prohibited to catch redfish in international waters of ICES sub-area V and Union waters of ICES sub-areas XII and XIV.\nBy way of derogation from the first subparagraph, it shall 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 Conservation Area”):\n64°45′ N, 28°30′ W\n62°50′ N, 25°45′ W\n61°55′ N, 26°45′ W\n61°00′ N, 26°30′ W\n59°00′ N, 30°00′ W\n59°00′ N, 34°00′ W\n61°30′ N, 34°00′ W\n62°50′ N, 36°00′ W\n64°45′ N, 28°30′ W.\n2. Notwithstanding paragraph 1, a fishery for redfish 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 has established a recovery plan in respect of redfish in that geographical area. Only Union vessels that have been duly authorised by their respective Member State and notified to the Commission as required under Article 5 of Regulation (EU) No 1236/2010 shall participate in this fishery.\n3. It shall be prohibited to use trawls with a mesh size of less than 100 millimetres.\n4. The conversion factor to be applied to the gutted and headed presentation, including the Japanese cut presentation, of redfish caught in this fishery shall be 1,70.\n5. 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.\n6. 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 that Regulation and are recorded in accordance with Article 9(3) thereof.\n7. The reports referred to in paragraph 6 shall be made in accordance with the relevant rules.’;\n(13) in Article 30 the following paragraph is inserted:\n‘(1a) Paragraph 1 shall not apply to Region 9.’;\n(14) the following article is inserted:\n‘Electric fishing in ICES divisions IVc and IVb\nArticle 31a 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:\na point on the east coast of the United Kingdom at latitude 55° N,\nthen east to latitude 55° N, longitude 5° E,\nthen north to latitude 56° N,\nand finally east to a point on the west coast of Denmark at latitude 56° N.\n2. Electrical pulse fishing shall be allowed only when:\n(a) no more than 5 % of the beam trawler fleet per Member State use the electric pulse trawl;\n(b) the maximum electrical power in kW for each beam trawl is no more than the length in metres of the beam multiplied by 1,25;\n(c) the effective voltage between the electrodes is no more than 15 V;\n(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 personnel to modify this automatic computer management system;\n(e) it is prohibited to use one or more tickler chains in front of the footrope.’;\n(15) the following article is inserted:\n‘Catch handling and discharge restrictions on pelagic vessels\nArticle 32a 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(2) of Regulation (EU) No 1236/2010 shall be 10 millimetres.\nThe bars shall be welded in place. If holes are used in the water separator instead of bars, the maximum diameter of the holes shall not exceed 10 millimetres. Holes in the chutes before the water separator shall not exceed 15 millimetres in diameter.\n2. Pelagic vessels operating in the NEAFC Convention Area shall be prohibited from discharging fish under their water line from buffer tanks or Refrigerated seawater (RSW) tanks.\n3. Drawings related to the catch handling and 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.’;\n(16) the following articles are inserted:\n‘Technical conservation measures in the Irish Sea\nArticle 34a 1. 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:\nthe east coast of Ireland and the east coast of Northern Ireland, and\nstraight lines sequentially joining the following geographical coordinates:\na point on the east coast of the Ards peninsula in Northern Ireland at 54°30′ N,\n54°30′ N, 04°50′ W,\n53°15′ N, 04°50′ W,\na point on the east coast of Ireland at 53°15′ N.\n2. By way of derogation from paragraph 1, within the area and time period referred to in that paragraph:\n(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:\nare of the mesh size ranges 70-79 millimetres or 80-99 millimetres,\nare of only one of the permitted mesh size ranges,\nincorporate no individual mesh, irrespective of its position within the net, with a mesh size greater than 300 millimetres, and\nare deployed only within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:\n53°30′ N, 05°30′ W\n53°30′ N, 05°20′ W\n54°20′ N, 04°50′ W\n54°30′ N, 05°10′ W\n54°30′ N, 05°20′ W\n54°00′ N, 05°50′ W\n54°00′ N, 06°10′ W\n53°45′ N, 06°10′ W\n53°45′ N, 05°30′ W\n53°30′ N, 05°30′ W;\n(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:\ncomply with the conditions laid down in point (a),\nin the case of a separator panel, are constructed in conformity with the technical details provided in the Annex of Council Regulation (EC) No 254/2002 of 12 February 2002 establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish Sea (ICES) division VIIa), and\nin the case of sorting grids, are in accordance with points 2 to 5 of Annex XIVa to this Regulation;\n(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 joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:\n53°45′ N, 06°00′ W\n53°45′ N, 05°30′ W\n53°30′ N, 05°30′ W\n53°30′ N, 06°00′ W\n53°45′ N, 06°00′ W.\nUse of gillnets in ICES divisions IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and ICES sub-areas VIII, IX, X and XII east of 27° W\nArticle 34b 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 sub-areas VIII, IX and X and XII east of 27° W.\n2. By way of derogation from paragraph 1, it shall be permitted to use the following gears:\n(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 mesh size equal to or greater than 120 millimetres and less than 150 millimetres, gillnets in ICES divisions VIIIa, b, d and ICES sub-area X with a mesh size equal to or greater than 100 millimetres and less 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 millimetres, provided that:\nthey are deployed in waters with a charted depth of less than 600 metres,\nthey are no more than 100 meshes deep, and have a hanging ratio of not less than 0,5,\nthey are rigged with floats or equivalent flotation,\nthey each have a maximum length of 5 nautical miles, and the total length of all nets deployed at any one time does not exceed 25 km per vessel,\nthe maximum soak time is 24 hours;\n(b) Entangling nets with a mesh size equal to or greater than 250 millimetres, provided that:\nthey are deployed in waters with a charted depth of less than 600 metres,\nthey are no more than 15 meshes deep, and have a hanging ratio of not less than 0,33,\nthey are not rigged with floats or other means of floatation,\nthey each have a maximum length of 10 km, and the total length of all nets deployed at any one time does not exceed 100 km per vessel,\nthe maximum soak time is 72 hours;\n(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 than 130 millimetres, provided that:\nthey are deployed in waters with a charted depth of more than 200 metres and less than 600 metres,\nthey are no more than 100 meshes deep, and have a hanging ratio of not less than 0,5,\nthey are rigged with floats or equivalent floatation,\nthey each have a maximum length of 4 nautical miles, and the total length of all nets deployed at any one time does not exceed 20 km per vessel,\nthe maximum soak time is 24 hours,\nno less than 85 % of the retained catch by weight is hake,\nthe number of vessels participating in the fishery does not rise above the level recorded in 2008,\nprior to leaving port the master of the vessel participating in this fishery records in the log-book, the quantity and total length of gear carried on board the vessel. At least 15 % of departures shall be subject to inspection,\nas 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\nthe quantity of all species caught greater than 50 kg, including all quantities discarded greater than 50 kg, is recorded in the Union logbook;\n(d) Trammel nets in ICES sub-area IX with a mesh size equal to or greater than 220 millimetres, provided that:\nthey are deployed in waters with a charted depth of less than 600 metres,\nthey are no more than 30 meshes deep, and have a hanging ratio of not less than 0,44,\nthey are not rigged with floats or other means of floatation,\nthey 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,\nthe maximum soak time is 72 hours.\n3. However, this derogation shall not apply in the NEAFC Regulatory Area.\n4. All vessels deploying bottom set gillnets, entangling 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, VIII, IX and X, shall be issued with a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009.\n5. Only one of the types of gear described in paragraph 2(a), (b) or (d) shall be retained on board the vessel at any 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.\n6. The master of a vessel with a fishing authorisation referred to in paragraph 4 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 shall account for any discrepancy between the two quantities.\n7. 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 sub-areas XII east of 27° W, VIII, IX and X, in the following situations:\n(a) the gear is not properly marked;\n(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;\n(c) the gear is deployed in waters with a charted depth greater than that which is permitted;\n(d) the gear is of an illegal mesh size.\n8. The master of a vessel with a fishing authorisation referred to in paragraph 4 shall record in the logbook the following information during each fishing trip:\nthe mesh size of the net deployed,\nthe nominal length of one net,\nthe number of nets in a fleet,\nthe total number of fleets deployed,\nthe position of each fleet deployed,\nthe depth of each fleet deployed,\nthe soak time of each fleet deployed,\nthe quantity of any gear lost, its last known position and date of loss.\n9. Vessels fishing with a fishing authorisation referred to in paragraph 4 shall only be permitted to land in the ports designated by the Member States pursuant to Article 7 of Regulation (EC) 2347/2002.\n10. 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 quantity of marine organisms retained on board.\n11. After consulting STECF, the Commission may adopt implementing acts excluding specific fisheries of a Member State, in ICES sub-areas VIII, IX and X, from the application of paragraphs 1 to 9, where information provided by Member States shows that those fisheries result in a very low level of shark by-catches and of discards.\nCondition for fisheries using certain towed gears authorised in the Bay of Biscay\nArticle 34c 1. By way of derogation from the provisions laid down in Article 5(2) of Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for the recovery of the stock of hake 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 gears, with the exception of beam trawls, with a mesh 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.\n2. 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 to or more than 60 millimetres in the lower part of the extension piece in front of the codend. The provisions laid down in Article 4(1), Article 6 and 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 inserted.\nMeasures for the protection of vulnerable deep-sea habitats in the NEAFC Regulatory Area\nArticle 34d 1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gillnets and bottom set longlines, within the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:\nPart of the Reykjanes Ridge:\n55°04.5327′ N, 36°49.0135′ W\n55°05.4804′ N, 35°58.9784′ W\n54°58.9914′ N, 34°41.3634′ W\n54°41.1841′ N, 34°00.0514′ W\n54°00′ N, 34°00′ W\n53°54.6406′ N, 34°49.9842′ W\n53°58.9668′ N, 36°39.1260′ W\n55°04.5327′ N, 36°49.0135′ W\nNorthern MAR Area:\n59°45′ N, 33°30′ W\n57°30′ N, 27°30′ W\n56°45′ N, 28°30′ W\n59°15′ N, 34°30′ W\n59°45′ N, 33°30′ W\nMiddle MAR Area (Charlie-Gibbs Fracture zone and Subpolar Frontal Region):\n53°30′ N, 38°00′ W\n53°30′ N, 36°49′ W\n55°04.5327′ N, 36°49′ W\n54°58.9914′ N, 34°41.3634′ W\n54°41.1841′ N, 34°00′ W\n53°30′ N, 30°00′ W\n51°30′ N, 28°00′ W\n49°00′ N, 26°30′ W\n49°00′ N, 30°30′ W\n51°30′ N, 32°00′ W\n51°30′ N, 38°00′ W\n53°30′ N, 38°00′ W\nSouthern MAR Area:\n44°30′ N, 30°30′ W\n44°30′ N, 27°00′ W\n43°15′ N, 27°15′ W\n43°15′ N, 31°00′ W\n44°30′ N, 30°30′ W\nThe Altair Seamounts:\n45°00′ N, 34°35′ W\n45°00′ N, 33°45′ W\n44°25′ N, 33°45′ W\n44°25′ N, 34°35′ W\n45°00′ N, 34°35′ W\nThe Antialtair Seamounts:\n43°45′ N, 22°50′ W\n43°45′ N, 22°05′ W\n43°25′ N, 22°05′ W\n43°25′ N, 22°50′ W\n43°45′ N, 22°50′ W\nHatton Bank:\n59°26′ N, 14°30′ W\n59°12′ N, 15°08′ W\n59°01′ N, 17°00′ W\n58°50′ N, 17°38′ W\n58°30′ N, 17°52′ W\n58°30′ N, 18°22′ W\n58°03′ N, 18°22′ W\n58°03′ N, 17°30′ W\n57°55′ N, 17°30′ W\n57°45′ N, 19°15′ W\n58°11.15′ N, 18°57.51′ W\n58°11.57′ N, 19°11.97′ W\n58°27.75′ N, 19°11.65′ W\n58°39.09′ N, 19°14.28′ W\n58°38.11′ N, 19°01.29′ W\n58°53.14′ N, 18°43.54′ W\n59°00.29′ N, 18°01.31′ W\n59°08.01′ N, 17°49.31′ W\n59°08.75′ N, 18°01.47′ W\n59°15.16′ N, 18°01.56′ W\n59°24.17′ N, 17°31.22′ W\n59°21.77′ N, 17°15.36′ W\n59°26.91′ N, 17°01.66′ W\n59°42.69′ N, 16°45.96′ W\n59°20.97′ N, 15°44.75′ W\n59°21′ N, 15°40′ W\n59°26′ N, 14°30′ W\nNorth-West Rockall:\n57°00′ N, 14°53′ W\n57°37′ N, 14°42′ W\n57°55′ N, 14°24′ W\n58°15′ N, 13°50′ W\n57°57′ N, 13°09′ W\n57°50′ N, 13°14′ W\n57°57′ N, 13°45′ W\n57°49′ N, 14°06′ W\n57°29′ N, 14°19′ W\n57°22′ N, 14°19′ W\n57°00′ N, 14°34′ W\n56°56′ N, 14°36′ W\n56°56′ N, 14°51′ W\n57°00′ N, 14°53′ W\nSouth-West Rockall (Empress of Britain Bank):\n56°24′ N, 15°37′ W\n56°21′ N, 14°58′ W\n56°04′ N, 15°10′ W\n55°51′ N, 15°37′ W\n56°10′ N, 15°52′ W\n56°24′ N, 15°37′ W\nLogachev Mound:\n55°17′ N, 16°10′ W\n55°34′ N, 15°07′ W\n55°50′ N, 15°15′ W\n55°33′ N, 16°16′ W\n55°17′ N, 16°10′ W\nWest Rockall Mound:\n57°20′ N, 16°30′ W\n57°05′ N, 15°58′ W\n56°21′ N, 17°17′ W\n56°40′ N, 17°50′ W\n57°20′ N, 16°30′ W\n2. 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.\nMeasures for the protection of vulnerable deep-sea habitats in ICES divisions VIIc, j and k\nArticle 34e 1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gillnets and bottom set longlines, within the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 coordinate system:\nBelgica Mound Province:\n51°29.4′ N, 11°51.6′ W\n51°32.4′ N, 11°41.4′ W\n51°15.6′ N, 11°33.0′ W\n51°13.8′ N, 11°44.4′ W\n51°29.4′ N, 11°51.6′ W\nHovland Mound Province:\n52°16.2′ N, 13°12.6′ W\n52°24.0′ N, 12°58.2′ W\n52°16.8′ N, 12°54.0′ W\n52°16.8′ N, 12°29.4′ W\n52°04.2′ N, 12°29.4′ W\n52°04.2′ N, 12°52.8′ W\n52°09.0′ N, 12°56.4′ W\n52°09.0′ N, 13°10.8′ W\n52°16.2′ N, 13°12.6′ W\nNorth-West Porcupine Bank Area I:\n53°30.6′ N, 14°32.4′ W\n53°35.4′ N, 14°27.6′ W\n53°40.8′ N, 14°15.6′ W\n53°34.2′ N, 14°11.4′ W\n53°31.8′ N, 14°14.4′ W\n53°24.0′ N, 14°28.8′ W\n53°30.6′ N, 14°32.4′ W\nNorth-West Porcupine Bank Area II:\n53°43.2′ N, 14°10.8′ W\n53°51.6′ N, 13°53.4′ W\n53°45.6′ N, 13°49.8′ W\n53°36.6′ N, 14°07.2′ W\n53°43.2′ N, 14°10.8′ W\nSouth-West Porcupine Bank:\n51°54.6′ N, 15°07.2′ W\n51°54.6′ N, 14°55.2′ W\n51°42.0′ N, 14°55.2′ W\n51°42.0′ N, 15°10.2′ W\n51°49.2′ N, 15°06.0′ W\n51°54.6′ N, 15°07.2′ W\n2. All pelagic vessels fishing in the areas for the protection of vulnerable deep-sea habitats set out in paragraph 1 of this Article shall be on a list of authorised vessels and be issued with a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009. Vessels included in the list of authorised vessels shall carry on board exclusively pelagic gear.\n3. Pelagic vessels intending to fish in an area for the protection of vulnerable deep-sea habitats as set out in paragraph 1 of this Article shall give four hours advance notification of their intention to enter an area for the protection of 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.\n4. 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 Monitoring System (VMS) which complies fully with the respective rules when present in an area for the protection of vulnerable deep-sea habitats.\n5. 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.\n6. Pelagic vessels who have concluded fishing in an area for the protection of vulnerable deep-sea habitats as set out in paragraph 1 shall inform the Irish FMC on departure from the area. They shall at the same time notify quantities of fish retained on board.\n7. Fishing for pelagic species in an area for the protection of vulnerable deep-sea habitats as set out in paragraph 1 shall be restricted to having onboard or fishing with nets with a mesh size in the range of 16-31 millimetres or 32-54 millimetres.\nMeasures for the protection of a vulnerable deep-sea habitat in ICES division VIIIc\nArticle 34f 1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gillnets and bottom set longlines, within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:\nEl Cachucho:\n44°12′ N, 05°16′ W\n44°12′ N, 04°26′ W\n43°53′ N, 04°26′ W\n43°53′ N, 05°16′ W\n44°12′ N, 05°16′ W\n2. By way of derogation from the prohibition set out in the paragraph 1, vessels that conducted fisheries with bottom set longlines in 2006, 2007 and 2008 targeting greater forkbeard may obtain from their fishing authorities a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009 that allows them to continue conducting that fishery in the area south of 44°00.00′ N. All vessels having obtained this fishing authorisation shall, regardless of 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.’;\n(17) Article 38 is deleted;\n(18) Article 47 is deleted;\n(19) Annexes I, IV, XII and XIV to Regulation (EC) No 850/98 are amended in accordance with the Annex to this Regulation;\n(20) Annexes XIIa, XIVa, XIVb, XIVc and XIVd are inserted in accordance with the Annex to this Regulation.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 347, 30.12.2011, p. 44.’;"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 343, 22.12.2009, p. 1."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 348, 24.12.2008, p. 20."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 351, 28.12.2002, p. 6."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 348, 31.12.2010, p. 17.’;"
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 41, 13.2.2002, p. 1."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "OJ L 77, 20.3.2002, p. 8.’;"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2013/227/article/1",
    "retrieved_at": "2026-11-01T14:48:47.945968+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}