3. FISHERIES

1. 31994 R 1626: 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), as amended by:

- 31996 R 1075: Council Regulation (EC) No 1075/96 of 10. 6. 1996 (OJ L 142, 15.6.1996, p. 1),

- 31998 R 0782: Council Regulation (EC) No 782/98 of 7. 4. 1998 (OJ L 113, 15.4.1998, p. 6),

- 31999 R 1448: Council Regulation (EC) No 1448/1999 of 24. 6. 1999 (OJ L 167, 2.7.1999, p. 7),

- 32000 R 0812: Council Regulation (EC) No 812/2000 of 17. 4. 2000 (OJ L 100, 20.4.2000, p. 3),

- 32000 R 2550: Council Regulation (EC) No 2550/2000 of 17. 11. 2000 (OJ L 292, 21.11.2000, p. 7),

- 32001 R 0973: Council Regulation (EC) No 973/2001 of 14. 5. 2001 (OJ L 137, 19.5.2001, p. 1).

The Council shall amend Regulation (EC) No 1626/94 before the date of accession of Malta with a view to adopting the necessary conservation measures relating to Malta according to the following guidelines:

- fishing in the 25-mile management zone should be limited to small scale coastal fishing, meaning fishing vessels of an overall length of less than 12 metres and not using gears towed with the power of the engine, with the exceptions set out below. The total effort exerted by vessels under 12 metres shall not exceed the level of recent years;

- however, trawlers not exceeding an overall length of 24 metres shall be authorised to fish in the 25-mile management zone within certain trawlable areas. The overall fishing capacity of trawlers, measured in engine power (kW), shall not exceed that observed in the years 2000-2001 in the area of the 25-mile management zone, and the engine power of each individual trawler fishing in waters of less than 200 metres depth shall not exceed 185 kW (250 HP). These limits may be revised in the light of new qualified scientific evidence as recommended by relevant scientific bodies.

- the number of vessels that can participate in the lampuki (Coryphaena hippurus - dolphin-fish) fishery shall be limited to a maximum of 130. The allocation and laying down of FADs (fish aggregating device) in the fishing season, which usually extends from August to December, shall be open for all Community fishermen on a non-discriminatory basis, but only starting from outside 12 miles for non-Maltese fishermen;

- all vessels exceeding an overall length of 12 metres which are authorised to fish in the 25-mile management zone and which comprise bottom trawlers, vessels fishing with "lampara" purse seines, vessels fishing for lampuki with FADs and vessels fishing with large pelagic purse seines and industrial longlines for tuna and other highly migratory species will be included on a list. Any possible increase in fishing effort has to ensure the sustainable conservation of the zone.

The detailed rules for establishing the above-mentioned list, for a fishing effort monitoring system and if necessary for the lampuki fishery in the 25-mile management zone shall be adopted in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92 [1] establishing a Community system for fisheries and aquaculture. Effective monitoring methods shall be decided upon in accordance with the acquis.

The conditions of this fishing effort management scheme shall be re-evaluated, on the basis of new qualified scientific evidence as recommended by relevant scientific bodies, upon accession of Malta, in order to evaluate their effects on conservation of stocks.

Upon accession of Malta, the problem of possible conflicts among different fishing gear, and possible measures to reduce them, shall be addressed at Community level.

In conformity with Regulation (EC) No 1239/98 [2] amending Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources, it is prohibited to use drift nets in the 25-mile management zone.

These conservation measures will be non-discriminatory and will be applied in the entire 25-mile management zone.

The above solution is without prejudice to the evolution of secondary law in this field.

2. 31998 R 0088: Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (OJ L 9, 15.1.1998, p. 1), as amended by:

- 31998 R 1520: Council Regulation (EC) No 1520/98 of 13. 7. 1998 (OJ L 201, 17.7.1998, p. 1).

The Council shall amend Regulation (EC) No 88/98 before the date of accession with a view to adopting the necessary conservation measures according to the following guidelines:

- the engine power of the vessels authorised to fish in the Gulf of Riga must not exceed 221 kW;

- the vessels authorised to fish in the Gulf of Riga will be included on a list; the list shall be established in order to ensure that the overall fishing capacity, measured in engine power (kW), shall not exceed that observed in the years 2000-2001 in the Gulf of Riga.

The detailed rules for establishing the list and a fishing effort monitoring system for the Gulf of Riga will be adopted in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92 [3] establishing a Community system for fisheries and aquaculture.

These technical measures for conservation will be non-discriminatory and will be applied in the entire Gulf of Riga.

The above solution is without prejudice to the evolution of secondary law in this field.

[1] OJ L 389, 31.12.1992, p. 1.

[2] OJ L 171, 17.6.1998, p. 1.

[3] OJ L 389, 31.12.1992, p. 1.

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