
CHAPTER I
Article 1 
This Regulation lays down detailed rules for the implementation of Regulation (EC) No 850/98 as regards the determination of the mesh size and the assessment of the twine thickness of fishing nets by ... inspectors.
Article 2 
For the purpose of this Regulation, the following definitions shall apply:

((a)) ‘mesh gauge’ means a mesh measurement gauge with two jaws, which automatically applies longitudinal forces, in the range of 5 to 180 Newton (N) to the meshes with a precision of 1 N;
((b)) ‘active gear’ means any fishing gear for which the catch operation requires an active movement of the gear, including in particular towed gears, encircling gears, trawls, Danish seines and similar towed nets;
((c)) ‘passive gear’ means any fishing gear for which the catch operation does not require an active movement of the gear, and includes gillnets, entangling nets, trammel nets, trap-nets, lines, pots and traps;
((d)) ‘N-direction’ for knotted netting means the direction at right angles to the general course of the netting yarn, as shown in Annex I;
((e)) ‘T-direction’ means:

((i)) for knotted netting: the direction parallel to the general course of the netting yarn, as shown in Annex I;
((ii)) for knotless netting: the direction at right angle to N-direction;
((f)) ‘mesh size’ means:

((i)) for knotted netting: the longest distance between two opposite knots in the same mesh when fully extended as shown in Annex I;
((ii)) for knotless netting: the inside distance between the opposite joints in the same mesh when fully extended along its longest possible axis;
((g)) ‘diamond mesh’ means a mesh as shown in figure 1 of Annex II, composed of four bars of the same length where the two diagonals of the mesh are perpendicular and one diagonal is parallel to the longitudinal axis of the net as shown in figure 2 of Annex II;
((h)) ‘square mesh’ means a quadrilateral mesh composed of two sets of parallel bars of the same length, where one set is parallel to, and the other is at right angles to the longitudinal axis of the net;
((i)) ‘T90 mesh’ means a diamond mesh from knotted netting, as shown in figure 1 of Annex II, mounted so that the T-direction of the netting is parallel to the longitudinal axis of the net.
CHAPTER II
Article 3 

1. Inspectors  shall use the mesh gauge and twine thickness gauges which comply with the provisions of this Regulation for the determination of the mesh size and the twine thickness of fishing nets when conducting fishery inspections.
2. The technical specifications applying to the mesh gauge are set out in Annex III.
3. The technical specifications applying to twine thickness gauges are set out in Annex IV.
4. The mesh gauge and twine thickness gauges referred to in paragraph 1 shall be marked ‘EC gauge’ and certified by the manufacturer as complying with the technical specification referred in paragraphs 2 and 3 respectively.
5. The mesh gauge and twine thickness gauges sold or distributed for use by entities or persons other than  the competent authorities of a fisheries administration  shall not be marked ‘EC gauge’.
Article 4 
A fisheries administration must ensure that the calibrated test weights  and calibrated test measuring plate provided for in figure 1 of Annex V  are  certified by the  appropriate certification   authority   and marked ‘EC’.
Article 5 
The accuracy of the mesh gauge shall be verified by:

((a)) inserting the jaws of the gauge into slots of the calibrated test plate as provided for in figure 1 of Annex V;
((b)) hanging the calibrated test weights on the fixed jaw, as provided for in figure 2 of Annex V.
CHAPTER III
Article 6 

1. The inspector shall select a series of 20 consecutive meshes from the net, chosen in the following direction:
(a) for diamond and square meshes, in the direction of the longitudinal axis of the net;
(b) for T90 meshes, perpendicular to the direction of the longitudinal axis of the net.
2. Meshes less than three meshes from the selvedge, lacings, ropes or cod line shall not be measured. That distance shall be measured perpendicular to the lacings, ropes or cod line with the net stretched in the direction of that measurement. Meshes which are broken or have been repaired or have attachments to the net fixed at that mesh shall not be measured.
3. By way of derogation from paragraph 1, the meshes to be measured need not to be consecutive if the application of paragraph 2 prevents it.
Article 7 

1. The inspector shall select 20 meshes from the fishing net. In the case of different mesh sizes in the fishing net, the meshes shall be selected from the part of the fishing net having the smallest meshes.
2. When selecting meshes in accordance with paragraph 1, the following meshes shall not be included:
(a) meshes at the top, bottom or side of a net selvedge;
(b) meshes within three meshes of lacings and ropes;
(c) meshes that have been broken or have been repaired.
Article 8 
The mesh gauge shall be:

((a)) prepared in accordance with Annex VI;
((b)) operated in accordance with Annex VII.
Article 9 
When measuring diamond and T90 meshes in:

((a)) knotted and knotless netting when the N-direction can be determined, the netting shall be stretched in the N-direction of the meshes, as shown in Annex VII;
((b)) knotless netting when the N-direction cannot be determined, the longest axis of the mesh shall be measured.
Article 10 

1. When measuring a square mesh panel, the netting shall be stretched first in one diagonal direction and then in the other diagonal direction of the mesh, as shown in Annex VIII.
2. The procedure laid down in Annex VI shall apply to the measurement of each diagonal direction of the square mesh.
Article 11 
Meshes shall be measured only when wet and unfrozen.
Article 12 

1. The size of each mesh shall be the distance between the outside edges of the jaws of the gauge at the point where the movable jaw is stopped.
2. Where there is a difference in measurement between the diagonals of an individual square mesh, then the larger diagonal shall be used.
Article 13 
The mesh size of the net shall be determined as the mean value, displayed by the gauge, of the series of 20 selected meshes.
Article 14 

1. If the master of a fishing vessel disputes the result of the determination of the mesh size carried out in accordance with Article 13, 20 meshes shall be selected and measured in another part of the fishing net in accordance with Articles 6 to 12.
2. The mesh size shall then be redetermined as the mean value, displayed by the gauge, of all 40 meshes measured. The displayed result of the gauge shall be final.
CHAPTER IV
Article 15 

1. The inspector shall select meshes from any part of the fishing net which is subject to a maximum permitted twine thickness.
2. Twines within a mesh that are broken or have been repaired shall not be selected.
Article 16 
Twines in diamond mesh netting shall be selected in the following way, as shown in Annex VIII:

((a)) in the case of single twine netting, the twine on opposite sides of 10 meshes shall be selected;
((b)) in the case of double twine netting, each strand of twine on opposite sides of five meshes shall be selected.
Article 17 
Twines in square mesh netting shall be selected in the following way, as shown in Annex VIII:

((a)) in the case of single twine netting, the twine on only one side of 20 meshes shall be selected, with the same side being selected in each mesh;
((b)) in the case of double twine netting, each strand of twine on only one side of 10 meshes shall be assessed, with the same side being selected in each mesh.
Article 18 
A gauge with a circular hole with a diameter equal to the maximum twine thickness permitted for the part of the net considered shall be used by the inspector.
Article 19 
Twines shall be assessed when unfrozen.
Article 20 
When the thickness of the twine prevents the closure of the jaws of the gauge or the twine does not pass easily through the hole when the jaws are closed, the assessment of the thickness of a twine shall be noted by the inspector as a negative assessment (–).
Article 21 

1. If more than five negative assessments (–) of the 20 twines selected are noted in accordance with Article 20, the inspector shall again select and assess a further 20 twines in accordance with Articles 15 to 20.
2. If more than 10 negative assessments (–) of the total 40 twines selected are found, the twine thickness shall be determined as exceeding the maximum twine thickness permitted for that part of the fishing net.
Article 22 

1. If the master of the vessel disputes the result of the assessment of the twine thickness carried out in accordance with Article 21, the provisions of paragraph 2 of this Article shall apply.
2. The inspector shall again select and assess 20 different twines in the same part of the fishing net. If more than five negative assessments (–) of the total 20 twines selected are found, the twine thickness shall be determined as exceeding the maximum twine thickness permitted for that part of the fishing net. The result of that assessment shall be final.
CHAPTER V
Article 23 

1. Regulation (EC) No 129/2003 is repealed.
2. Reference to the provisions of the Regulation (EC) No 129/2003 shall be construed as reference to the present Regulation and read in accordance with the correlation table in Annex IX.
Article 24 
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Article 25 
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This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 10 June 2008.
For the Commission
Joe BORG
Member of the Commission
ANNEX I
ANNEX II
Figure 1The direction of run of the netting twine in a standard diamond knotted net (A) and in a net turned 90° (B) is shown below.
Figure 2
ANNEX III
1. 

((a)) automatically apply a longitudinal measuring force when measuring the mesh size of fishing nets;
((b)) have two jaws, one fixed and one movable, each 2 mm thick with rounded edges with a radius of 1 mm to ensure that the jaws slip easily over the twine as shown in figure below;
((c)) be electrically driven or if battery powered it shall be capable of making 1 000 consecutive mesh measurements before requiring to be recharged;
((d)) be able to apply selected longitudinal forces, in the range 5 to 180 N, to the meshes with a precision of 1 N;
((e)) have a built-in system for measuring the applied force;
((f)) be capable to stretch a mesh at a constant speed of 300 ± 30 mm/min by the movable jaw;
((g)) be able to measure meshes from 10 to 300 mm and have detachable jaws for use on small and large meshes;
((h)) have a measurement precision of 1 mm;
((i)) have a structure which is rigid and shall not be distorted under load;
((j)) be light yet robust and should weigh no more than 2,5 kg;
((k)) be made of materials resistant to corrosion under marine conditions;
((l)) be water resistant and unaffected by dust to standard IP56;
((m)) be stable in operation over a temperature range of – 10 to + 45 °C;
((n)) be able to withstand temperatures between – 30 and 70 °C during storage and transportation;
((o)) be controlled by software which should provide a menu of functions and enable the gauge to self-test the electronic and mechanical parts when started;
((p)) display that the gauge is ready for use and if not, display an error message, close down and cease operating;
((q)) be possible to operate with one hand and the functions must be accessed via external buttons;
((r)) show data on an integral display and present each measurement, the number of measurements made in a series, and the mean value in millimetres;
((s)) store the data of at least 1 000 measurements in its memory and it must be possible to transmit data to a computer;
((t)) contain a function to calculate the mean mesh size rounded to the nearest 0,1 mm;
((u)) incorporate software having a function to automatically select the largest diagonal of each mesh to calculate the mean mesh size of the square mesh netting;
((v)) save the data of all measurements made.

2. Some netting creeps under load. The gauge must respond to this condition by reapplying the fixed force, requiring an algorithm in the controlling software, as described in the Appendix.

Figure 
Appendix to Annex III
To allow for creep in a stretched mesh:

1.. extend the movable jaw into the mesh at a constant speed of 300 ± 30 mm/min, until the measurement force is reached;
2.. stop the motor and wait for 1 second;
3.. if the force drops below 80 % of the pre-set measurement force, extend the movable jaw into the mesh until the measurement force is reached once more.

ANNEX IV
Gauges for assessing the thickness of twine shall:

((a)) be made of durable, non-corrosive material able to withstand a harsh marine environment and shall be manufactured in accordance with the drawings shown in the figure below;
((b)) have edges around the circumference of each side of the circular hole for assessing the thickness of the twine (the hole) rounded to avoid abrasion when the twine is pulled through the hole to test legality;
((c)) be constructed with the nose of the pliers rounded to facilitate inserting the jaws between double twines;
((d)) have jaws with parallel action that are sufficiently strong to prevent deformation of the jaws during any reasonable use, bearing in mind that the jaws have to be squeezed closed with manual force during every measurement;
((e)) have the inside faces of the jaws milled to leave a 0,5 mm gap for a distance of 1 mm either side of the hole when the jaws are closed in order to avoid single filaments of material protruding from braided or twisted construction being trapped in the flat surfaces of the jaws on each side of the hole in which the twine is seated;
((f)) have, when the jaws are closed, the diameter of the circular hole marked in millimetres on one of the jaws, adjacent to the hole; the jaws are closed when the surface of both internal sides of the jaws touch each other and are flush;
((g)) have both the handle and the jaws marked ‘EC gauge’;
((h)) have a tolerance for the hole diameter of 0 + 0,1 mm;
((i)) be conveniently portable such that a set of four (4 mm, 5 mm, 6 mm, and 8 mm) gauges may be carried by an inspector during vessel to vessel transfer at sea;
((j)) if gauges are of different sizes, be easily identifiable;
((k)) be easy to insert between double twine. After the gauge has been inserted into position, it shall be capable of easy operation with one hand.

Figure 
ANNEX V
A. 
The verification of length measurement shall be performed by inserting the jaws of the gauge to be used during the inspection, into slots of different lengths in the calibrated rigid test plate. This can be done at any time.

Figure 1
B. 
The verification of force measurement shall be performed by hanging calibrated weights on the fixed jaw containing the load cell, with the gauge held vertical and secure. The weights shall have the following values: 10, 20, 50 and 125 N. The weights can only be used under stable conditions.

Figure 2
ANNEX VI
1. 

((a)) select the appropriate size of jaw for the meshes to be measured;
((b)) ensure that the jaws are clean;
((c)) check that the gauge completes the self-test satisfactorily;
((d)) select the measuring force to be applied as follows:

((i)) for active gear:

— 20 N for mesh sizes < 35 mm,
— 50 N for mesh sizes ≥ 35 mm and < 55 mm,
— 125 N for mesh sizes ≥ 55 mm;
((ii)) for passive gear:

— 10 N for all mesh sizes;
((e)) verify the jaw type setting. The default setting is ‘Normal’. If small or large jaws are used, the inspector shall enter the menu and change the jaw type setting accordingly.

2. When the activities set out in point 1 are completed the gauge is then ready to undertake mesh measurements.

ANNEX VII

When measuring the meshes the inspector shall:

((a)) insert the jaws into the mesh opening with the fixed jaw of the gauge against the knot, as shown in the figure below;
((b)) activate the gauge allowing the jaws to open until the movable jaw reaches the opposite knot and stops when the set force is reached:

ANNEX VIII
ANNEX IX
Regulation (EC) No 129/2003 This Regulation
— Article 1
Article 1 Article 2
Article 2(1) Article 3(2)
Article 2(2) Article 3(4)
Article 3(1) Article 9
Article 3(2) —
Article 3(3) —
Article 4(1) Article 10(1)
Article 4(2) Article 10(2)
Article 5(1) Article 6(1)
Article 5(2) Article 6(2)
Article 5(3) Article 6(3)
Article 6(1) Article 11
Article 6(2) Article 12(1)
Article 6(3) Article 12(2)
Article 7 Article 13
Article 8 —
Article 9 Article 14
Article 10(1) Article 3(2)
Article 10(2) Article 3(2)
Article 10(3) Article 3(4)
Article 10(4) Article 3(2)
Article 10(5) Article 3(2)
Article 11(1) Article 7(1)
Article 11(2) Article 7(2)
Article 12(1) Article 11
Article 12(2) Article 8
Article 13 Article 13
Article 14 Article 6
Article 15 Article 14
Article 16(1) Article 3(3)
Article 16(2) Article 3(3)
Article 16(3) Article 3(4)
Article 17(1) Article 15(1)
Article 17(2) Article 15(2)
Article 17(3) —
Article 18(1) Article 19
Article 18(2) Article 16
Article 18(3) Article 17
Article 19(1) Article 20
Article 19(2) Article 21(1)
Article 19(3) Article 21(2)
Article 20 Article 22