# EUR-Lex - 52014PC0457 - EN

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# 52014PC0457

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending 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 /* COM/2014/0457 final - 2014/0213 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The proposal aims at transposing in Union law
a number of measures adopted by the General Fisheries Commission for the
Mediterranean (GFCM) at its annual sessions of 2011, 2012 and 2013. The GFCM is
a Regional Fisheries Management Organisation established under Article XIV of
the FAO Constitution; its main objectives are to promote the development,
conservation, rational management and best utilization of living marine
resources and the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. The GFCM has the authority to adopt compulsory decisions
(“recommendations”) in its area of competence; these acts are essentially
addressed to the Contracting Parties but may also contain obligations for
operators (e.g. the vessel master). The recommendations become binding within
120 days after the date of first notification, provided that no objections are
lodged.

The EU and ten Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are Contracting Parties to the GFCM Agreement. To the extent to which the content
of the GFCM recommendations is not covered or is only partially covered by
existing Union Law, the transposition of the relevant GFCM provisions is
necessary to ensure that the latter will receive uniform and effective
application throughout the European Union.

The last transposition of GFCM decisions was
done by means of Regulation (EU) No 1343/2011[1].
The current proposal will insert into that legislative act the measures to be
transposed by way of amendments to it.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

There was no need for consultation of
interested parties or for impact assessment.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Summary of the proposed action

The proposal contains technical measures
for the sustainable exploitation of red coral, the mitigation of incidental
captures of seabirds, sea turtles and cetaceans and the conservation of monk
seals, sharks and rays in the GFCM Agreement area[2]. Such measures go
beyond the protection already ensured to these species at EU level by the
Habitats Directive and other Union acts[3]
and include specific recording and reporting obligations for both operators and
Member States. The proposal also implements in Union law certain measures for
fisheries for small pelagic stocks in the Adriatic Sea[4].

Legal basis

Article 43(2) of the Treaty on the
Functioning of the European Union.

Subsidiarity principle

The proposal falls under exclusive
competence of the European Union.

Proportionality principle

The proposed text will ensure the
transposition of the relevant GFCM measures in Union law without exceeding what
is necessary to achieve the objective pursued.

Choice of instrument

Proposed instrument: Regulation of the
European Parliament and of the Council amending an existing Regulation.

Other means would not be adequate for the
following reason: a Regulation must be amended by a Regulation.

4.           BUDGETARY IMPLICATION

This measure does not involve any
additional Union expenditure.

2014/0213 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending 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

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[5],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       The
Agreement for the establishment of the General Fisheries Commission for the
Mediterranean (“the GFCM Agreement”) provides an
appropriate framework for multilateral cooperation to promote the development,
conservation, rational management and best utilisation of living marine
resources in the Mediterranean and the Black Sea at levels which are considered
sustainable and at low risk of collapse.

(2)       The European Union, as
well as Bulgaria, Greece, Spain, France, Croatia, Italy, Cyprus, Malta, Romania and Slovenia are contracting parties to the GFCM Agreement.

(3)       Regulation
(EU) No 1343/2011 of the European Parliament and of the
Council [6] lays down certain provisions for fishing in the General Fisheries
Commission for the Mediterranean ("GFCM") Agreement area. It is the
appropriate legislative act for the implementation of
the GFCM recommendations whose content is not yet covered by Union law. Indeed,
Regulation (EU) No 1343/2011 can be amended to include the measures contained in the relevant GFCM recommendations.

(4)       At its Annual Sessions in
2011 and 2012, the GFCM adopted measures for the sustainable exploitation of
red coral in its area of competence to be implemented in Union law. One of those measures concerns the use of Remotely Operated
under-water Vehicles (ROVs). The GFCM decided that ROVs in zones under national
jurisdiction exclusively for observation and prospection of red coral on the
basis of recommendation GFCM/35/2011/2, are no longer to be allowed after 2014.
According to another measure laid down in recommendation GFCM/36/2012/1, red
coral catches are to be landed only in a limited number of ports with adequate
port facilities and the lists of designated ports are to be communicated to the
GFCM Secretariat. Any changes affecting the lists of ports designated by Member
States should be communicated to the European Commission for further
transmission to the GFCM Secretariat.

(5)       At its Annual Sessions in
2011 and 2012, the GFCM adopted recommendations GFCM/35/2011/3, GFCM/35/2011/4,
GFCM/35/2011/5, GFCM/36/2012/2 laying down measures for the mitigation of
incidental catches of seabirds, sea turtles, monk seals and cetaceans in
fishing activities in the GFCM Agreement area to be implemented in Union law.
Those measures include the prohibition to use, from 1 January 2015, bottom-set
gillnets with monofilament or twines greater than 0.5mm, with a view to
mitigate incidental catches of cetaceans. Such prohibition is already contained
in Council Regulation (EC) No 1967/2006 which, however, covers only the Mediterranean Sea. Therefore it should be included in this Regulation in order to apply also
to the Black Sea.

(6)       At its Annual Session in
2012, the GFCM also adopted recommendation GFCM/36/2012/3 laying down measures aiming
to ensure in its area of competence a high level of protection from fishing
activities to sharks and rays, and in particular to the shark and ray species
listed as endangered or threatened under Annex II of the Protocol concerning
Specially Protected Areas and Biological Diversity in the Mediterranean[7] to the Barcelona Convention[8].  According to a GFCM
measure, fishing activities carried out with trawl nets are to be prohibited
within 3 nautical miles off the coast, provided that the 50 meters isobaths is
not reached, or within the 50 meters isobaths where the depth of 50 meters is
reached at a shorter distance from the coast. Such
prohibition is already contained in Council Regulation (EC) No 1967/2006 which,
however, covers only the Mediterranean Sea. Therefore it should be included in this
Regulation in order to apply also to the Black Sea. Certain
other measures aimed at proper identification of sharks included in that recommendation,
which are not covered by Regulation (EC) No 1185/2003[9] or other Union legislation,
need to be included in this Regulation in order to be fully implemented in Union
law.

(7)       At its Annual Session in
2013 and 2014, the GFCM adopted recommendations GFCM/37/2013/1 and
GFCM/38/2014/1 laying down measures for fisheries exploiting small pelagic
stocks in the Adriatic Sea which should be implemented in Union law. These
measures concern the management of fishing capacity for
small pelagic stocks in GFCM Geographical Sub-Areas 17 and 18, on the basis of
the reference fishing capacity established by the means of the list of vessels
that had to be communicated to the GFCM Secretariat by 30 November 2013, in
accordance with paragraph 22 of recommendation GFCM/37/2013/1. That list includes all vessels
equipped with trawl nets, purse seines or other types of surrounding
nets without purse line, authorised by the concerned Member States to fish for
small pelagic stocks and registered in harbours located in Geographical Sub-Areas 17 and 18, or operating in Geographical
Sub-Area 17 and/or in Geographical Sub-Area 18 although registered in harbours
located in other Geographical Sub-Areas at the date of 31 October 2013. Any changes which may affect
the above-mentioned list should be
communicated to the European Commission as soon as they occur for further transmission to the GFCM Secretariat. The GFCM
measure also includes a prohibition to retain on board
or land which should be implemented in EU law in line with Article 15(2) of
Regulation (EU) No 1380/2013[10].

(8)       In order to ensure uniform
conditions for the implementation of certain provisions of this Regulation, implementing
powers should be conferred on the Commission. These provisions concern: the
format and transmission of the request for a derogation
from a minimum depth for harvesting of red coral or from the minimum basal
diameter of colonies of red coral; the format and transmission of the results
of scientific evaluations of the zones subject to a derogation from a minimum
depth for harvesting of red coral; the format and transmission of data on
harvesting of red coral; information related to incidental catches of sea
birds, sea turtles, monk seals, cetaceans and sharks and rays, changes of lists
of ports designated for landing catches of red coral, impacts of certain
fishing vessels on cetacean populations and changes occurred to maps and lists
of geographical locations which identify the location of caves of monk seals.  These
powers should be exercised in accordance with Regulation (EU) No 182/2011 of
the European Parliament and of the Council[11].

(9)       In
order to ensure that the Union continues to fulfil its obligations under the
GFCM Agreement, the power to adopt acts in accordance with Article 290 of the
Treaty should be delegated to the Commission concerning authorisations to
derogate from the prohibition to harvest red coral at
depths less than 50 m and to depart from the minimum basal diameter of red
coral colonies. It is of particular importance that the Commission carry out
appropriate consultations during its preparatory work, including at expert
level. The Commission, when preparing and drawing up delegated acts, should
ensure a simultaneous, timely and appropriate transmission of relevant
documents to the European Parliament and to the Council.

(10)     Regulation
(EU) No 1343/2011 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) No 1343/2011

Regulation (EU) No 1343/2011 is
amended as follows:

(1) 
the following Article 15a is inserted:

"Article
15a

"Use
of trawl nets and gill-nets fisheries in the Black Sea

1.           The use of
trawl nets shall be prohibited within 3 nautical miles off the coast, provided
that the 50 meters isobath is not reached, or within the 50 meters isobath
where the depth of 50 meters is reached at a shorter distance from the coast.

2.           From 1 January 2015, monofilament or twines diameter of bottom-set
gillnets shall not exceed 0,5mm."

(2) 
in Title II, the following Chapters IV, V and VI are
added:

"Chapter IV

Conservation and sustainable
exploitation of red coral

Article 16a

Scope

The provisions of this Chapter shall
apply without prejudice to Article 4(2) and Article
8(1), (e) and (g) of Regulation (EC)
No 1967/2006 or any stricter measures stemming from
Directive 92/43/EEC*.

Article 16b

Minimum depth for harvesting

1.           The harvesting of red
coral shall be prohibited at depth less than 50 m.

2.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 27 to grant derogations
from paragraph 1. Those delegated acts shall include rules ensuring scientific
evaluation of the zones subject to derogations.

3.           Derogations as referred to
in paragraph 2 may only be granted if the following conditions are complied
with:

(a)     an appropriate national management
framework is in place, including a fishing authorisation scheme in accordance with
Article 7 of Regulation (EC) No 1224/2009**;

(b)     recent studies on abundance and spatial
distribution of red coral colonies have been carried out at national level;

(c)     adequate spatio-temporal closures ensure that only a limited number of red coral colonies
are exploited; and

(d)     the relevant Member State carries out a scientific evaluation of the zones subject to derogation.

4.           Member States which intend
to request a derogation as referred to in paragraph 2 shall submit to the
Commission:

(a)      the
scientific and technical justifications;

(b)     the list of fishing vessels authorised to carry out the
harvesting of red coral at depth less than 50 m and

(c)      the list of fishing zones where that activity is authorised,
as identified by geographic coordinates both on land and at sea.

5.           The
Commission may adopt implementing acts as regards the format and transmission
of the request for derogation referred to in paragraph 4 and of the results of
the scientific evaluation referred to in paragraph 2. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in
Article 25(2).

6.           The Commission shall inform
the Executive Secretary of the GFCM of the decisions taken pursuant to
paragraph 2 and of the results of the scientific evaluation referred to in that
paragraph.

Article 16c

Minimum basal diameter of colonies

1.           Red coral from colonies of
red coral whose basal diameter is smaller than 7 mm at the trunk, measured
within one centimetre from the base of the colony, shall not be harvested,
retained on board, transhipped, landed, transferred, stored, sold or displayed
or offered for sale as raw product.

2.           The Commission shall be empowered to adopt delegated acts in
accordance with Article 27 to authorise, by way of derogation from
paragraph 1, a maximum tolerance limit of 10 % in live weight of undersized
(<7 mm) colonies of red coral.

3.           Derogations as referred to
in paragraph 2 may only be granted if the following conditions are complied
with:

(a)     a national management framework is in
place including a fishing authorisation scheme in
accordance with Article 7 of Regulation (EC) No 1224/2009;

(b)     specific monitoring and control
programmes stating objectives, priorities and benchmarks for inspection
activities are in place.

4.           Member States requesting a
derogation under paragraph 2 shall submit to the Commission the scientific and
technical justifications for that derogation.

5.           The Commission may adopt
implementing acts on the format and transmission of the scientific and technical justifications referred to in paragraph 4. Those implementing
acts shall be adopted in accordance with the examination procedure referred to
in Article 25(2).

6.           The Commission shall inform the Executive
Secretary of the GFCM of the decisions taken pursuant to paragraph 2.

Article 16d

Gear and devices

1.           For
the harvesting of red coral, the only permitted gear shall be a hammer used manually
by professional fishermen.

2.           The use of Remotely Operated under-water Vehicles for
the exploitation of red coral shall be prohibited. That prohibition shall cover,
as from 1 January 2015, the use of Remotely
Operated under-water Vehicles which may have been authorized
by Member States in zones under national jurisdiction exclusively for
observation and prospection of red coral on the basis
of paragraphs 3(a) or 3(b) of recommendation GFCM/35/2011/2.

Chapter V

Reduction of the impact of fishing
activities on certain marine species

Article 16e

Scope

The provisions of this Chapter shall apply
without prejudice to any stricter measures stemming from Directive 92/43/EEC or
Directive 2009/147/EC*** and to Council Regulation (EC) No 1185/2003****.

Article 16f

Incidental
catches of seabirds in fishing gears

Masters of fishing vessels shall promptly release seabirds
incidentally caught in fishing gears.

Article 16g

Incidental capture of sea turtles
in fisheries

1.           Masters of fishing vessels shall
promptly release unharmed and alive sea turtles
incidentally taken in fishing gears back to the sea.

2.           Masters of fishing vessels
shall not bring ashore sea turtles, unless as part of a specific rescue
programme and provided that the competent national authorities concerned have
been duly and officially informed prior to returning to
port.

3.           Vessels using purse seines
for small pelagic species or surrounding nets without purse line for pelagic
species shall not encircle sea turtles.

4.           Vessels using long-lines
and bottom-set gillnets shall carry on board safe handling, disentanglement and
release equipment to ensure that sea turtles are handled and released in a
manner that maximizes the probability of their survival.

Article 16h

Incidental capture of monk seals (Monachus monachus)

1.           Masters of fishing vessels
shall not take on board, tranship and land monk seals, unless this is required
to rescue and to secure assistance for the recovery of harmed individual
animals and provided that the competent national authorities concerned have
been duly and officially informed  prior to returning to port.

2.           Masters of fishing vessels having accidentally taken
specimens of monk seals in their fishing gears shall promptly release them unharmed
and alive. The carcass of dead specimens shall be landed and shall be seized
and destroyed by the national authorities.

Article 16i

Incidental capture of cetaceans

Masters of fishing vessels shall promptly return to the sea cetaceans
incidentally caught in fishing gears.

Article 16j

Protected sharks and rays

1.           Sharks
and rays species which are included in Annex II to the Protocol
concerning Specially Protected Areas and Biological Diversity in the
Mediterranean***** shall not be retained on board, transhipped, landed, transferred, stored, sold or displayed
or offered for sale.

2.           Fishing
vessels that have incidentally caught sharks and rays species included in Annex
II to the Protocol concerning Specially Protected Areas
and Biological Diversity in the Mediterranean shall
promptly release them unharmed and alive.

Article 16k

Identification of sharks

Beheading
and skinning of sharks on board and before landing shall be prohibited.
Beheaded and skinned sharks may not be marketed at the first sale markets after
landing.

Chapter VI

Measures for fisheries for small pelagic
stocks in the Adriatic Sea

Article 16l

Management of fishing capacity

1.           For the
purpose of this Article, the reference fishing capacity for small pelagic
stocks is that established on the basis of the lists of vessels of the
concerned Member States communicated to the GFCM Secretariat in accordance with
paragraph 22 of recommendation GFCM/37/2013/1. Those lists include all vessels
equipped with trawl nets, purse seines or other types of surrounding nets without
purse line authorised to fish for small pelagic stocks and registered in harbours
located in Geographical Sub-Area 17 and 18, as referred to in Annex I, or
operating in Geographical Sub-Area 17 and/or in Geographical Sub-Area 18
although registered in harbours located in other Geographical Sub-Area at the
date of 31 October 2013.

2.           Vessels
equipped with trawl nets and purse seines, irrespective
of the vessel’s length overall, are classified as fishing
actively for small pelagic stocks when sardine and/anchovy account for at least
50% of the catch in live weight in any given fishing trip.

3.           Member
States shall ensure that the overall
fleet capacity of vessels equipped with trawl nets or purse seines actively
fishing for small pelagic stocks in Geographical Sub-Area 17, both in terms of
gross tonnage (GT) and/or gross registered tonnage (GRT) and in terms of engine
power (kW), as recorded in the national and EU fleet registers, does not exceed at any time the reference fishing capacity for small
pelagic stocks referred to in paragraph 1.

4.           Member
States shall ensure that vessels
equipped with trawl nets and purse seines for small
pelagic stocks as identified in paragraph 2 do not operate for more than 20 fishing
days per month and do not exceed 180 fishing days per year.

5.           Any
vessel not included in the list of authorised vessels referred to in paragraph 1 shall not be allowed to
fish for, or, by way of derogation from Article 15(1) of Regulation (EU) No
1380/2013, retain on board or land any quantity greater than 20% of anchovy
and/or sardine if the vessel is engaged on a fishing trip in Geographical Sub-Area
17 and/or in Geographical Sub-Area 18.

6.           Member
States shall communicate to the Commission any addition to, any deletion from and/or
any modification of the list of authorised vessels referred to in paragraph 1
as soon as they occur. These changes are without prejudice to the reference
fishing capacity referred to in paragraph 1. The Commission shall forward that information
to the Executive Secretary of the GFCM.

- Council Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

** 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, amending Regulations (EC) No 847/96, (EC) No
2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No
2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No
1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC)
No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

*** Directive 2009/147/EC of the European
Parliament and of the Council of 30 November 2009 on the conservation of wild
birds (OJ L 147, 01.07.2013, p. 1).

**** Council Regulation (EC) No 1185/2003 of 26 June 2003 on the
removal of fins of sharks on board vessels (OJ L 167, 4.7.2003, p. 1).

***** Council Decision 99/800/EC of 22 October 1999 on concluding
the Protocol concerning specially protected areas and biological diversity in
the Mediterranean, and on accepting the annexes to that Protocol (Barcelona
Convention) (OJ L 322, 14.12.1999, p. 1)."

(3) 
In Title III, the following Chapter Ia is inserted:

"CHAPTER Ia

Recording obligations

Article 17a

Harvesting of red coral

Masters of fishing vessels authorised to
harvest red coral shall have on board a logbook in which are reported the daily
catches of red coral and fishing activity by area and depths, including the number
of fishing days and diving. That information shall be communicated to the
competent national authorities without delay.

Article 17b

Incidental capture of certain
marine species

1.           Masters of fishing vessels
shall record in the fishing logbook referred to in Article 14 of Regulation
(EC) No 1224/2009 the following information:

(a) any event of incidental catch and release
of seabirds;

(b) any event of incidental catch and release
of sea turtles, indicating at least the fishing gear type, times, soak duration, depths and locations, target species, sea turtles
species and if the individuals have been discarded dead or released alive;

(c)  any event of incidental catch and release
of monk seals;

(d) any event of incidental catch and release
of cetaceans, indicating at least the fisheries concerned, characteristics of gear type, times, locations
(either by Geographical Sub-Areas or statistical rectangles, as defined in
Annex I) and affected cetaceans species;

(e) any event of incidental catch and release
of sharks and rays species listed in Annex II or in Annex III  to the Protocol concerning Specially Protected
Areas and Biological Diversity in the Mediterranean.

2.           By 31 December 2014 at the
latest, Member States shall establish the rules recording incidental catches referred
to in paragraph 1 by the masters of fishing vessels which are not subject to
the keeping of a fishing logbook pursuant to Article 14 of Regulation (EC) No
1224/2009."

(4) 
 the following Articles 23a
and 23b  are inserted:

"Article 23a

Reporting of relevant data to the
Commission

1.         By 15 November of each year, Member States shall submit
to the Commission:

(a) the data on red coral referred to in Article 17a;

(b) in the form of an
electronic report, the rates of incidental catches and release of
seabirds, sea turtles, monk seals, cetaceans and sharks and rays, as well as
any relevant information reported in accordance with Article 17b (1)(a), (b), (c),
(d) and (e) respectively.

2.         The Commission shall transmit the
information referred to in paragraph 1 to the Executive Secretary of the GFCM  by
15 December of each year.

3.         Member States shall communicate to the Commission any
changes to the list of ports designated for landing catches of red coral in accordance
with paragraph 5 of recommendation GFCM/36/2012/1.

4.         Member States shall collect reliable information on the impacts
of vessels targeting picked dogfish with bottom-set gillnets on cetacean
populations in the Black Sea and shall submit it to the Commission.

5.         Member States
shall inform the Commission of any changes occurred to the
maps and lists of geographical positions which identify
the location of caves of monk seals and are referred to in paragraph 6 of
recommendation GFCM/35/2011/5.

6.         The Commission shall promptly
transmit the information referred to in paragraphs 3, 4 and 5 to the Executive
Secretary of the GFCM.

7.         The Commission may adopt implementing acts as regards the
format and transmission of the information referred to
in paragraphs 1, 3, 4 and 5. Those implementing acts shall
be adopted in accordance with the examination procedure referred to in Article
25(2).

Article 23b

Control, monitoring and
surveillance of fisheries for small pelagic stocks in the Adriatic Sea

1.         Before the end of September of each year, Member States
shall communicate to the Commission their plans and programmes to ensure compliance
with the provisions of Article 16l through adequate monitoring and reporting, in particular of the monthly
catches and fishing effort deployed.

2.         The Commission shall submit the information under
paragraph 1 to the Executive Secretary of the GFCM no later than 30 October of each year."

(5) 
In the first sentence of Article
27(2) "19 January 2012" is replaced by "[DATE OF ENTRY INTO
FORCE OF THIS REGULATION TO BE INSERTED]".

Article 2

Entry into force

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

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

Done at Brussels,

For the European Parliament                        For
the Council

The President                                                 The
President

[1]               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 amending Council Regulation (EC) No 1967/2006
concerning management measures for the sustainable exploitation of fishery
resources in the Mediterranean Sea (OJ L 347, 30.12.2011, p. 44).

[2]               Recommendations GFCM/35/2011/2 and GFCM/36/2012/1;
GFCM/35/2011/3; GFCM/35/2011/4; GFCM/36/2012/2 and GFCM/37/2013/2;
GFCM/35/2011/5; GFCM/36/2012/3.

[3]               Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild
fauna and flora, as last amended by Council Directive
2006/105/EC; Regulation (EC) No 1185/2003 on the removal
of fins of sharks on board vessels, as amended by Regulation (EU) No 605/2013; Regulation (EC) No 812/2004 laying down measures concerning incidental
catches of cetaceans in fisheries and amending Regulation (EC) No 88/98; Communication from the Commission to the European Parliament and the
Council on a European Community Action Plan for the Conservation and Management
of Sharks (COM(2009) 40 final); Communication from the Commission to the European Parliament and the
Council on an Action Plan for reducing incidental catches of seabirds in
fishing gears (COM(2012) 665 final).

[4]               Recommendations GFCM/37/2013/1 and GFCM/38/2014/1; the
latter is expected to entry into force soon.

[5]               OJ C , , p. .

[6]               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 amending Council Regulation (EC) No 1967/2006 concerning
management measures for the sustainable exploitation of fishery resources in
the Mediterranean Sea (OJ L 347, 30.12.2011, p. 44).

[7]               Council Decision of 22
October 1999 on concluding the Protocol concerning specially protected areas
and biological diversity in the Mediterranean, and on accepting the annexes to
that Protocol (Barcelona Convention) (OJ L 322, 14.12.1999, p. 1).

[8]               Council Decision of 25 July 1977 concluding the Convention
for the protection of the Mediterranean Sea against pollution and the Protocol
for the prevention of the pollution of the Mediterranean Sea by dumping from
ships and aircraft (OJ L 240, 19.09.1977, p. 1)

[9]               Council Regulation (EC) No 1185/2003 of 26 June 2003
on the removal of fins of sharks on board vessels (OJ L 167, 4.7.2003,
p. 1) as amended by Regulation (EU) No 605/2013 of the European Parliament and
of the Council of 12 June 2013 (OJ L 181, 29.6.2013, p. 1).

[10]             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).

[11]             Regulation
(EU) No 182/2011 of the European Parliament and of the Council of 16 February
2011 laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission's exercise of implementing powers
(OJ L 55, 28.2.2011, p. 13).