Commission Regulation (EC) No 2056/2001 of 19 October 2001 establishing additional technical measures for the recovery of the stocks of cod in the North Sea and to the west of Scotland

Article 1

56° 00′ N 07° 30′ W

56° 00′ N 04° 00′ W

55° 00′ N 04° 00′ W

55° 00′ N 07° 30′ W

56° 00′ N 07° 30′ W

Article 2

For the purposes of this Regulation the following definitions shall apply:

• 1. ‘codend’ means a codend sensu stricto as defined in the Annex to Commission Regulation (EEC) No 3440/84 ([^E0004]) of 6 December 1984 on the attachment of devices to trawls, Danish seines and similar nets.

• 1. ‘extension piece’ means a lengthening piece as defined in the Annex to Regulation (EEC) No 3440/84.

• 1. ‘unintended catches’ means incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ([^E0005]), must be landed and counted against quotas either because they are below the minimum conservation reference size or because they exceed the quantities permitted under the catch composition and by-catch rules.

Article 3

For the purposes of this Regulation percentages of catches retained on board shall be calculated in accordance with conditions laid down in Article 5 of Regulation (EC) No 850/98.

Article 4

Notwithstanding the conditions laid down in Article 4(4) and Article 15(1) of Regulation (EC) No 850/98:

• 1. The catch taken with any demersal towed net of mesh size range 70 to 79 mm and retained on board in ICES Sub-area VI and/or ICES Division Vb shall consist of at least 30 % of Norway lobsters and no more than 5 % of cod.

• 1. The catch taken with any demersal towed net of mesh size range 80 to 109 mm and retained on board in ICES Division IIa or that part of ICES Sub-area IV to the north of straight lines sequentially joining the following geographical coordinates: A point on the east coast of the United Kingdom at 55° 00′ N, 55° 00′N 05° 00′ E, 56° 00′ N 05° 00′ E, a point on the west coast of Denmark at 56° 00′ N, shall consist of at least 30 % of Norway lobsters.

• 1. The catch taken with any demersal towed net of mesh size range 100 to 109 mm and retained on board any fishing vessel in ICES Sub-area VI and/or ICES Division Vb shall consist of:
• — at least 70 % of any mixture of haddock, hake, whiting, anglerfish, megrims, skates, rays, saithe and Nephrops and no more than 5 % of cod, or
• — of at least 70 % of any mixture of the target species included in the longer list of such target species for mesh size range 80 to 99 mm specified in Annex I of Regulation (EC) No 850/98 and/or ling, blue ling, saithe, siki sharks, black scabbard fish, orange roughy, Phycis spp. and Brosme brosme and no more than 5 % of cod.

• 1. The catch taken with any demersal towed net of mesh size range 110 to 119 mm and retained on board any fishing vessel shall consist of:
• — at least 70 % of saithe and no more than 3 % of cod, or
• — for catches taken in ICES Sub-area VI and/or ICES Division Vb and retained on board, at least 70 % of any mixture of the target species included in the longer list of such target species for mesh size range 80 to 99 mm specified in Annex I to Regulation (EC) No 850/98 and/or ling, blue ling, saithe, siki sharks, black scabbard fish, orange roughy, Phycis spp. and Brosme brosme and no more than 5 % of cod. However, during 2002, the catch taken with any demersal towed net of mesh size range 110 to 119 mm and retained on board any fishing vessel may consist of:
• — at least 50 % of any mixture of haddock, whiting, plaice, sole, lemon sole, skates, rays and anglerfish and no more than 25 % of cod for catches taken in ICES Sub-area IV and/or ICES Division IIa, or
• — at least 50 % of any mixture of haddock, whiting, megrims, anglerfish, skates, rays, Greenland halibut, tusk, ling and saithe and no more than 25 % of cod for catches taken in ICES Sub-area VI and/or ICES Division Vb.

• 1. It shall be prohibited to retain on board or deploy any demersal towed net or nets of mesh size range 100 to 119 mm unless:
• — each such net is equipped with a square-meshed panel of at least 90 mm mesh size and the panel is installed in compliance with the conditions laid down in paragraphs 2 and 3 of Article 7 of Regulation (EC) No 850/98, or
• — the catch retained on board shall consist of at least 70 % of any mixture of the target species included in the longer list of such target species for mesh size range 80 to 99 mm specified in Annex I to Regulation (EC) No 850/98 and/or ling, blue ling, saithe, siki, sharks, black scabbard fish, orange roughy, Phycis spp. and Brosme brosme and no more than 5 % of cod, or
• — each such net is lashed and stowed in compliance with the conditions laid down in Article 20(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy ([^E0006]).

• 1. Unless otherwise specified in paragraphs 1 to 5, catches of cod retained on board any vessel carrying any demersal towed net of mesh size range 32 to 119 mm shall not be in excess of 20 % of the weight of the total catch of marine organisms retained on board.

• 1. Catches taken by demersal towed gears of mesh size equal to or greater than 120 mm and retained on board are exempt from conditions relating to percentages of target and non-target species.

Article 5

• (i) any individual quadrilateral mesh of which the bars of the mesh are not of approximately equal length;

• (ii) a codend and any extension piece, whose joint stretched length exceeds 36 metres in nets of mesh size equal to or greater than 70 mm;

• (iii) a codend and any extension piece constructed of more than one sheet of netting material such that the linear dimensions of the top half or top sheet of said codend and extension piece are not equal to the linear dimensions of the bottom half or bottom sheet;

• (iv) a codend or extension piece or square-meshed panel each of which is not constructed exclusively of only one type of netting material;

• (v) a codend attached by any means other than being sewn into that part of the net anterior to the codend;

• (vi) a codend and/or extension piece of mesh size equal to or greater than 55 mm which is not constructed of single-twine netting material of which no twine is of thickness greater than 8 mm or of double-twine netting material of which no twine is of thickness greater than 5 mm.

• (i) of mesh size range 70 to 89 mm having more than 120 meshes in any circumference of the codend excluding the joinings and selvages;

• (ii) of mesh size greater than 90 mm having more than 100 meshes in any circumference of the codend excluding the joinings and selvages;

• (iii) of mesh size range 70 to 99 mm unless the upper half of such a net consists of a panel of netting material attached directly to the headline of the net or to no more than three rows of netting material of any mesh size attached directly to the headline, extending towards the posterior of the net for at least 15 meshes and constructed of diamond-meshed netting material of which no individual mesh is of mesh size less than 140 mm;

• (iv) of mesh size range 70 to 99 mm unless a square-meshed panel of mesh size at least 80 mm is included in such a net in compliance with the conditions laid down in paragraphs 2 and 3 of Article 7 of Regulation (EC) No 850/98.

The conditions laid down in paragraphs (iii) and (iv) shall not apply whenever the catch retained on board and taken with a net or nets of mesh size range 80 to 99 mm consist of:

• — at least 85 % of queen scallops, or

• — at least 40 % of sole and no more than 5 % of cod.

• — directly to the headline, or

• — to no more than three rows of netting material of any mesh size attached directly to the headline.

The panel of netting shall extend towards the posterior of the net for at least the number of meshes determined by:

• (i) dividing the length in metres of the beam of the net by 12;

• (ii) multiplying the result obtained in (i) by 5 400 and

• (iii) dividing the result obtained in (ii) by the mesh size in millimetres of the smallest mesh in the panel and

• (iv) ignoring any decimal or other fractions in the result obtained in (iii).

Article 6

• — ICES Division IIa,

• — that part of ICES Sub-area IV to the north of 56° 00′ N,

• — ICES Division Vb and

• — ICES Sub-area VI to the north of 56° 00′ N.

a point on the east coast of the United Kingdom at 55° 00′ N,

55° 00′ N 05° 00′ E,

56° 00′ N 05° 00′ E,

a point on the east coast of the United Kingdom at 56° 00′ N,

provided that the catches taken within this area with such a fishing gear and retained on board consist of no more than 5 % of cod.

Article 7

Notwithstanding conditions laid down in Article 11 and Annex VI to Regulation (EC) No 850/98, it shall be prohibited to retain on board any cod in excess of 30 % by weight of the total weight of marine organisms retained on board and caught by fixed gears unless the mesh size of such gears is equal to or greater than 140 mm.

Article 8

The catch taken with such trawls and retained on board shall consist of at least 30 % of Norway lobsters.

Article 9

Notwithstanding the provision laid down in Article 7(5) of Regulation (EC) No 850/98 Norwegian vessels are permitted to fish in Community waters of ICES Sub-area IV for Pandalus shrimps using demersal towed nets of mesh size range 32 to 54 mm in which sorting grids are installed in accordance with conditions laid down in Norwegian legislation.

Article 9a

Where marine organisms of a species subject to the landing obligation are caught in excess of permitted percentages or quantities specified in Article 4(1) to (6), Article 5(2), Article 6(2), Article 7 and Article 8 of this Regulation, Article 15 of Regulation (EU) No 1380/2013 shall apply. Those unintended catches shall be landed and counted against quotas. Such unintended catches shall not be deemed to represent a breach of the permitted percentages of the catch composition specified in those Articles.

Article 10

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

It shall be applicable from 1 January 2002.

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

OJ L 125, 27.4.1998, p. 1.

OJ L 137, 19.5.2001, p. 1.

[^E0003]: OJ L 292, 21.11.2000, p. 5.

[^E0004]: OJ L 318, 7.12.1984, p. 23.

[^E0005]: Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

[^E0006]: OJ L 261, 20.10.1993, p. 1.