.. i.a COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 533 final 
Brussels, 11 December 1992 
j * .- .^y Proposal for a 
milNPJL REGIII AT10N (EEC) 
harmonizing various technical neasures in 
Mediterranean fisheries 
(presented by the Commission) 
À3*g4jjijgïj 
JO.-
Explanatory Memorandum 
Background 
At its meeting of 20 November 1990 the Council acknowledged the need to 
establish a common system for the management and conservation of fishery 
resources which was specially suited to the Mediterranean. This statement 
was made in response to the Commission's Discussion Paper entitled "Outline 
of a Common Fisheries System in the Mediterranean"(*). In this context, 
the Council invited the Commission to examine the areas of research on 
species, the problems facing certain specialized fisheries and 
harmonization of the rules applied by the Member States with Mediterranean 
coastlines. 
The Commission's communication on the progress of this work(^) has been 
discussed at different levels within the Council, culminating with the 
Fisheries Council meeting on 9 June 1992. The latter found the 
communication to be a sound basis on which the Commission could continue 
its work and suggested in particular that it should commence the 
harmonization of the laws of the Mediterranean Member States so that fish 
stocks can be better managed and conserved in compliance with the 
principles and aims of the CFP. 
The attached proposal for a Council Regulation harmonizing various 
technical measures in Mediterranean fisheries deals with these concerns in 
so far as a common approach for the entire region has emerged from scrutiny 
of the national rules and the results of scientific and legal research. It 
should be emphasized that adoption of this text will not be the final step 
in introducing the common policy on conservation and management in the 
Mediterranean, but rather the first practical step in that direction: other 
measures will have to be added as we gain increased understanding of the 
complexities of this area and the need for Community intervention. 
Methodology 
On the basis of some 400 legal texts communicated by the four Mediterranean 
Member States, Commission staff carried out a comparative study on the 
provisions applied to Mediterranean fisheries with a view to distilling an 
essential body of rules to be implemented at Community level. 
To support this work and to enable the Council to draw up, on the basis of 
the available scientific advice, the conservation measures needed to attain 
the objectives laid down in Article 1 of Regulation (EEC) No 170/83(3)f as 
Article 2 of that Regulation requires it to do, Council Regulation (EEC) No 
3499/91(4) provides for the Community to contribute to the financing of 
studies and pilot projects in the field in question. These studies add to 
the body of knowledge already available concerning biological and 
socioeconomic aspects and in time will allow the Community's action in the 
region to be further refined. 
(1) SEC(90) 1136 final. 
(2) SEC(92) 183 final. 
(3) 0J No L 24, 27.1.1983, p. 1. 
(4) OJ No L 331, 3.12.1991, p. 1 
CS/fv (MED/REG/MES-TF,C/en3 ) 
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The contributions of both the national and regional authorities and the 
professional organizations in the Member States concerned have been equally 
important. This collaboration has enabled the Commission better to define 
the scope of the proposed action and to target more specifically those 
aspects of the fishing industry which can easily be harmonized. 
The text 
Analysis of the national laws of the four Mediterranean Member States 
concerning the conservation and management of fishery resources in the 
Mediterranean has identified various technical provisions which can be 
harmonized at Community level. 
They can be grouped into the following categories: 
1. Provisions prohibiting certain methods and gear, 
2. Provisions defining fishing zones, 
3. Provisions describing the technical characteristics of gear, 
4. Provisions fixing minimum mesh sizes, 
5. Provisions fixing minimum catching/harvesting sizes. 
1. The first category includes fishing methods which entail the 
destruction of a disproportionately large number of juveniles, such as 
the use of poisons, explosives and shore seines, which generally have 
small-meshed nets. 
2. It is felt to be appropriate to adopt at Community level the 
restrictions which are common to all four Member States in certain 
fishing zones, particularly in zones where trawling and dredging are 
permitted, because their parameters are determined by the 
biogeographical characteristics of the Mediterranean. The proposal 
indicates the minimum restrictions to be adopted at Community level 
for the types of fishing concerned, but does not exclude the adoption 
of further restrictions at a later date. 
The only reason which can justify the localized suspension of fishing, 
whether temporary (periodical or otherwise) or permanent, is the 
protection of zones with high concentrations of juveniles. The 
closure of reproduction zones during the spawning season is justified 
only on the basis of objective biological facts. 
3. Although all four Member States apply restrictive measures concerning 
the technical characteristics of fishing gear, it is proposed that 
these should be kept to a minimum in this Regulation. 
In view of the variety of types of trailing gear (bottom-set 
longlines, drifting longlines, baskets, gillnets, drift nets, etc.), 
it is unquestionably preferable to introduce a non-exhaustive rule 
which harmonizes the logic of minimum restrictions on technical 
characteristics (sizes, number of hooks, etc.) at European level and 
allows the Member States to adapt those restrictions to the 
characteristics of the activities of their nationals as required. 
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In the case of towed gear, particularly dredges, and types used for 
small-scale fisheries and coral fishing, the variety of gear used and 
types of fishing make it difficult to identify which restrictions on 
technical characteristics can usefully be harmonized at Community 
level. 
4. Above all else, it is important to ensure that methods of measuring 
mesh sizes are standardized (inner dimensions of stretched meshes). 
The minimum mesh size for codends should be no greater than that 
recommended by the General Council for Fisheries in the Mediterranean 
. (GCFM)-?- i.e. —40 mm- -Once the Community has become a member of this 
body, it should insist that this recommendation be made compulsory, 
and therefore binding throughout the Mediterranean. 
In view of the great variety of types found, it is preferable not to 
propose minimum mesh sizes for other towed gear (such as dredges for 
shellfish, bull trawls, etc.), but rather to emphasize minimum 
catching or harvesting sizes, particularly for shellfish. 
In the case of gillnets, whether drifting or set, it is proposed to 
adopt minimum mesh sizes which are consistent with those for codends, 
i.e. mesh sizes which allow the same percentages of fish of equivalent 
sizes to escape. 
Lastly, in the case of encircling nets, minimum mesh sizes have been 
chosen on the basis of the commercial sizes to be imposed for anchovy, 
which is the only small pelagic species covered which is sufficiently 
fished to justify technical protection measures. 
5. In the case of demersal species of considerable commercial interest, 
it is proposed to adopt minimum catching sizes which will produce a 
synergistic effect in conjunction with the provisions on minimum mesh 
sizes. In the interests of consistency and to facilitate 
implementation and control, these minimum sizes have been extended to 
cover all types of fishing. The same approach has been taken with 
crustaceans, restricted to the Norway lobster, and molluscs, 
restricted to the genera Venus and Venerupis. 
The anchovy is the only small pelagic species covered which is 
sufficiently fished to justify the introduction of a minimum catching 
size. Catches will therefore be limited to individuals which have 
reached maturity, as in the case of the Atlantic fisheries. The 
Regulation also seeks to align the minimum catching size for mackerel 
on that laid down for Atlantic fisheries. 
In view of the Community's application for membership of the ICCAT, it 
is recommended that the minimum sizes adopted for large pelagic 
species should be those stipulated by this international body which is 
responsible for managing tuna in the Mediterranean. Thus, the minimum 
weight adopted for the bluefin tuna is 6.4 kg, which is biologically 
justified for the Mediterranean. 
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The minimum size recommended for swordfish is 100 cm, which will 
increase the protection of juveniles (age categories 0 and 1). 
In the case of molluscs, the Regulation harmonizes the minimum sizes 
for scallops in the Mediterranean with those in the Atlantic. The 
minimum sizes proposed for bivalve molluscs of the genera Venerupis 
and Venus are based on requests from one Member State. 
Lastly, echinoderms, ascidia, corals and sponges have been given a 
token entry in the annex defining minimum sizes; although it is still 
too early to lay down specific parameters for a more rational 
exploitation of these resources, action at Community level will 
certainly be needed in the medium term, and the proposed Regulation 
provides for this possibility through the management committee 
procedure. 
This proposal is based on the best available scientific advice,- as 
reflected in the rules currently in force in the region. It also includes 
the relevant recommendations of the Scientific and Technical Committee on 
Fisheries contained in its 19th report dated 27 May 1991 i'^')-'.-
(5) SEC(91) 1651. 
CS/fv (MED/REG/MES-TEC/en3) 
r 
Proposal for 
COUNCIL REGULATION (EEC) No /.. 
of 
harmonizing various technical measures in 
Mediterranean fisheries 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 43 thereof, 
Having regard to the proposal from the Commission(*•), 
Having regard to the opinion of the European Parliament(2)/ 
Having regard to the opinion of the Economic and Social Committee(^), 
Whereas there has been no regulation at Community level of the 
conservation and management of fishery resources in the Mediterranean 
during the first ten 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 and 
North Sea since 1983; 
Whereas, however, the time has now come to remedy the problems 
currently affecting resources in the Mediterranean by introducing a 
harmonized management system suited to the circumstances there, while 
taking into account existing national regulations and making 
adjustments to the latter as required to protect stocks; 
(1) OJ No C 
(2) OJ No C 
(3) OJ No C 
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Whereas gear which, when used in the Mediterranean, contributes 
excessively to the degradation of the marine environment or to the 
running-down of certain stocks should be prohibited; whereas the 
coastal zone should be reserved for the most selective gears used by 
small-scale fishermen; whereas, notwithstanding the geographical scope 
of Council Regulation (EEC) No 3094/86<4), Articles 9 and 9a of that 
Regulation concerning drifting gillnets 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 in order to prevent their overexploitation; 
Whereas, likewise, in order to avoid situations in which large numbers 
of undersized individuals are caught, it is necessary to protect 
certain zones where juveniles congregate, taking account of the local 
biological conditions in these various zones; whereas it is furthermore 
appropriate that, 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 
or endangered; 
Whereas, in order not to impede scientific research, this Regulation 
should not apply to any operations required for the purposes of such 
research; 
Whereas national measures supplementary to, or going beyond the minimum 
requirements of, the system established by this Regulation or measures 
regulating the relationships between those engaged in fishing 
activities should remain possible; whereas such measures may be 
maintained or introduced, subject to review by the Commission as 
regards their compatibility with Community law and their conformity 
with the common fisheries policy; 
(4) OJ No L 288, 11.10.1986, p. 1 
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Whereas it may prove necessary to introduce detailed rules for 
implementing this Regulation; whereas such detailed rules should be 
adopted in accordance with the procedure laid down in Article 14 of 
Council Regulation (EEC) No . . . . of .... establishing a Community 
system for fisheries and aquaculture^5); 
Whereas the Community is a signatory to the United Nations Convention 
on the Law of the Sea, which contains principles and rules governing 
the conservation and management of marine biological resources, 
(5) OJ No L 
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HAS ADOPTED THIS REGULATION: 
Article 1 
1. This Regulation shall apply to the catching, transhipment and 
landing of fishery resources in the maritime waters of the 
Mediterranean under the sovereignty or jurisdiction of the Member 
States. This Regulation shall also apply to such operations carried 
in the Mediterranean out outside those waters by vessels flying the 
flag or registered in the port of a Member State. 
2. Member States with a Mediterranean coastline shall continue to 
legislate in the areas covered by paragraph 1 by adopting measures 
supplementary to, or going beyond the minimum requirements of, the 
system established by this Regulation, provided such measures are 
compatible with Community law and in conformity with the common 
fisheries policy. 
3. The Commission must be informed of all such measures adopted under 
the conditions described in paragraph 2 in time for it to present 
its observations. 
If the Commission so requests within one month of such notification, 
the Member State concerned shall suspend the entry into force of the 
measures planned until three months have elapsed from the date of 
the said notification, so that the Commission can decide within that 
period whether the measures in question comply with the provisions 
of paragraph 2. 
Where the Commission finds, by a decision which it shall notify to 
all Member States, that a planned measure does not comply with the 
provisions of paragraph 2, the Member State concerned may not bring 
it into force without making the requisite amendments thereto. 
CS/fv <MED/REG/MES-TEC/en3) 
The Member State concerned shall immediately inform the other Member 
States and the Commission of the measures adopted, having made any 
amendments which may be necessary. 
4. Member States shall provide the Commission, on request, with all 
particulars necessary for an assessment of whether their national 
technical measures comply with the provisions of paragraph 2. 
5. At the instigation of the Commission, or at the request of any 
Member State, the question of whether a national technical measure 
applied by a Member State complies with paragraph 2 may be the 
subject of a decision taken in accordance with the procedure laid 
down in Article 11. Should such a decision be taken, the third and 
fourth subparagraphs of paragraph 3 shall apply mutatis mutandis. 
Article 2 
1. The use for fishing purposes of toxic, soporific or corrosive 
substances and of explosives shall be prohibited. 
2. The use of Saint Andrew's crosses and similar towed gear for 
harvesting coral and the use of hammers or other percussive 
instruments for the collection of lithophagous molluscs shall be 
prohibited. 
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 1997. 
CS/fv (MED/REG/MES-TEC/en3) 
I* 
Article 3 
1. The use of all types of towed nets shall be prohibited within three 
nautical miles of the coast or within the 100 m isobath where that 
depth is reached at a shorter distance, irrespective of the method 
of towing or haulage, except where a derogation is provided for in 
national legislation adopted in the framework of Article 1 (2) in 
respect of a throe-» -mile coastal zone which extends beyond the 
territorial waters of a Member State. 
2. It shall be prohibited to set any type of encircling net less than 
300 m from the coast or in waters which are less than 30 m deep, 
where that depth is reached at a shorter distance. 
3. It is prohibited to set bottom nets at a depth of less than double 
the drop of the net. 
4. Restrictions on the setting of certain types of gear are set out in 
Annex I. 
Article 4 
1. Member States shall '!raw up a list of protected zones in which 
fishing activities are restricted for biological reasons specific to 
those zones. 
2. The competent authorities of the Member States concerned shall fix 
the list of fishing gear which may be used in protected zones, as 
well as the appropriate technical rules, on the basis of the 
relevant conservation objectives. 
3. The particular- refet •••. -1 to in paragraphs 1 and 2 shall be notified 
to the Commission, which shall communicate them to the other Member 
States for information. 
CS/fv (MED/REG/MES-TEC/en3) 
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Article 5 
1. Member States shall fix restrictions involving the technical 
characteristics of the main types of gear in accordance with the 
minimum requirements set out in Annex II. 
2. Where fishing operations involve drift nets, the vessel must remain 
attached to the end of the net while fishing. 
3. National measures taken in the field covered by paragraph 1 shall be 
notified to the Commission in accordance with the procedure laid 
down in Article 1 (2) to (5). 
The Commission shrill rk-cide whether such measures are in conformity 
with Community lav; and the common fisheries policy on the basis of 
Annex II, in particular taking account of the nature of the 
fisheries activities which characterise the waters in question. 
Article 6 
1. Any trawl or similar towed gear, gillnet or encircling net must have 
a mesh size which, in that part of the net having the smallest 
meshes, is equal to or greater than one of the minimum mesh sizes 
listed in Annex III. 
2. Mesh sizes shall be determined in accordance with the procedure laid 
down in Commission Regulation (EEC) No 2108/84(6). 
3. The length of nets ••.hill be defined by the length of the float line. 
The drop of in 4 s shall be defined as the sum of the height of the 
meshes when wet. and stretched perpendicular to the float line. 
(6) OJ No L 194, 24.7.1984, p. 22 
CS/fv (MED/REG/Mrc.':-T!-:c7en3) 
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Article 7 
Member States may prohibit landings outside places specially prepared 
or recognized as suitable for that purpose. 
Article 8 
1. A fish, crustacean, mollusc or other fishery product shall be 
deemed undersized if it is smaller than the minimum size specified 
in Annex IV for the relevant species. 
2. The size of fish, crustaceans and molluscs shall be measured in 
accordance with Article 5(2) of Regulation (EEC) No 3094/86 unless 
otherwise specified in Annex IV. If more than one «net hod of 
measuring size is permitted, the fish, crustacean or mollusc shall 
be deemed of the required size if at least one of the stipulated 
measurements is greater than the relevant minimum size. 
4. Undersized fish, crustaceans, molluscs or other fishery products 
shall not be «old, displayed or offered for sale. 
5- The minimum sizes for the species and products marked with an 
asterisk in Annex IV shall be adopted in accordance with the 
procedure laid down in Article 43 of the Treaty* 
CS/f v {MED./RBG/MES~TEC/en3 ) 
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Article 9 
This Regulation shall not apply.to fishing operations conducted solely 
for the purpose of scientific research which are carried out with the 
permission and under the authority of the Member State or Member States 
concerned, and of which the Commission and the Member State or Member 
States in whose waters the research is carried out have been informed 
in advance. 
Article 10 
When adopting measures specifically concerning Mediterranean fisheries, 
the Member States shall pay attention to the conservation of fragile or 
endangered species and environments, in particular those listed in 
Annex V. 
Article 11 
Detailed rules for the application of this Regulation shall be adopted 
by the Commission in accordance with the procedure laid down in 
Article 14 of Regulation fKEC) No 
Article 12 
When exercising its powers under this Regulation, and particularly when 
proposing to adopt at «"< - I.IM'IH i t y levl measures in areas already covered 
by agreements conelude'l bet v/oen fishermen, the Commission shall take 
care to seek the opinion of the organizations representing them. 
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Article 13 
This Regulation shall enter into force on [ ] 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
For the Council 
CS/fv (MED/REG/ME.".-TEC/en3 ) 
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ANNEX T - K••.•STRICTIONS ON THE SETTING OF FISHING GEAR 
(Article 3) 
ENCIRCLING NETS (SEINE'S AND LAMPARA NETS) 
- It is prohibited to set an encircling net less than 300 m from any 
other encircling or fixed net or less than one nautical mile from 
aquacultural facilities, including lagoons for extensive 
aquaculture. 
BOTTOM-SET NETS AND DRIFT NETS (GILLNETS AND ENTANGLING NETS) 
- Drift nets must be set with a minimum interval between nets of 500 m 
in the case of nets set in waters less deep than 50 m and one 
nautical mile in the case of nets set in waters deeper than 50 m. 
BOTTOM-SET AND FLOATING LONGLINES 
- A minimum distance of two nautical miles must be kept between two 
floating longlines. 
CS/fv (MED/REG/MES-TEC/en3) 
ANNEX II - RESTRICTIONS INVOLVING THE CHARACTERISTICS OF 
THE MAIN TYPES OF FISHING GEAR 
(Article 5) 
TRAWLS (PELAGIC AND DEMERSAL) 
It is prohibited to use any device to cover the codend, on the 
inside or the outside, which reduces its selectivity, except in the 
case of protective chafers placed underneath. 
DREDGES 
- The maximum breadth of dredges is 3 m. 
ENCIRCLING NETS (SEINES AND LAMPARA NETS) 
- The length of netting is restricted to 600 m and the depth to 150 m, 
except in the case of tuna seines. 
BOTTOM-SET NETS (GILI.NETS AND ENTANGLING NETS) 
- It is prohibited to net more than 20 000 m2 per vessel, 
DRIFT NETS (GILLNETS) 
- The maximum drop of drift nets is 10 m. 
TRAMMEL NETS 
- The maximum drop of trammel nets is 3 m. 
It is prohibited to set more than 3 500 m of trammel nets per 
vessel. 
BOTTOM-SET LONGLINE 
The use of this c-e.r is restricted to 7 000 m of longline and 3 000 
hooks per vessel. 
SURFACE-SET LONG LINE ( !•' !.( > AT INC. ) 
- The use of this gear is restricted to 60 km of longline and 2 000 
hooks per vessel. 
- Size of hooks (included for completeness). 
CS/f V ( MED / REG /M E S -Tfc C / e n J ) 
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!U - MINIMUM MESH SIZES 
(Article 6) 
Towed nets (bottom 
trawls, surface 
trawls(l), '.anchored 
seines, etc.) 40 mm Codend 
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. 
CS/fv (MED/REG/MES-TEf.\/en3 ) 
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ANNEX IV - MINIMUM LANDING SIZES 
(Article 8) 
SPECIES MINIMUM SIZE 
FISH 
Dicentrarchus labrax 2 5 cm 
Diplodus spp. 15 cm 
Engraulis encrasicolus 10 cm(*) 
Epinephelus spp. 4 5 cm 
Lophius spp. 30 cm 
Merluccius merluce ins 20 cm 
Mugil spp. 20 cm 
Mullus spp. 11 cm 
Pagellus spp. 12 cm 
Pagrus pagrus 20 cm 
Polyprion americanus 4 5 cm 
Scomber scombrus 20 cm 
Solea vulgaris 20 cm 
Sparus aurata 20 cm 
Thunnus thynnus 69 cm or 6.4 kg 
Trachurus spp. 12 cm 
Xiphias gladius 100 craf^) 
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. 30 mm 
Venus spp. 2 5 mm 
OTHER 
Corallium rubrum (coral) (*) 
Echinidae (urchins) (*) 
Microcosmus spp. (sea squirts) (*) 
Spongiidae (sponges) (*) 
(1) Member States may convert the minimum size into numbers of 
individuals of this species per kilogram. 
(2) The length is m • isnred along a straight line drawn from the tip 
of the lower jaw to the posterior extremity of the shortest 
caudal ray. 
(*) Minimum size to ! .-• determined (see Article 8 (4)). 
CS/f» |10SD/REG/KES-TEr/t'--:i3} 
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ANNEX V - FT>ACI!,E OR ENDAGERED SPECIES OR ENVIRONMENTS 
(Article 10) 
SPECIES: 
All marine species of 
- mammals (cetaceans, pinipeds), 
- birds, 
- reptiles (chelonids) 
- fish 
present in the Mediterranean and indicated in Annexes I and II to the 
Convention on the Protection of Migratory Species of Wild Animals 
adopted by Council Decision 82/461/EEC of 24 June 1982 or Annex II to 
the Convention on the Conservation of European Wildlife and Natural 
Habitats adopted by Council Decision 82/72/EEC of 3 December 1981. 
ENVIRONMENTS: 
- lagoons, 
- coastal wetlands, 
— beds of marine phanerogams. 
CS/fv (MED/REG/MES-TEC/en3) 
2D 
ISSN 0254-1475 
COM (92) 533 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-92-552-EN-C 
ISBN 92-77-50502-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg