
Article 1 
This Regulation establishes detailed rules for the implementation of real-time closures of certain fisheries in the North Sea and Skagerrak in accordance with Articles 51, 52 and 53 of Regulation (EC) No 1224/2009.
Article 2 
This Regulation shall apply to cod, haddock, saithe and whiting caught in the North Sea and Skagerrak by any fishing gear other than:

((a)) pelagic trawls, purse seines, driftnets and jiggers targeting herring, mackerel, and horse mackerel;
((b)) pots;
((c)) scallop dredges;
((d)) gillnets.
Article 3 
For the purpose of this Regulation, the following definitions shall apply:

((a)) ICES (International Council for the Exploration of the Sea) zones means zones as defined in  Regulation (EC) No 218/2009;
((b)) ‘Skagerrak’ means the area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;
((c)) ‘North Sea’ means ICES zone IV;
((d)) ‘haul’ means the act between the deployment and retrieval of a net.
Article 4 

1. The catch level which shall trigger real-time closures of fisheries, as referred to in Article 51 of Regulation (EC) No 1224/2009, shall be 10 % by weight of juveniles as compared to the total of the four species referred to in Article 2, in a haul.
2. However, if the quantity of cod in the sample exceeds 75 % as compared to the total of the four species in a haul, the catch trigger level shall be 7,5 % by weight of juveniles as compared to the total of the four species in a haul.
Article 5 
For the purpose of this Regulation, ‘juveniles’ means:

— specimens of cod smaller than 35 cm,
— specimens of haddock smaller than 30 cm,
— specimens of saithe smaller than 35 cm,
— specimens of whiting smaller than 27 cm.
Article 6 

1. For the purpose of calculating the catch level of juveniles in accordance with Article 51(2) of Regulation (EC) No 1224/2009,  a fisheries administration must
                      identify areas where there is a risk of reaching the trigger level.
2. In the areas identified in accordance with paragraph 1, the fisheries administration must carry out inspections to measure whether the percentage of juveniles reaches the trigger level.
3. When carrying out the inspections referred to in paragraph 2,  a fisheries administration must:
(a) take and measure samples of cod, haddock, saithe and whiting from a haul in accordance with provisions in Annex I;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. The  fisheries administration  concerned shall publish without delay on its website the position at which the sample referred to in paragraph 3(a) was taken, the time it was taken and the quantity of juveniles as a percentage of the total catch of cod, haddock, saithe and whiting in weight. The percentage shall be published both by species and as a total of the four species.
Article 7 

1. When a sample referred to in Article 6(3)(a) shows a percentage of juveniles that reaches the trigger level, the  fisheries administration  concerned shall prohibit fishing in the area concerned with any fishing gear other than:
(a) pelagic trawls, purse seines, driftnets and jiggers targeting herring, mackerel, and horse mackerel;
(b) pots;
(c) scallop dredges; and
(d) gillnets
....
2. The area to be closed in accordance with paragraph 1 shall be defined on the basis of the following criteria:
(a) the area shall have 4, 5 or 6 joining points;
(b) the midpoint of the fishing operation or operations with samples above the trigger level shall equal the midpoint of the closed area;
(c) when the closed area is based on one sample and lies outside the waters up to 12 miles from  baselines, it shall be 50 square miles.
3. The real-time closure referred to in paragraph 1 shall:
(a) enter into force 12 hours following the decision by the concerned  fisheries administration; and
(b) apply for 21 days after which it shall automatically cease to apply at midnight UTC.
4. If the area to be closed includes zones under the jurisdiction or sovereignty of neighbouring third countries, the  fisheries administration  concerned shall without delay inform those third countries.
Article 8 

1. The fisheries administration concerned must  without delay make the details of the real-time closure decided in accordance with Article 7 available on its website and inform of the real-time closure:
(a) the vessels in the vicinity of the area to the extent possible;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the Fisheries Monitoring Centres (‘FMCs’), as referred to in Article 3 of Commission Regulation (EC) No 2244/2003; and
(d) the ... third countries whose fishing vessels are authorised to operate in the area concerned.
2. A fisheries administration must  take the necessary measures to ensure that  its FMC informs United Kingdom fishing vessels  that are affected by the real-time closure.
3. The fisheries administration concerned must publish on a website accessible to the public the detailed sampling reports and justifications underlying the real-time closure decided in accordance with Article 7.
Article 9 
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...
ANNEX I
Samples shall be taken and measured in accordance with following provisions.

1. Whenever possible, samples shall be taken and measured in close cooperation with the master of fishing vessel and his crew. The master of fishing vessel and his crew shall be encouraged to participate in the process. They shall also be encouraged to share any information that could be relevant with respect to the delimitation of a closed area.

2. The total catch in the haul shall be estimated.

3. 

((a)) The minimum size of the sample shall be 200 kg of any combination of cod, haddock, saithe or whiting.
((b)) The sample must be taken in such a way that it reflects the catch composition with respect to the four species.
((c)) When appropriate due to the size of the catch the sample shall be taken in the beginning, the middle and the end of the catch.

4. The quantity of juveniles shall be calculated as a percentage by species and as a total of all four species.

5. The sampling report shall be duly completed immediately after the sample has been measured. The report shall then be sent to the coastal State.

ANNEX II
