1994R1626 — EN — 21.04.2000 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 1626/94
of 27 June 1994
laying down certain technical measures for the conservation of fishery resources in the
Mediterranean
(OJ L 171, 6.7.1994, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1075/96 of 10 June 1996 L 142 1 15.6.1996
►M2Council Regulation (EC) No 782/98 of 7 April 1998 L 113 6 15.4.1998
►M3Council Regulation (EC) No 1448/1999 of 24 June 1999 L 167 7 2.7.1999
►M4Council Regulation (EC) No 812/2000 of 17 April 2000 L 100 3 20.4.2000
▼B
COUNCIL REGULATION (EC)No 1626/94
of 27 June 1994
laying down certain technical measures for the conservation of
fishery resources in the Mediterranean
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 43 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas there has been no regulation at Community level of the
conservation and management of fishery resources in the Mediterraneanduring the first 10 years of the common fisheries policy because the
particular circumstances there lend themselves less easily to the
application of rules analogous to those applying in the Atlantic andNorth Seasince 1983;
Whereas, however, the time has now come to remedy the problems
currently affecting resources in the Mediterranean by introducing aharmonized management system suited to the circumstances there, whiletaking into account existing national regulations and making adjustmentto the latter, as required to protect stocks, in a balanced and, where
appropriate progressive manner;
Whereas the Community must also seek, in cooperation with all the
coastal States concerned, to establish a common policy for the
management and exploitation of Mediterranean fish stocks; whereas,furthermore, the management system introduced by this Regulationcovers operations relating to the fishing of Mediterranean stocks carriedout by vessels flying the flag of a third country in Community ports;
Whereas gear which, when used in the Mediterranean, contributes
excessively to the degradation of the marine environment or to therunning-down of certain stocks should be prohibited; whereas part of the
coastal zone should be reserved for the most selective gear used by
small-scale fishermen, whereas, notwithstanding the geographical scopeof Council Regulation (EEC) No 3094/86 of 7 October 1986 layingdown certain technical measures for the conservation of fisheryresources(
4), the provisions of that Regulation concerning drifting gill
nets and purse seines are already applicable in the Mediterranean;
Whereas it is appropriate to define the characteristics of the main types
of fishing gear used in the Mediterranean, in particular minimum mesh
sizes, as well as minimum sizes for certain species of fish, crustaceans,
molluscs and other fishery products specific to the Mediterranean inorder to prevent their over-exploitation;
Whereas, likewise, in order to avoid situations in which large numbers
of undersized individuals are caught, it is necessary to protect certainzones where juveniles congregate, taking account of the local biologicalconditions in these various zones; whereas it is furthermore appropriatethat, when regulating fisheries in the Mediterranean, both Community
and national legislation should take into account the special needs of
particular species and environments recognized to be fragile orendangered;1994R1626 — EN — 21.04.2000 — 003.001 — 2
(1) OJ No C 5, 9. 1. 1993, p. 6 and
OJ No C 306, 12. 11. 1993, p. 10.
(2) OJ No C 255, 20. 9. 1993, p. 237.
(3) OJ No C 201, 26. 7. 1993, p. 27.
(4) OJ No L 288, 11. 10. 1986, p. 1. Regulation as last amended by Regulation
(EEC) No 3919/92 (OJ No L 397, 31. 12. 1992, p. 1).
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Whereas, in order not to impede scientific research, this Regulation
should not apply to any operations required for the purposes of suchresearch;
Whereas national measures supplementary to, or going beyond the
minimum requirements of, the system established by this Regulation ormeasures regulating the relationships between those engaged in fishingactivities should remain possible; whereas such measures may bemaintained or introduced, subject to review by the Commission asregards their compatibility with Community law and their conformity
with the common fisheries policy;
Whereas, for a limited period and according to a procedure which
ensures a minimum negative effect on resources and on the activities ofCommunity fishermen, national measures authorized by the provisionsof this Regulation should be accepted;
Whereas Article 2 (2) of Council Regulation (EEC) No 3760/92 of 20
December 1992 establishing a Community system for fisheries and
aquaculture(
1), obliges Member States to ensure that non-commercial
fisheries activities do not jeopardize the conservation and managementof resources covered by the common fisheries policy; whereas thisobligation is of particular importance in the Mediterranean owning to theconsiderable extent of such activities in that sea and whereas it is
important to limit any negative affects thereof on the state of stocks;
Whereas the Community is a signatory to the United Nations
Convention on the Law of the Sea, which contains principles and rulesgoverning the conservation and management of marine biologicalresources,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall apply to all fisheries and related activities
pursued within the territory or the maritime waters of the Mediterranean
of the east of line 5º 36 ′west falling under the sovereignty or
jurisdiction of Member States with the exception of pools and lagoons. Itshall also apply to such activities pursued in the Mediterranean outsidethose waters by Community vessels.
2. Member States with a Mediterranean coastline may continue to
legislate in the areas covered by paragraph 1, including that of non-
commercial fisheries, by adopting measures supplementary to, or goingbeyond the minimum requirements of, the system established by thisRegulation, provided such measures are compatible with Communitylaw and in conformity with the common fisheries policy.
When adopting such measures, Member States shall pay attention of the
conservation of fragile or endangered species or environments, in
particular those listed in Annex I.
3. The Commission shall be informed, in time for it to present its
observations in accordance with the procedure laid down in Article 14 ofRegulation (EEC) No 3094/86, of any plans to introduce or amendnational conservation and resource management measures.
Article 2
1. The use for fishing purposes and the keeping on board of toxic,
soporific or corrosive substances, of electric shock generators and of
explosives shall be prohibited.
2. The use of St Andrew's crosses and similar towed gear for
harvesting coral and the use of pneumatic hammers or other percussiveinstruments for the collection of lithophagous molluscs shall beprohibited.1994R1626 — EN — 21.04.2000 — 003.001 — 3
(1) OJ No L 389, 31. 12. 1992, p. 1.
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3. The use of encircling and towed nets set from a boat and operated
from the shore (shore seines) shall be prohibited as from 1 January 2002unless the Council, acting by a qualified majority on a proposal from the
Commission, decides otherwise in the light of scientific data proving
that their use does not have a negative impact on resources.
Article 3
1. The use of trawls, seines or similar nets shall be prohibited within
three nautical miles of the coast or within the 50 m isobath where thatdepth is reached at a shorter distance, irrespective of the method oftowing or haulage, except where a derogation is provided for in national
legislation in respect of a three-mile coastal zone which extends beyond
the territorial waters of a Member State.
However, any fishing gear used at a distance from the coast of less than
that laid down in the first subparagraph and used in accordance with
national law in force on 1 January 1994 may be used until ►
M331
May 2000 ◄, unless the Council, acting by a qualified majority on a
proposal from the Commission, decides otherwise in the light ofscientific data proving that their use does not have a negative impact onresources.
2. By way of derogation from paragraph 1, the use of dredges for
catching shellfish shall be authorized irrespective of the distance fromthe coast and the depth, provided that the catch of species other than
shellfish does not exceed 10 % of the total weight of the whole catch.
3. Fishing with bottom trawls, seines or similar nets above the
Posidonian beds (Posidonia Oceanica) or other marine phanerogamsshall be prohibited.
4. It shall be prohibited to set any type of encircling net within 300 m
of the coast or within the 30 m isobath where that depth is reached at ashorter distance.
Article 3a
1. It shall be forbidden to take bluefin tuna with an encircling net:
— for vessels whose exclusive or predominant area of operation is the
Adriatic, from 1 to 31 May in the whole Mediterrean Sea and from16 July to 15 August in the Mediterranean Sea excluding theAdriatic,
— for vessels whose exclusive or predominant area of operation is the
Mediterranean, excluding the Adriatic, from 16 July to 15 August inthe whole Mediterranean Sea and from 1 to 31 May in the Adriatic.
Member States shall ensure that all vessels flying their flag or registered
in them comply with this paragraph.
For the purposes of this Regulation, the southern limit of the Adriatic
Sea shall be a line drawn between the Albanian-Greek border and Cape
Santa Maria di Leuca.
2. It shall be forbidden to use airplanes or helicopters in support of
fishing operations for bluefin tuna during the period 1 to 30 June.
Article 4
1. The Member States shall draw up a list of protected zones in which
fishing activities are restricted for biological reasons specific to thosezones.
2. The competent authorities of the Member States concerned shall
fix the list of fishing gear which may be used in protected zones, as wellas the appropriate technical rules, on the basis of the relevantconservation objectives and in accordance with this Regulation.1994R1626 — EN — 21.04.2000 — 003.001 — 4
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▼M4
▼M2
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3. The measures referred to in paragraphs 1 and 2 shall be notified to
the Commission, which shall communicate them to the other MemberStates.
Article 5
1. Member States shall fix restrictions involving the technical
characteristics of the main types of gear in accordance with theminimum requirements set out in Annex II.
2. The restrictions referred to in paragraph 1 shall be notified to the
Commission in accordance with Article 1 (3).
When exercising its powers in accordance with Article 14 of Regulation
(EEC) No 3094/86 the Council shall take account of the characteristicsof the fisheries activities peculiar to the waters in question.
Article 5a
1. It shall be prohibited to fish for bluefin tuna using surface-set
longlines from vessels greater than 24 m in length during the periodfrom 1 June to 31 July each year.
2. For the purposes of this Article, the applicable length shall be that
defined by ICCAT, given in Annex V.
Article 6
1. The using and keeping on board of trawl or similar towed gear, gill
net or encircling net shall be prohibited, unless the mesh size in that partof the net having the smallest meshes is equal to or greater than one ofthe minimum mesh sizes listed in Annex III.
Any fishing gear whose minimum mesh size is smaller than one of the
mesh sizes laid down in Annex III, used in accordance with the national
law in force on 1 January 1994 may however be used until ►
M331
May 2000 ◄, unless the Council acting by a qualified majority on a
proposal from the Commission decides otherwise, in the light ofscientific data proving that its use does not have a negative impact on
resources.
2. Mesh sizes shall be determined in accordance with the procedure
laid down in Commission Regulation (EEC) No 2108/84(
1).
3. The length of nets shall be defined by the length of the float line.
The drop of nets shall be defined as the sum of the height of the meshes
(including knots) when wet and stretched perpendicular to the float line.
Article 7
Member States may prohibit landings outside places specially prepared
or authorized for that purpose. Where Member States adopt suchmeasures, they must notify them immediately to the Commission, which
shall inform the other Member States.
Article 8
1. A fish, crustacean, mollusc or other fishery product shall be
deemed undersized if it is smaller than the minimum size specified inAnnex IV for the relevant species.
The size of fish, crustaceans and molluscs shall be measured in
accordance with Article 5 (2) of Regulation (EEC) No 3094/86 unlessotherwise specified in Annex IV. If more than one method of measuringsize is permitted, the fish, crustacean or mollusc shall be deemed of therequired size if at least one of the stipulated measurements is greaterthan the relevant minimum size.1994R1626 — EN — 21.04.2000 — 003.001 — 5
(1) OJ No L 194, 24. 7. 1984, p. 22.▼M1
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2. The minimum sizes for cora l, seaurchins, seasquirts a nd sponges
shall be adopted in accordance with the procedure laid down in Article43 of the Treaty.
3. Undersized fish, crustaceans, molluscs or other fishery products
shall not retained on board, transhipped, landed, transferred, stored, sold,displayed or offered for sale.
Article 9
This Regulation shall not apply to fishing operations conducted solely
for the purpose of scientific investigations which are carried out with thepermission and under the authority of the Member State or MemberStates concerned and of which the Commission has been informed.
Article 10
When excercising its powers under this Regulation, and particularly
when preparing proposals for measures in areas covered by agreements
concluded between fishermen, the Commission shall seek the opinion of
the organizations representing them.
Article 11
This Regulation shall enter into force on 1 January 1995.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1994R1626 — EN — 21.04.2000 — 003.001 — 6
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ANNEX I
FRAGILE OR ENDANGERED SPECIES OR ENVIRONMENTS
SPECIES:
All marine species of:
— mammals (cetaceans, pinnipeds),
— birds,
— reptiles (chelonids),— fish,
present in the Mediterranean and indicated in Annex I and II to the convention on
the conservation of migratory species of wild animals by Decision 82/461/EEC(
1)
or Annex II to the convention on the conservation of European wildlife and
natural habitats approved by Decision 82/72/EEC(2).
ENVIRONMENTS:
— coastal wetlands,
— beds of marine phanerogams.1994R1626 — EN — 21.04.2000 — 003.001 — 7
(1) OJ No L 210, 19. 7. 1982, p. 10.
(2) OJ No L 38, 10. 2. 1982, p. 1.
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ANNEX II
MINIMUM REQUIREMENTS RELATING TO THE CHARACTERIS-
TICS OF THE MAIN TYPES OF FISHING GEAR
Trawls (pelagic and demersal)
— The use of any device to cover the codend, on the inside or the outside, is
restricted to the devices authorized by Commission Regulation (EEC) No
3440/84(1).
Dredges
— The maximum breadth of dredges is 4 m, except in the case of dredges for
sponge fishing (gagava).
Encircling nets (seines and lampara nets)
— The length of netting is restricted to 800 m and the drop to 120 m, except in
the case of tuna seines.
Bottom-set nets (gillnets and entangling nets)and trammel nets
— The maximum drop of bottom-set nets is 4 m,
— It is prohibited to have on board and set more than 5 000 m of bottom-set nets
per vessel.
Bottom-set longline
— It is prohibited to have on board and set more than 7 000 m of longline per
vessel.
Surface-set longline (floating)
— It is prohibited to have on board and set more than 60 km of longline per
vessel.1994R1626 — EN — 21.04.2000 — 003.001 — 8
(1) OJ No L 318, 7. 12. 1984, p. 23.
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ANNEX III
MINIMUM MESH SIZES
Towed nets (bottom trawls, surface trawls (1), anchored
seines, etc.): 40 mm
Encircling nets: 14 mm
(1) For surface trawling of sardine and anchovy, the minimum mesh size is reduced to
20 mm where these species account for at least 70 % of the catch after sorting.1994R1626 — EN — 21.04.2000 — 003.001 — 9
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ANNEX IV
MINIMUM SIZES
Species Minimum size
FISH
Dicentrarchus labrax 23 cm
Diplodus spp. 15 cm
Engraulis encrasicolus (*) 9 cm
Epinephelus spp. 45 cm
Lophius spp. 30 cm
Merluccius merluccius 20 cm
Mugil spp. 16 cm
Mullus spp. 11 cm
Pagellus spp. 12 cm
Pagrus pagrus 18 cm
Polyprion americanus 45 cm
Scomber scombrus 18 cm
Soleavulga ris 20 cm
Sparus aurata 20 cm
Bluefin tuna( Thunnus thynnus ) 70 cm or 6,4 kg (**)
Trachurus spp. 12 cm
Xiphias gladius ►M2(***)◄ 120 cm
CRUSTACEANS
Homarus gammarus 85 mm carapace
240 mm total length
Nephrops norvegicus 20 mm carapace
70 mm total length
Palinuridae 240 mm total length
MOLLUSCS
Pecten spp. 100 mm
Venerupis spp. 25 mm
Venus spp. 25 mm
(*) Member States may convert the minimum size into numbers of individuals of this
species per kilogram.
►M4(**) However, the rules set out in Article 8(3), shall not apply to fish, up to 15 %
in number of individuals, weighing between 3,2 kg and 6,4 kg, and caughtaccidentally. ◄
►
M2(***)◄The length is measured along a straight line drawn from the tip of the lower
jaw to the posterior extremity of the shortest caudal ray.1994R1626 — EN — 21.04.2000 — 003.001 — 10
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▼M1
ANNEX V
ICCAT definition of length of vessels:
— For any fishing vessel built after 18 July 1982, 96 % of the total length on a
waterline at 85 % of the least moulded depth measured from the top of the
keel, or the length from the foreside of the stem to the axis of the rudder stock
on that waterline, if that be greater. In ships designed with a rake of keel, the
waterline on which this length is measured shall be parallel to the designed
waterline;
— For any fishing vessel built before 18 July 1982, registered length as entered
on the national registers or other record of vessels.1994R1626 — EN — 21.04.2000 — 003.001 — 11