EUROPEAN COMMISSION Brussels, 30.7.2021 COM(2021) 434 final 2021/0248(COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area (recast)



DRAFT EXPLANATORY MEMORANDUM 1.CONTEXT OF THE PROPOSAL •Reasons for and objectives of the proposal The purpose of this proposal is to implement into EU law the fisheries conservation and management measures adopted in 2018 and 2019 by the General Fisheries Commission for the Mediterranean (GFCM), to which the Union has been a contracting party since 1998. The previous implementation of GFCM measures was enacted by Regulation (EU) 2019/982, which amended two earlier transposing acts, Regulation (EU) 2015/2102 and Regulation (EU) 1343/2011. Since the 2019 Regulation has been substantially amended several times and now requires further amendment, it will be recast in the interest of clarity, simplification and legal certainty. The GFCM is the regional fisheries management organisation (RFMO) responsible for managing fishery resources in the Mediterranean and Black Sea. Its main objectives are to promote the development, conservation, rational management and best utilisation of living marine resources, and to ensure the sustainable development of aquaculture, in the Mediterranean, Black Sea and connecting waters. The Union and 10 of its Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are contracting parties to the GFCM Agreement. The GFCM has the authority to adopt binding decisions (‘recommendations’) on fisheries conservation and management in its area of competence. These acts are addressed to the contracting parties, but may also contain obligations for operators (e.g. vessel masters). GFCM recommendations become binding 120 days after the date of first notification, provided that no objections are lodged. It is incumbent on the Union to ensure compliance with these measures, as international obligations, as soon as they enter into force. This proposal grants delegated powers to the Commission under Article 290 of the Treaty on the Functioning of the European Union (TFEU), to ensure that the Union continues to fulfil its obligations under the GFCM Agreement. •Consistency with existing policy provisions in the policy area This proposal complements and is generally consistent with other provisions of Union law in this area. Derogations from existing acts are however established in certain instances due to the nature of the more specific measures proposed. To the extent to which the GFCM decisions adopted in 2018 and 2019 are not yet covered by existing EU law, they must be implemented into the EU legal system to ensure that are applied in a uniform and effective manner throughout the EU. This proposal takes account of Regulation (EU) 2019/1241 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures. It pursues the objectives of the reformed common fisheries policy and will be applied without prejudice to Regulation (EC) No 1967/2006. •Consistency with other Union policies Not applicable. 2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY • Legal basis This proposal is based on Article 43(2) TFEU, as it sets out provisions necessary for the pursuit of the objectives of the reformed common fisheries policy. •Subsidiarity (for non-exclusive competence) This proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU). Therefore, the subsidiarity principle does not apply. •Proportionality

This proposal will ensure that Union law is in line with international obligations adopted by the GFCM, to which the Union is a contracting party. It implements these without exceeding what is necessary to achieve the objective pursued. •Choice of instrument The instrument chosen is a Regulation of the European Parliament and of the Council. This choice takes into account the objectives of the common fisheries policy and the EU’s other international obligations. This proposal marks the fourth transposition of GFCM recommendations into EU law. Given the nature, scope and number of amendments involved, the legal services requested a recast as the most appropriate procedure to ensure sufficient legal clarity and readability. 3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS •Ex-post evaluations/fitness checks of existing legislation Not applicable. •Stakeholder consultations The purpose of this proposal is to implement existing GFCM measures that are binding on the contracting parties. National experts and industry representatives from EU Member States were consulted before and during the negotiations at the 42nd and 43rd GFCM annual sessions. Consequently, it was not considered necessary to hold a stakeholder consultation on this regulation. •Collection and use of expertise Not applicable. •Impact assessment Measures adopted by the GFCM are based on advice from its Scientific Advisory Committee. Further impact assessment will not be carried out, as no new policy (going further than the GFCM measures) will be developed and no significant new impacts are expected from the transposition. •Regulatory fitness and simplification This proposal is not linked to REFIT. •Fundamental rights This proposal has no consequences for the protection of EU citizens’ fundamental rights. 4.BUDGETARY IMPLICATIONS Not applicable. 5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements Not applicable. •Explanatory documents (for directives) Not applicable. •Detailed explanation of the specific provisions of the proposal This proposal will address issues relating to the sustainable conservation and management of fisheries, and to the impact of fishing activities on certain marine species in the Mediterranean and Black Sea areas. As previously mentioned, in the interest of legal clarity, the proposed act will be a recast. Title I contains general provisions on subject matter, scope, links with other Union acts and definitions. The proposal applies to commercial fishing and aquaculture, and recreational fishing, by Union fishing vessels and nationals of Member States in the GFCM Agreement area. Title II deals with fisheries management, conservation and control measures for certain species. It includes chapters on European eel, giant red shrimp, blue and red shrimp, red coral, demersal fisheries, small pelagic fisheries, blackspot seabream, dolphin fish, turbot and piked dogfish. Tittle III sets out common provisions and includes measures on conservation, control, cooperation, information and reporting, and regional research programmes. Chapter I focuses on technical and conservation measures, in particular to reduce the impact of fishing activities on certain marine species (including sharks and rays) and incidental catches, to establish fisheries restricted areas (FRAs) and temporal closures, and to regulate what fishing gear may be used. Chapter II contains control measures, in particular as regards the register of authorised vessels, port state measures and vessels presumed to have carried out illegal, unreported and unregulated (IUU) fishing. Chapter III includes measures on cooperation, information sharing and reporting. Chapter IV establishes regional research programmes on blue crab in the Mediterranean and rapa whelk in the Black Sea. Title IV sets out final provisions, including on the delegation of powers and entry into force. The reporting deadlines in this proposal have been established on the basis of deadlines agreed at GFCM level, with a view to enabling the EU to comply with the requirements for reporting to the GFCM Secretariat. 🡻 1343/2011 (adapted) 2021/0248 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 (recast) 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, Having regard to the opinion of the Committee of the Regions, Acting in accordance with the ordinary legislative procedure, Whereas: ⇩ new (1)Regulation (EU) No 1343/2011 of the European Parliament and of the Council has been substantially amended several times. Since further amendments are to be made, that Regulation should be recast in the interests of clarity. 🡻 2019/982 recital 2 (2)One of the objectives of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and the Council is to ensure that fishing and aquaculture activities are environmentally sustainable in the long term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies. 🡻 1343/2011 recital 1 (3)The European Community acceded to the Agreement for the establishment of the General Fisheries Commission for the Mediterranean (GFCM Agreement) pursuant to Council Decision 98/416/EC of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean (GFCM). 🡻 1343/2011 recital 2 (4)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. 🡻 1343/2011 recital 3 (adapted) (5)The European Union, as well as Bulgaria, Greece, Spain, France, ⌦ Croatia, ⌫ Italy, Cyprus, Malta, Romania and Slovenia are contracting parties to the GFCM Agreement.

🡻 1343/2011 recital 4 (6)Recommendations adopted by the GFCM are binding on its contracting parties. As the Union is a contracting party to the GFCM Agreement, these recommendations are binding on the Union and should therefore be implemented in Union law unless their content is already covered thereby 🡻 1343/2011 recital 6 ⇨ new (7)For ⇨ these ⇦ reasons of clarity, simplification and legal certainty, and since the permanent character of recommendations requires also a permanent legal instrument for their implementation in Union law, it is appropriate to implement these recommendations via a single legislative act, where future recommendations can be added by way of amendments to that act. 🡻 1343/2011 recital 12 (8)The advice upon which management measures are based should itself be based on the scientific use of relevant data on fleet capacity and activity, on the biological status of exploited resources and on the social and economic situation of fisheries. This data needs to be collected and submitted in time to allow the subsidiary bodies of the GFCM to prepare their advice. 🡻 1343/2011 recital 5 (adapted) At its Annual Sessions in 2005, 2006, 2007 and 2008 the GFCM adopted a number of recommendations and resolutions for certain fisheries in the GFCM Agreement area which have been temporarily implemented in Union law by the annual Regulations on fishing opportunities or, in the case of GFCM Recommendations 2005/1 and 2005/2, by Article 4(3) and Article 24 of Council Regulation (EC) No 1967/2006 . ⇩ new (9)The GFCM Annual Sessions held since 2005 adopted a number of recommendations and resolutions for certain fisheries in the GFCM Agreement area which have been implemented into Union law mainly by Regulation (EU) No 1343/2011 and its amendments. 🡻 1343/2011 recital 13 (adapted) At its Annual Session in 2008, the GFCM adopted a recommendation on a regional scheme of port state measures to combat Illegal, Unreported and Unregulated (IUU) fishing in the GFCM Area. While Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing covers generally the content of that recommendation and has been applied since 1 January 2010, there are nevertheless some parts thereof, such as the frequency, the coverage and the procedure for port inspections, which need to be referred to in this Regulation in order to adapt them to the particularities of the GFCM Agreement area.

⇩ new (10)At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/8 amending provision 13 and Annex I of GFCM/33/2009/8. While Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing partly covers the content of this recommendation, this Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation. 🡻 1343/2011 recital 10 (adapted) At its Annual Session of 23 to 27 March 2009 the GFCM adopted, on the basis of scientific advice by the Scientific Advisory Committee (SAC), contained in the report of its 11th session (FAO report No 890), a recommendation on the establishment of a fisheries restricted area in the Gulf of Lions. It is appropriate to implement this measure by means of a fishing effort management system. ⇩ new (11)At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/4 on a management plan for the sustainable exploitation of red coral in the Mediterranean Sea, repealing Recommendations GFCM/35/2011/2, GFCM/36/2012/1, GFCM/40/2016/7 and GFCM/41/2017/5. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation. (12)At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/2 on fisheries management measures for the conservation of sharks and rays in the GFCM area of application, amending Recommendation GFCM/36/2012/3. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation (13)At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/42/2018/8 on further emergency measures in 2019-2021 for small pelagic stocks in the Adriatic Sea, replacing Recommendation GFCM/38/2014/1. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation. 🡻 2015/2102 recital 10 (adapted) (14)The GFCM measures laid down in Recommendations GFCM/37/2013/1 and GFCM/38/2014/1 ⌦ GFCM/43/2018/8 ⌫ includes a ban on retention on board or landing which should be implemented in Union law in accordance with Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( ). For the purpose of proper implementation, national control, monitoring and surveillance programmes should be developed, which the Commission should communicate annually to the GFCM. ⇩ new (15)At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/5 on establishing a multiannual management plan for demersal stocks in the Strait of Sicily, repealing Recommendations GFCM/39/2015/2 and GFCM/40/2016/4. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation (16)At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot fisheries in the Black Sea. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation 🡻 1343/2011 recital 7 (adapted) GFCM recommendations apply to the entire GFCM Agreement area, that is the Mediterranean and the Black Sea and connecting waters, as defined in the preamble to the GFCM Agreement, and therefore, for reasons of clarity and legal certainty, they should be implemented in a single separate Regulation rather than through amendments to Regulation (EC) No 1967/2006 which covers only the Mediterranean Sea.

🡻 1343/2011 recital 8 (adapted) Certain provisions contained in Regulation (EC) No 1967/2006 should apply not only to the Mediterranean Sea but to the entire GFCM Agreement area. Those provisions should therefore be deleted from Regulation (EC) No 1967/2006 and included in this Regulation. In addition, certain provisions regarding minimum mesh size that are laid down in that Regulation should be further clarified. 🡻 1343/2011 recital 9 (adapted) The ‘fisheries restricted areas’ established by GFCM recommendations for spatial management measures are equivalent to the ‘fishing protected areas’ as used in Regulation (EC) No 1967/2006. ⇩ new (17)At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/2 on a management plan for the sustainable exploitation of blackspot seabream in the Alboran Sea. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation. 🡻 1343/2011 recital 11 In Mediterranean mixed fisheries, the selectivity of some fishing gears cannot be permitted to go beyond a certain level. In addition to the overall control and limitation of fishing effort, it is fundamental to limit fishing effort in areas where adults of important stocks aggregate, in order to ensure a risk of reproduction impairment that is low enough to allow for their sustainable exploitation. It is therefore advisable, in respect of the area examined by the SAC, first to limit the fishing effort to previous levels and then not to allow any increase of that level. ⇩ new (18)At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/1 on a multiannual management plan for European eel in the Mediterranean Sea. This Recommendation establishes a multiannual management plan for fisheries catching European eel in the Mediterranean Sea, in line with the precautionary approach to fisheries management. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation. (19)At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/3 on a multiannual management plan for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Levant Sea . This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation. (20)At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/4 on a multiannual management plan for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Ionian Sea. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation. (21)At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/7 on a regional research programme on blue crab in the Mediterranean. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation. (22)At its Annual Session in 2018, the GFCM adopted Recommendation GFCM/42/2018/9 on a regional research programme for rapa whelk fisheries in the Black Sea. . This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union legislation (23)At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/1 on a set of management measures for the use of anchored fishing aggregating devices in common dolphinfish fisheries in the Mediterranean Sea. This Recommendation complements Recommendation GFCM/30/2006/2 on the establishment of a closed season for common dolphinfish fisheries using fish aggregating devices and establishes a set of management measures for the use of anchored FADs exploiting common dolphinfish in the GFCM area of application. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union law.

(24)At its Annual Session in 2019, the GFCM adopted Recommendation GFCM/43/2019/6 on management measures for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Strait of Sicily. This Regulation should implement into Union law those measures laid down in that Recommendation which are not yet covered by Union law. 🡻 1343/2011 recital 14 (adapted) (25)Implementing powers should be conferred on the Commission in order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of the format and transmission of: the report on the fishing activities carried out in fisheries restricted areas; applications for carrying over lost days due to bad weather in the closed season for dolphinfish fisheries and the report on such carrying over; the report in the context of collecting data on dolphinfish fisheries; information in respect of the use of minimum mesh size for nets used for trawling activities exploiting demersal stocks in the Black Sea; and data on statistical matrices, as well as in respect of cooperation and exchange of information with the Executive Secretary of the GFCM ⌦ Secretariat ⌫. Those powers should be exercised in accordance with 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. 🡻 1343/2011 recital 15 (adapted) ⇨ new (26)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 on the Functioning of the European Union should be delegated to the Commission in respect of the implementation in Union law of amendments, which have become binding on the Union, to existing GFCM measures which have already been implemented in Union law, as regards the provision to the Executive Secretary of the GFCM of information on minimum mesh size in the Black Sea; the transmission to the Executive Secretary of the GFCM ⌦ Secretariat ⌫ of the list of authorised vessels for the purpose of the GFCM Register; ⇨ the derogations to conservation measures for red coral; the implementation of the permanent catch certification scheme for red coral; ⇦ port state measures; cooperation, information and reporting; the table, map and geographic coordinates of the GFCM Geographical Sub-Areas; port state inspection procedures for vessels; and GFCM statistical matrices. 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, 🡻 1343/2011 (adapted) 🡺1 982/2019 Art. 1.1 🡺2 982/2019 Art. 1.2(a) ⇨ new HAVE ADOPTED THIS REGULATION: TITLE I GENERAL PROVISIONS Article 1 Subject matter This Regulation lays down the rules for the application by the Union of the conservation, management, exploitation, monitoring, marketing and enforcement measures for fishery and aquaculture products established by the General Fisheries Commission for the Mediterranean (GFCM). Article 2

Scope 1. 🡺1 This Regulation applies to all commercial fishing and aquaculture activities, as well as to recreational fishing activities where specifically provided for in this Regulation, conducted by Union fishing vessels and nationals of Member States in the GFCM Agreement area. 🡸 It shall apply without prejudice to ⌦ Council ⌫ Regulation (EC) No 1967/2006 . 2. By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State whose flag the vessel is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance ⇨ , unless specified otherwise in this Regulation ⇦. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out and the Scientific, Technical and Economic Committee for Fisheries of all catches from such fishing operations. Article 3 Definitions 🡺2 For the purposes of this Regulation the following definitions shall apply in addition to the definitions laid down in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council , Article 2 of Regulation (EC) No 1967/2006, and Article 4 of Council Regulation (EC) No 1224/2009 ⇨ , Article 2 of Regulation (EU) 2019/1022 of the European Parliament and of the Council and Article 5 of Regulation (EU) 2019/1241 of the European Parliament and of the Council ⇦ : 🡸 a)(1)‘GFCM Agreement area’ means the Mediterranean and the Black Sea and connecting waters, as described in the GFCM Agreement; 🡻 1343/2011 b)‘fishing effort’ means the product resulting from multiplying the capacity of a fishing vessel, expressed either in kW or in GT (gross tonnage), by the activity expressed in number of days at sea; 🡻 1343/2011 (adapted) e) (2) ⌦ ‘buffer area’ means a zone surrounding a fisheries restricted area in order to avoid accidental access to it, enhancing the protection of the surrounded area; ⌫ 🡻 1343/2011 c) ‘day at sea’ means any calendar day on which a vessel is absent from port, irrespective of the amount of time in the course of that day that that vessel is present in an area; ⇩ new (3)‘Data Collection Reference Framework (DCRF) manual’ means the manual prepared by the Scientific Advisory Committee (SAC) and endorsed by the GFCM related to the implementation of the DCRF;

🡻 1343/2011 (adapted) ⇨ new d) (4)‘⇨ Common Fleet Register (CFR) number ⇦ EU Fleet Register number’ means the Community ⌦ common ⌫ fleet ⌦ register (CFR) ⌫ number defined in Article 2(l) of Commission Implementing Regulation (EU) 2017/218 Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register ; ⇩ new (5)‘Fish aggregating device’ or ‘FAD’ means any anchored equipment floating on the sea surface with the objective of attracting fish; (6)‘Live weight' means the weight of fresh catches weighed immediately after the end of fishing operations or, in case of daily fishing trips, before their landing at the designated port at the latest; (7)‘Red coral bank’ means an area of variable size where red coral (Corallium rubrum) colonies are relatively abundant; (8)‘Red coral colony’ means the biological unit exploited in red coral (Corallium rubrum) fisheries and represents a genetic unit formed by hundreds/thousands of red coral polyps, which can have a tree-like shape with several branches 🡻 982/2019 Art. 1.2(b) (f)‘Targeting blackspot seabream’ means carrying out fishing activities in which the quantities of blackspot seabream on board or landed constitute more than 20 % of the catch in live weight after sorting per tide. ⇩ new TITLE II Management, Conservation and Control Measures Concerning Certain Species CHAPTER I European Eel Article 4

[New article. Recommendation GFCM/42/2018/1 provisions 9 and 10] Scope This Chapter applies to all fishing activities catching European eel (Anguilla anguilla), namely targeted, incidental and recreational fisheries, in all the marine waters of the Mediterranean Sea indicated in Annex I, including freshwaters and transitional brackish waters, such as lagoons and estuaries. Article 5 [New article. Recommendation GFCM/42/2018/1 provisions 19] Fishing closures 1.Member States shall establish an annual fishing closure of three consecutive months where fishing and landing of European eel shall be prohibited. 2. The closure period shall be defined by the Member States in their national management plan, together with its fisheries and the gear targeting European eel. The fishing closure period shall be consistent with the reduction of fishing efforts or catches of European eel established in the national management plans in place and with the temporal migration patterns of European eel. Article 6 [New article. Recommendation GFCM/42/2018/1 provisions 20] Fisheries restricted areas 1.Member States may establish fisheries restricted areas to further protect European eel. The location and boundaries of those areas shall be consistent with the distribution of the main habitats of European eel in the Member State concerned. 2.It shall be prohibited to fish European eel in the areas referred to in paragraph 1. Specimens accidentally captured in those areas shall be immediately released upon the catch. Article 7 [New article. Recommendation GFCM/42/2018/1 provisions 23] Technical measures Without prejudice to Regulation 2019/1241, the national management plans and national management measures adopted by Member States, pursuant to Article 2(8) of Regulation (EU) No 1100/2007, shall establish technical measures that ensure a reduction in mortalities. Article 8 [New article. Recommendation GFCM/42/2018/1 provisions 24 and 25] Additional measures

1.Member States may adopt measures to complement their national management plan or national management measures, in accordance with Article 2 of Council Regulation (EC) No 1100/2007, taking into account inter alia the conservation state of European eel in their waters, the impact of fishing activities catching European eel in their waters and other anthropogenic mortality sources. 2.Member States shall communicate the measures adopted in accordance with paragraph 1 to the Commission at the latest two weeks after their entry into force and the Commission shall transmit these measures to the GFCM Secretariat within one month of their entry into force. Article 9 [New article. Recommendation GFCM/42/2018/1 provisions 32] Implementation of measures 1.Member States shall provide a report on the implementation of the measures set out in this Chapter to the Commission not later than four months before the forty-fifth session of the GFCM. 2.The Commission shall transmit the report referred to in paragraph 1 to the GFCM Secretariat not later than the forty-fifth session of the GFCM. Such report may include an estimate of the impacts of measures included in the national management plans and any other measures. Article 10 [New article. Recommendation GFCM/42/2018/1 provisions 36, 37 and 39] Fishing authorisation 1.Member States shall communicate a list of all authorised fishing vessels, pursuant to Article 11(1) of Regulation (EC) No 1100/2007, to the Commission by 31 May every year. The Commission shall transmit this list to the GFCM Secretariat by 30 June every year. 2.Member States shall immediately transmit to the Commission any modifications to the list referred to in paragraph 1. The Commission shall communicate these modifications to the GFCM Secretariat without delay. Article 11 [New article. Recommendation GFCM/42/2018/1 provisions 38 and 39] Authorised transitional and brackish waters 1.By 1 January 2020, Member States shall establish and keep up to date a list of all authorised transitional and brackish waters, such as lagoons and estuaries, where traditional permanent fish-harvesting static gear is placed for catch of European eel. 2.Member States shall communicate the list referred to in paragraph 1 to the Commission by 31 May every year. The Commission shall transmit that list to the GFCM Secretariat by 30 June every year. 3.Member States shall immediately transmit to the Commission any modifications to the list referred to in paragraph 1. The Commission shall communicate these modifications to the GFCM Secretariat without delay. Article 12

[New article. Recommendation GFCM/42/2018/1 provisions 40 and 41] Authorised landing points Landing of European eel shall only be authorised in landing points designated by each Member State for this purpose. Article 13 [New article. Recommendation GFCM/42/2018/1 provisions 42, 43 and 44] Recording of catches 1.Fishers or masters of the fishing vessels authorised to harvest European eel shall record their catches in live weight, irrespective of the live weight of the catch and harvest. 2.In the case of transitional and brackish waters, such as lagoons and estuaries where European eel catching continues to be carried out with permanent traditional fish-harvesting static gear, fishers or masters of the authorised fishing vessels shall record their catches in live weight. 3.Without prejudice to Article 14 of Regulation (EC) No 1224/2009, masters of vessels shall record in the logbook their daily catches of European eel, irrespective of the live weight of the harvest. Article 14 [New article. Recommendation GFCM/42/2018/1 provision 47] Recreational fisheries Member States shall establish on a regular basis an estimate of the number of recreational fishers and their catches of glass, yellow and silver eels. CHAPTER II

Giant red shrimp, blue and red shrimp Section I

Levant Sea Article 15 [New article. Recommendation GFCM/42/2018/3 provision 1]

Scope This section applies to all trawl fishing activities targeting giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus), operating in Geographical Sub Areas (GSAs) 24, 25, 26 and 27 as provided for in Annex I. Article 16 [New article. Recommendation GFCM/42/2018/3 provision 17] Scientific monitoring Member States shall ensure annually an adequate scientific monitoring of the status of the species included within the scope of this section. Article 17 [New article. Recommendation GFCM/42/2018/3 provision 26, 31 and 32] List of authorised and active vessels 1.Member States shall communicate the list of all fishing vessels that are authorised to fish for and are actively fishing for the species listed in Article 15 for the following year to the Commission by 30 December each year. The Commission shall transmit this list to the GFCM Secretariat by 31 January of the following year. This list shall include, for each vessel, the information referred to in Annex VIII. 2.Any fishing vessel not included in the list established under paragraph 1 shall not be allowed in any given fishing trip to fish for, retain on board, or land more than 3 percent of the total live weight catch of the species listed in Article 15. 3.Member States shall promptly notify the Commission of any addition to, deletion from and/or modification of the list of authorised fishing vessels, any time such changes may occur. The Commission shall transmit these modifications to the GFCM Secretariat without delay. Article 18 [New article. Recommendation GFCM/42/2018/3 provision 27] Fishing activities Member States shall communicate to the Commission by 31 July of each year, a detailed report on fishing activities of fishing vessels operating within the scope of this section for the previous year. The Commission shall transmit this report to the GFCM Secretariat by 31 August each year. That report shall include at least the following: (1)Operating days; (2)Operating area; (3)Total catch.

Article 19 [New article. Recommendation GFCM/42/2018/3 provision 28] Additional spatial or temporal restrictions 1.Member States may designate additional spatial or temporal restrictions to those already existing where fishing activities may be banned or restricted in order to protect aggregation areas of juveniles. 2.Member States shall immediately notify the Commission of any such additional spatial or temporal restrictions once they are established. The Commission shall notify the GFCM Secretariat without delay. Article 20 [New article. Recommendation GFCM/42/2018/3 provision 36] Reporting obligations Without prejudice to Article 14 of Regulation (EC) No 1224/2009, fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall declare all catches and bycatch, irrespective of the volume of the catch. Article 21 [New article. Recommendation GFCM/42/2018/3 provision 38, 39, 41 and 42] Designated landing points 1.Member States shall designate landing points where landings and transhipping by vessels actively fishing within the scope of this section shall take place. For each designated point, Member States shall specify permitted landing and transhipping times and places. 2.It shall be prohibited to land or tranship from fishing vessels any quantity of species included within the scope of this section at any place other than points designated by Member States in accordance with paragraph 1. 3.Member States shall communicate to the Commission any change to the list of designated landing points by 31 October each year. The Commission shall transmit this list to the GFCM Secretariat by 30 November of each year. Article 22 [New article. Recommendation GFCM/42/2018/3 provision 45] Vessel monitoring system Notwithstanding Article 9 of Regulation (EC) No 1224/2009, all vessels above 10 metres length overall (LOA) actively fishing within the scope of this section shall be equipped with a vessel monitoring system (VMS). Article 23

[New article. Recommendation GFCM/42/2018/3 provision 46] Logbook Notwithstanding Article 14 of Regulation (EC) No 1224/2009, authorised fishing vessels operating within the scope of this section shall have on board a logbook in which daily catches are recorded and declared, irrespective of the live weight of the catch, in accordance with Article 20 of this Regulation. Section II

Ionian Sea Article 24 [New article. Recommendation GFCM/42/2018/4 provision 1 and 3] Scope This section applies to all trawl fishing activities targeting giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus), operating in GSAs 19, 20 and 21 as provided for in Annex I. Article 25 [New article. Recommendation GFCM/42/2018/4 provision 17] Scientific monitoring Member States shall ensure annually an adequate scientific monitoring of the status of species listed in Article 24. Article 26 [New article. Recommendation GFCM/42/2018/4 provision 25, 26, 31 and 32] List of authorised and active vessels 1.Member States shall communicate the list of all fishing vessels flying their flag that are authorised to fish for and are actively fishing for the species listed in Article 24 for the following year to the Commission by 30 December each year. The Commission shall transmit this list to the GFCM Secretariat by 31 January of the following year. This list shall include, for each vessel, the information referred to in Annex VIII. 2.Any fishing vessel not included in the list referred to in paragraph 1 shall not be allowed in any given fishing trip to fish for, retain on board, or land more than 3 percent of the total live weight catch of the species in Article 24. 3.Member States shall promptly notify the Commission of any addition to, deletion from and/or modification of the list of authorised fishing vessels, any time such changes may occur. The Commission shall transmit these modifications to the GFCM Secretariat without delay. Article 27 [New article. Recommendation GFCM/42/2018/4 provision 27]

Fishing activities Member States shall communicate to the Commission by 31 July of each year, a detailed report on fishing activities of fishing vessels operating within the scope of this section for the previous year. The Commission shall transmit this report to the GFCM Secretariat by 31 August each year. That report shall include at least the following: (1)Operating days; (2)Operating area; (3)Total catch. Article 28 [New article. Recommendation GFCM/42/2018/4 provision 28] Additional spatial or temporal restrictions 1.Member States may designate additional spatial or temporal restrictions to those already existing where fishing activities may be banned or restricted in order to protect aggregation areas of juveniles. 2.Member States shall immediately notify the Commission of any such additional spatial or temporal restrictions once they are established. The Commission shall notify the GFCM Secretariat without delay. Article 29 [New article. Recommendation GFCM/42/2018/4 provision 36] Reporting obligations Without prejudice to Article 14 of Regulation (EC) No 1224/2009, fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall declare all catches and bycatch, irrespective of the volume of the catch. Article 30 [New article. Recommendation GFCM/42/2018/4 provision 38, 39, 41 and 42] Designated landing points 1.Member States shall designate landing points where landings and transhipping by vessels actively fishing within the scope of this section shall take place. For each designated point, Member States shall specify permitted landing and transhipping times and places. 2.It shall be prohibited to land or tranship from fishing vessels any quantity of species included within the scope of this section at any place other than points designated by Member States in accordance with paragraph 1. 3.Member States shall communicate to the Commission any change to the list of designated landing points by 31 October each year. The Commission shall transmit this list to the GFCM Secretariat by 30 November of each year.

Article 31 [New article. Recommendation GFCM/42/2018/4 provision 45] Vessel monitoring system Notwithstanding Article 9 of Regulation (EC) No 1224/2009, all vessels above 10 metres LOA actively fishing within the scope of this section shall be equipped with a VMS. Article 32 [New article. Recommendation GFCM/42/2018/4 provision 46] Logbook Notwithstanding Article 14 of Regulation (EC) No 1224/2009, authorised fishing vessels operating within the scope of this section shall have on board a logbook in which daily catches are recorded and declared, irrespective of the live weight of the catch, in accordance with Article 29 of this Regulation. Section III Strait of Sicily Article 33 [New article. Recommendation GFCM/43/2019/6 provision 1] Scope This section applies to all trawl fishing activities targeting giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in GSAs 12, 13, 14, 15 and 16 as provided for in Annex I. Article 34 [New article. Recommendation GFCM/43/2019/6 provision 13] Fleet management measures Member States shall ensure that their fleet capacity is maintained for the exploitation of species under the scope of this section at levels established in Table A of Annex XII. Article 35 [New article. Recommendation GFCM/43/2019/6 provision 5]

Scientific monitoring Member States shall ensure annually an adequate scientific monitoring of the status of species listed in Article 33. Article 36 [New article. Recommendation GFCM/43/2019/6 provision 7, 8 and 14] List of authorised and active vessels 1.Member States shall communicate the list of all fishing vessels flying their flag that are authorised to fish and are actively fishing for the species listed in Article 33 to the Commission by 31 May each year. The Commission shall transmit this list to the GFCM Secretariat by 30 June of each year. This list shall include, for each vessel, the information referred to in Annex VIII. 2.Member States shall promptly notify the Commission of any addition to, deletion from and/or modification of the list of authorised fishing vessels, any time such changes may occur. The Commission shall transmit these modifications to the GFCM Secretariat without delay. Article 37 [New article. Recommendation GFCM/43/2019/6 provision 9] Fishing activities Member States shall communicate to the Commission by 31 October of each year, a detailed report on fishing activities of fishing vessels operating within the scope of this section for the previous year. The Commission shall transmit this report to the GFCM Secretariat by 30 November each year. This report shall include at least the following: (1)Operating days; (2)Operating area; (3)Total catch. Article 38 [New article. Recommendation GFCM/43/2019/6 provision 10] Additional spatial or temporal measures 1.Member States may designate additional spatial or temporal restrictions to those already existing where fishing activities may be banned or restricted in order to protect aggregation areas of juveniles. 2.Member States shall immediately notify the Commission of any such additional spatial or temporal restrictions once they are established. The Commission shall notify the GFCM Secretariat without delay. Article 39

[New article. Recommendation GFCM/43/2019/6 provision 17, 18 and 19] Landing points 1.Member States shall designate landing points where the landings by vessels actively fishing within the scope of this section shall take place. 2.It shall be prohibited to land or tranship from fishing vessels any quantity of species listed in Article 33 at any place other than points designated by Member States in accordance with paragraph 1. 3.Fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall declare all catches of the species referred to in Article 33, irrespective of the volume of the catch. CHAPTER III Red coral Article 40 Scope [New article. Recommendation GFCM/43/2019/4 provision 2] 1. This Chapter applies to all commercial fishing activities harvesting red coral (Corallium rubrum), namely targeted, incidental and recreational fisheries, in all marine waters of the Mediterranean Sea, as provided for in Annex I. 🡻 2102/2015 Art. 1.2 (adapted) ⇨ new CHAPTER IV Conservation and sustainable exploitation of red coral Article x16a 2. This Chapter shall apply without prejudice to Article 4(2) and points (e) and (g) of Article 8(1) of Regulation (EC) No 1967/2006, ⇨ Article 7 of Regulation (EU) 2019/1241 ⇦ or any stricter measures stemming from Council Directive 92/43/EEC. ⇩ new

Article 41 [New article. Recommendation GFCM/43/2019/4 provision 8] National management plans 1.Member States shall adopt national management plans for red coral. 2.Depending on available scientific information, management shall take place at red coral bank, GFCM statistical rectangle or national level. Any national management plan shall include at least the elements listed in Articles 42, 43, 44, 46, 47, 48, 49, 50, 51, 52, 54, 55 and 58. 3.Member States shall submit their national management plan for red coral to the Commission 10 working days after their adoption and the Commission shall transmit it to the GFCM Secretariat at the latest within 15 days after their adoption. Member States shall immediately resubmit any updated national management plan for red coral to the Commission. The Commission shall transmit to the GFCM Secretariat, in particular when new closures or new openings of red coral banks are decided. 🡻 1343/2011 (adapted) ⇨ new Article 42 16d Gear and devices 1. For the harvesting of red coral, the only permitted gear shall be a hammer used in scuba diving by ⌦ authorised vessels or fishers ⌫ fishermen who are authorised or recognised by the competent national authority. ⇨ During the harvest, the authorised fisher shall ensure that the base of the coral colony is not detached from the substrate. ⇦ 3. By way of derogation from paragraph 2, the use of ROVs that have been authorised by a Member State prior to 30 September 2011 for the purpose of observation and prospection shall continue to be permitted in zones under the jurisdiction of that Member State provided that the ROVs concerned cannot be equipped with manipulator arms or any other device allowing the cutting and harvesting of red coral. Such authorisations shall expire or be withdrawn by 31 December 2015 unless the Member State concerned has obtained scientific results showing that the use of ROVs beyond 2015 would have no negative impact on the sustainable exploitation of red coral. 4. By way of derogation from paragraph 2, a Member State may authorise the use of ROVs without manipulator arms for the purpose of observation and prospection in zones under the jurisdiction of that Member State, provided that it has obtained scientific results in the context of a national management framework showing no negative impact on the sustainable exploitation of red coral. Such authorisations shall expire or be withdrawn by 31 December 2015 unless the scientific results referred to in the first subparagraph are validated by the GFCM. 5. By way of derogation from paragraph 2, a Member State may authorise, for a limited period of time not extending beyond 31 December 2015, the use of ROVs for the purpose of scientific experimental campaigns for observation and harvesting of red coral, provided that the campaigns are carried out under the supervision of a national research institution or in collaboration with competent national or international scientific bodies as well as with any other relevant stakeholders. Article 4316b Minimum depth for harvesting 1. The harvesting of red coral shall be prohibited at depths of less than 50 metres until the GFCM indicates otherwise.

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 14527 of this Regulation and Article 18(1) to (6) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council in order to grant derogations from paragraph 1. 3. Joint recommendations to be submitted pursuant to Article 18(1) of Regulation (EU) No 1380/2013 with a view to a derogation as referred to in paragraph 2 of this Article shall be accompanied by: (a)detailed information on the national management framework; (b)the scientific or technical justifications; (c)the list of fishing vessels, or the number of authorisations granted, as regards the harvesting of red coral at depths of less than 50 metres; and (d)the list of fishing zones where such harvesting is authorised, as identified by geographic coordinates both on land and at sea. Any joint recommendation by Member States as referred to in the first subparagraph shall be submitted by 29 November 2018. 4. Derogations referred to in paragraph 2 of this Article shall be granted if the following conditions are satisfied: (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; and (b)adequate spatio-temporal closures ensure that only a limited number of red coral colonies are exploited. ⇩ new (a)such derogations have been implemented continuously by means of management rules during at least 5 years before 18 April 2020 or; (b)in case of a new derogation, it shall be supported by the SAC of the GFCM, demonstrating that the request is in line with the objectives of this Chapter. 🡻 1343/2011 5. Notwithstanding paragraphs 2 to 4 and as a transitional measure, Member States may adopt measures for the implementation of Recommendation GFCM/35/2011/2, provided that: (a)those measures are part of an appropriate national management framework; and (b)the Member State concerned duly informs the Commission of the adoption of those measures. The Member States concerned shall ensure that any derogations cease to apply no later than on the date of application of the relevant delegated act adopted in accordance with paragraph 2.

6. Where the Commission considers, on the basis of the notifications provided by the Member States concerned in accordance with point (b) of paragraph 5, that a national measure adopted after 28 November 2015 does not satisfy the conditions set out in paragraph 4, it may, subject to providing relevant reasons and after consultation with the Member State concerned, request it to amend that measure. 🡻 1343/2011 (adapted) 57. The Commission shall inform the Executive Secretary of the GFCM ⌦ Secretariat ⌫ of the measures adopted pursuant to paragraphs 2 and 5. Article 4416c Minimum ⌦ conservation reference size ⌫ basal diameter of colonies 1. Red coral from colonies of red coral whose basal diameter is smaller ⌦ less ⌫ 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 14527 of this Regulation and Article 18(1) to (6) of Regulation (EU) No 1380/2013 in order 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. Joint recommendations to be submitted pursuant to Article 18(1) of Regulation (EU) No 1380/2013 with a view to a derogation as referred to in paragraph 2 of this Article shall be accompanied by the scientific or technical justifications for that derogation. Any joint recommendation by Member States as referred to in the first subparagraph shall be submitted by 29 November 2018. 4. Derogations as referred to in paragraph 2 of this Article shall be granted if the following conditions are satisfied: (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 are in place. 5. Notwithstanding paragraphs 2 to 4 and as a transitional measure, Member States may adopt measures for the implementation of Recommendation GFCM/36/2012/1, provided that: (a)those measures form part of an appropriate national management framework; and (b)the Member State concerned duly informs the Commission of the adoption of those measures. The Member States concerned shall ensure that any derogations cease to apply no later than on the date of application of the relevant delegated act adopted in accordance with paragraph 2. 6. Where the Commission considers, on the basis of the notifications provided by the Member States concerned in accordance with point (b) of paragraph 5, that a national measure adopted after 28 November 2015 does not satisfy the conditions set out in paragraph 4, it may, subject to providing relevant reasons and after consultation with the Member State concerned, request it to amend that measure. 47.The Commission shall inform the Executive Secretary of the GFCM ⌦ Secretariat ⌫ of the measures adopted pursuant to paragraphs 2 and 5.

⇩ new Article 45 Transmission of harvest and effort data Every year, Member States shall communicate to the Commission their harvest and effort exerted the preceding year, by 31 May. The Commission shall transmit the data to the GFCM Secretariat by 30 June. 🡻 982/2019 Art. 1.6 (adapted) ⇨ new TITLE IIa FISHING CAPACITY AND FISHING OPPORTUNITIES Article 46 16m Catch limits for red coral 1. Each Member State may establish in the Mediterranean Sea a system of individual daily and/or annual ⇨ harvest and/or fishing effort ⇦ catch limits for red coral ⇨ their authorised fishers and their authorised fishing vessels. Such limits shall be consistent with the number of fishing authorisations granted, the annual harvest limits and fishing effort limits set for the Member State concerned ⇦ . ⇩ new [Recommendation GFCM/43/2019/4 provision 21] 2. When, for a given year and a properly identified red coral bank, or, at the scale of the relevant GFCM statistical rectangle if the red coral bank has not been properly identified, the proportion of colonies harvested below the minimum conservation reference size (MCRS), as defined in Article 44, is: (a)less than 10 % of the total catch harvested from a given red coral bank for a given year, Member States not having a national management plan in place shall implement stricter control measures over the area concerned; (b)more than 10 % and less than 25 % of the total catch harvested from a given red coral bank for a given year, the Member States shall implement stricter control over the area concerned and survey the size structure of the red coral population, irrespective of the existence of a national management plan. 🡻982/2019 Art. 1.8 (adapted)

⇨ new Article 16ca Precautionary closures for red coral 31. When a trigger catch level of red coral as referred to in paragraphs 24 and 35 has been reached, Member States shall close the area concerned to any red coral fishery. 42. The trigger catch level shall be deemed to be reached when colonies of red coral whose basal diameter is lower than 7 mm exceed 25 % of the total catch harvested from a given red coral bank for a given year. 53. Where coral banks have not yet been properly identified, the trigger catch level and the closure provided for in paragraph 31 shall apply at the scale of the ⌦ relevant ⌫ GFCM statistical rectangle. 64. ⇨ Member States shall take the necessary measures to implement precautionary closures provided for in paragraph 3. ⇦ In their decision establishing a closure as referred to in paragraph 1, Member States shall define the geographical area ⇨ of the affected harvest ground ⇦ concerned, the duration of the closure and the conditions governing fisheries in that area during the closure ⇨ , as well as the conditions for reopening the fishery ⇦ . ⇩ new [Recommendation GFCM/43/2019/4 provision 26 ] 7. Member States may implement a move-on rule for fishing vessels to cease fishing and move in the direction least likely to result in further encounters from the colonies, with a view to avoid reaching the trigger defined in paragraph 4 and ensure an optimal exploitation and recovery of the colonies. 8. When Member States implement move-on rules, they shall immediately notify the Commission and the Commission shall notify the GFCM Secretariat. [Recommendation GFCM/43/2019/4 provision 27 ] 9.Member States may implement a crop rotation system between their red coral banks to ensure an optimal exploitation and recovery of the colonies. 10. When Member States implement a crop rotation mechanism, they shall immediately notify the Commission and the Commission shall notify the GFCM Secretariat. 🡻982/2019 Art. 1.6 (adapted) ⇨ new Article 4716cb

Spatial ⌦ or ⌫ /temporal closures 1. ⇨ In addition to the closures already established at national level, ⇦ Member States actively harvesting red coral ⇨ may ⇦ shall introduce additional ⇨ spatial or temporal ⇦ closures for the protection of red coral on the basis of the scientific advice available and not later than 11 January 2020. 25. ⌦ Member States establishing closures shall inform the GFCM Secretariat and the Commission without delay. ⌫ 🡻 982/2019Art. 1.6 (adapted) ⇨ new Article 48 ⌦ Remotely operated underwater vehicles (ROVs) ⌫ 2. The use of Remotely Operated underwater Vehicles (ROVs) for the exploitation of red coral shall be prohibited ⇨ in the area referred to in Article 40 ⇦ . 🡻 982/2019 Art. 1.10 (adapted) ⇨ new Article 4922a Fishing authorisations for red coral ⌦ Fleet management measures ⌫ 1. Vessels or fishermen ⌦ fishers shall be ⌫ authorised to harvest red coral in the Mediterranean Sea shall have ⌦ only if they hold ⌫ a valid fishing authorisation ⇨ issued respectively by the flag Member State authority or by the authorities of the coastal Member State where the fishing activities takes place. Such authorisations ⇦ , which shall specify the technical conditions under which the fishery may be carried out. 2. In the absence of an authorisation as referred to in paragraph 1, it shall be prohibited to harvest, retain on board, tranship, land, transfer, store, sell or display or offer for sale red coral. ⇩ new 3. A fishing authorisation may only be granted to a fisher (diver) who complies with standards for professional diving in accordance with national legislation.

🡻 982/2019 Art. 1.10 (adapted) ⇨ new 34. Member States shall maintain an updated register of fishing authorisations referred to in paragraph 1 and shall send to the Commission, by 31 March ⇨ May ⇦ each year, the list of ⇨ fishers and ⇦ vessels for which the authorisations referred to in paragraph 1 were issued. The Commission shall communicate that list to the GFCM Secretariat not later than 30 April ⇨ June ⇦ each year. That list shall include for each vessel ⇨ at least ⇦ the following information ⌦ referred to in Annex VIII ⌫ .: (a)vessel name; (b)vessel register number (code assigned by the contracting party); (c)GFCM registration number (country ISO 3-alpha code + 9 digits, e.g. xxx000000001); (d)port of registration (full name of the port); (e)previous name (if any); (f)previous flag (if any); (g)previous details of deletion from other registers (if any); (h)international radio call sign (if any); (i)VMS or other equipment for vessel geo-localisation (indicate Y/N); (j)vessel type, length overall (LOA) and gross tonnage (GT) and/or gross registered tonnage (GRT) and engine power expressed in kW; (k)safety and security equipment to host observer(s) on board (indicate Y/N); (l)time period in which fishing red coral is authorised; (m)area(s) in which fishing red coral is authorised: GFCM geographical subareas and cells of the GFCM statistical grid; (n)participation in research programmes led by national/international scientific institutions (indicate Y/N; provide some description). 54. Member States shall not increase the number of ⇨ authorised fishers and authorised ⇦ fishing ⇨ vessels ⇦ authorisations until ⇨ scientific advice validated by the GFCM Scientific Advisory Committee ⇦ scientific advice indicates a favourable status of the red coral populations ⇨ that red coral populations have rebuilt to sustainable levels allowing them to sustain increased exploitation ⇦ . ⇩ new

[Recommendation GFCM/43/2019/4 provision 31] 6. Catch and retention on board, transhipment or landing of red coral shall be prohibited for recreational fisheries purposes. 🡻 982/2019 Art. 1.10 (adapted) ⇨ new Article 5022d Designated ports for red coral Authorised fishermen ⌦ fishers ⌫ or fishing vessels shall only land ⇨ and tranship ⇦ red coral catches in designated ports. To this end, each Member State shall designate ports in which landing ⇨ and transhipment of ⇦ red coral is authorised and communicate a list of those ports to the ⇨ Commission by 31 May each year. The Commission shall transmit this list to the ⇦ GFCM Secretariat and the Commission by 30 April ⇨ June ⇦ each year, unless there is no change of designated ports already communicated. ⇨ Member States shall immediately communicate any update of this list to the Commission. The Commission shall transmit these updates to the GFCM Secretariat without delay. ⇦ Article 5122c Prior notification for red coral ⇨ Prior to entry into any port, and at least four hours ⇦ Between two and four hours before the estimated time of arrival at port, ⇨ or at least one hour if the fishing grounds are less than four hours from the port of arrival, ⇦ the masters of the fishing vessels or their representative ⇨ or the authorised fishers, ⇦ shall notify the relevant authorities the following information: (1)(a)the estimated time of arrival ⌦ to the port ⌫ ; (2)(b)the external identification number and the name of the ⇨ authorised ⇦ fishing vessel ⇨ or vessel used for harvesting ⇦ ; (3)(c)the estimated quantity in live weight and if possible the number of red coral colonies retained on board; (4)(d)the information on the geographical ⇨ harvesting ⇦ area ⇨ , preferably with geographical coordinates ⇦ where the catch was taken. Article 5222b Recording of catches for red coral 1. ⌦ Fishers ⌫ Fishermen or masters of the vessels authorised to harvest red coral shall record catches in live weight, and, if possible, the number of colonies, after fishing operations, or, at the latest, when landed at port, in case of daily fishing trips ⇨ their harvest after each harvest operation ⇦. 2. Fishing vessels authorised to harvest red coral shall have on board a logbook in which the daily catches of red coral, irrespective of the live weight of the harvest, and fishing activity by area and depths are recorded, including, where possible, the number of fishing days and dives. That information shall be communicated to the competent national authorities within the deadline laid down in Article 14(6) of Regulation (EC) No 1224/2009.

🡻 2102/2015 Art. 1.4 (adapted) Article 23a Reporting of relevant data to the Commission 13. By 15 December of each year, the Member States concerned shall submit to the Commission: 🡻 982/2019 Art. 1.11(a) (adapted) (a) the data on red coral referred to in ⌦ this ⌫ Article. 22b; and 🡻 2102/2015 Art. 1.4 (adapted) (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 points (a), (b), (c), (d) and (e) respectively of Article 17b(1). 2. The Commission shall transmit the ⌦ this ⌫ information referred to in paragraph 1 to the Executive Secretary of the GFCM ⌦ Secretariat ⌫ by 31 December of each year. ⇩ new [Recommendation GFCM/43/2019/4 provision 36] Article 53 Pilot projects Member States may implement pilot projects to ensure that all fishers or vessels authorised to harvest red coral use a VMS or any other geolocation system allowing control authorities to track their activity at all times during the fishing trips. 🡻 982/2019 Art. 1.10 Article 5422e

Control of landings of red coral Each Member State shall establish a control programme based on risk analysis, in particular to verify the landings and validate the logbooks. 🡻 982/2019 Art. 1.10 (adapted) Article 5522f Transhipment of red coral ⌦ operations ⌫ Transhipment operations at sea of red coral shall be prohibited. ⇩ new [Recommendation GFCM/43/2019/4 provision 40] Article 56 Inspection plan Each Member State shall establish an inspection plan containing the control and enforcement measures set out in this Chapter, taking into account the elements listed in Annex V. These inspection plans shall be communicated to the Commission by 31 December each year and the Commission shall transmit these plans to the GFCM Secretariat by 31 January of the following year. Article 57 Traceability of red coral products [New article. Recommendation GFCM/43/2019/4 provisions 41 to 47 and 49] 1. For a transitional period of three years (2020–2022), Member States may participate in the pilot phase of the Catch Documentation Scheme (CDS), for the purpose of identifying where the origin of red coral is harvested in the GFCM area of application, and implement the following traceability measures: (a)a validated CDS certificate as referred to in Annex X and issued by the competent authorities of the flag State shall accompany all landings, imports, export and re-exports of red coral harvested; (b)each certificate shall have a unique document identification number. Such number shall be specific to the flag State and be assigned to each fisher or authorised vessel. Such certificates shall not be transferable to another fisher or authorised vessel; (c)Member States shall validate the CDS harvest certificates for red coral only when all the information contained in the CDS has been established to be accurate as a result of the verification of the supporting documents and corresponding consignment.

2. Member States participating in the pilot phase shall report to the Commission, and the Commission shall report to the GFCM accordingly, on the implementation of the pilot phase in the context of a permanent CDS for red coral. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 144 of this Regulation, in order to establish a permanent CDS for the purpose of identifying the origin of red coral 🡻 982/2019 Art. 1.10 Article 5822g Scientific information for red coral ⇩ new 1. In addition to the provisions related to red coral contained in the DCRF manual, Member States shall report the data listed below at the bank, GFCM statistical rectangle and national level, when available: (a)number of red coral fishing authorisations granted for fishers and for authorised vessels; (b)number of dives per authorised fisher and fishing trip; (c)number of authorised fishers on board for each fishing trip; and (d)diameter of each colony harvested, if possible. Such data shall be reported by the Member States to the Commission by 31 May and the Commission shall transmit to the GFCM Secretariat by 30 June each year. 🡻 982/2019 Art. 1.10 (adapted) ⇨ new 2. The Member States having fishing fleets targeting ⇨ whose authorised fishers or vessels target ⇦ red corals shall ensure that a mechanism for adequate scientific monitoring of fisheries and catches ⇨ harvests ⇦ is duly in place, with a view to allow the Scientific Advisory committee ⌦ SAC ⌫ of GFCM to provide descriptive information and advice, ⇨ including ⇦ on at least: (a)the deployed fishing effort (e.g. number of fishing ⇨ trips or ⇦ dives ⇨ time ⇦ per week ⇨ , per month or per year ⇦ ) and overall catch levels by stocks at local ⇨ the bank, GFCM statistical rectangle ⇦ , national or supranational level; (b)the conservation and management reference points with a view to further improve the regional management plan in line with the objective of maximum sustainable yield and low risk of stock collapse;

(c)the biological and socio-economic effects of alternative management scenarios, including input/output control and/or technical measures, as proposed by the contracting parties to the GFCM; (d)possible ⇨ additional ⇦ spatial ⌦ or ⌫ /temporal closures in order to preserve fishery sustainability. ⇩ new 3. It shall be prohibited to commercialise red coral colonies harvested within the framework of research programmes on red coral. 4. Member States may deploy national scientific observers on the vessels that have harvested red coral. In case of such deployment, Member States may report the information collected to the Commission and the Commission shall transmit this information to the GFCM Secretariat. CHAPTER IV Demersal Fisheries Section I

Strait of Sicily Article 59 [New article. Recommendation GFCM/42/2018/5 provision 1 and 2] Scope This section applies to all fishing activities by Union bottom trawlers above 10 metres LOA targeting demersal stocks, including European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris), in GSAs 12, 13, 14, 15 and 16 as provided for in Annex I. Article 60 [New article. Recommendation GFCM/42/2018/5 provision 24 and 25] Fisheries management measures or national management plans 1.Member States shall adopt fisheries management measures or national management plans under the scope of this section to ensure that the exploitation levels of demersal stocks, in particular European hake and deep-water rose shrimp, reach and maintain MSY. 2.Member States shall promptly communicate management measures or national management plans adopted and any modifications made to these measures or plans to the Commission by 30 December each year. The Commission shall transmit to the GFCM Secretariat by 31 January of the following year. Article 61 [New article. Recommendation GFCM/42/2018/5 provision 11]

Additional spatial or temporal restrictions 1.Member States may designate additional spatial or temporal restrictions to those already established where fishing activities may be banned or restricted in order to protect spawning and nursery areas. 2.Member States shall communicate to the Commission by 31 May each year the spatial/temporal restrictions in the waters under their sovereignty or under their jurisdiction. The Commission shall transmit this list to the GFCM Secretariat by 30 June each year. Article 62 [New article. Recommendation GFCM/42/2018/5 provision 34] Scientific monitoring Member States shall ensure adequate annual scientific monitoring of the species listed in Article 59. 🡻 982/2019 Art. 1.10 (adapted) ⇨ new Article 6322k Authorisations for bottom trawling fisheries on demersal stocks in the Strait of Sicily 1. Bottom trawling vessels ⇨ actively targeting the species listed in Article 59 ⇦ targeting demersal stocks in the Strait of Sicily (GFCM geographical subareas 12, 13, 14, 15 and 16, as defined in Annex I), shall only be allowed to carry out the specific fishing activities indicated in a valid fishing authorisation issued by the competent authorities and specifying the technical conditions under which such activities shall be carried out. ⇨ Such vessels shall be equipped with a VMS. ⇦ 2. The fishing authorisation referred to in paragraph 1 shall include, in addition to the data defined in Annex I to Commission Implementing Regulation (EU) 2017/218 , the following data: (a)GFCM registration number; (b)previous name (if any); (c)previous flag (if any); (d)previous details of deletion from other registers (if any). 3. Member States shall send to the Commission by 31 October each year the list of vessels for which they issued the authorisation referred to in paragraph 1. The Commission shall communicate that list to the body designated by it and to the GFCM Secretariat not later than 30 November each year. 4. Member States shall communicate to the Commission and the GFCM Secretariat not later than 31 August ⌦ by 31 July ⌫ each year ⌦ and the Commission shall transmit to the GFCM Secretariat not later than 31 August each year ⌫ , in an aggregated format, a report on fishing activities carried out by the vessels referred to in paragraph 1, including the following minimum information:

(a) (i)number of fishing days; (b) (ii)exploitation area; and (c) (iii)captures of European hake and deep-water rose shrimp. Article 6422l Designated ports 1. Each Member State shall designate landing ports in which landings of European hake and deep-water rose shrimp from the Strait of Sicily may take place, in accordance with Article 43(5) of Regulation (EC) No 1224/2009. Member States shall transmit to the GFCM Secretariat and to the Commission not later than 30 November 2018 a list of designated landing ports. Any subsequent change to that list shall be promptly notified to the Commission and to the GFCM Secretariat. 2. It shall be prohibited to land or tranship from fishing vessels any quantity of European hake and deep-water rose shrimp fished in the Strait of Sicily at any place other than in landing ports designated by the Member States. ⇩ new 3. Member States shall specify, for each designated landing port, the permitted landing and transhipping times. Member States shall also ensure inspection coverage of such activities during all landing and transhipping times at all designated landing points. 🡻 982/2019 Art. 1.10 (adapted) Article 6522m International Joint Inspection and Surveillance Scheme in the Strait of Sicily 1. Member States may carry out inspection and surveillance activities in the framework of an International Joint Inspection and Surveillance Scheme (‘the Scheme’) covering the waters outside national jurisdiction in GFCM geographical subareas 12, 13, 14, 15 and 16, as defined in Annex I (‘the inspection and surveillance area’). 2. Member States may assign inspectors and inspection means and carry out inspections under the Scheme. The Commission or a body designated by it may also assign Union inspectors to the Scheme. 3. The Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Union and may draw up, in coordination with the Member States concerned, a joint deployment plan to enable the Union to fulfil its obligation under the Scheme. Member States shall adopt the necessary measures to facilitate the implementation of those plans, particularly as regards the human and material resources required and the periods and geographical areas in which those resources are to be deployed. 4. Each Member State shall, not later than 31 October of each year, notify to the Commission or a body designated by it the list of the names of inspectors authorised to perform the inspection and surveillance in the area referred to in paragraph 1, as well as the names of the vessels and aircraft used for inspection and surveillance which they intend to assign to the Scheme for the following year. The Commission or a body designated by it shall send this information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of inspection activities. 5. Inspectors assigned to the Scheme shall carry a GFCM inspector card issued by the competent authorities, which shall be in the form set out in Annex IV.

6. Vessels carrying out boarding and inspection duties in accordance with the Scheme shall fly a special flag or pennant, as described in Annex V. 7. Each Member State shall ensure that every inspection platform entitled to fly its flag operating in the area referred to in paragraph 1 maintains secure contact, daily where possible, with every other inspection platform operating in that area, to exchange information necessary to coordinate the activities. 8. Each Member State with an inspection or surveillance presence in the area referred to in paragraph 1 shall provide to each inspection platform, upon its entry into the area, a list of sightings established in accordance with Annex VII, of boardings and inspections it has conducted in the previous 10-day period, including dates, coordinates and any other relevant information. Article 6622n Conduct of inspections 1. Inspectors assigned to the Scheme shall: (a)prior to boarding, notify the fishing vessel of the name of the inspection vessel; (b)display, on the inspection vessel and boarding vessel, the pennant described in Annex V; (c)limit each inspection team to a maximum of three inspectors. 2. Upon boarding the vessel, inspectors shall produce the identity card described in Annex IV to the master of the fishing vessel. Inspections shall be conducted in one of the official languages of the GFCM and, where possible, in the language spoken by the master of the fishing vessel. 3. Inspectors shall draw up a report of the inspection in the format set out in Annex IV VI. 4. Inspectors shall sign the report in the presence of the master of the vessel who shall be entitled to add to the report any observations which he or she may think suitable and who must also sign. 5. Copies of the report shall be given to the master of the vessel and to the authorities of the inspection party, which shall transmit copies to the authorities of the flag State of the inspected vessel and to the Commission and/or a body designated by it. The Commission shall forward the copy to the GFCM Secretariat. 6. The size of the inspection party and length of the inspection shall be determined by the commanding officer of the inspection vessel taking into account all relevant circumstances. Article 6722o Infringements 1. For the purposes of this Article, the following activities shall be considered as infringements: (a)the activities referred to in points (a), (b), (c), (e), (f), (g) and (h) of Article 3(1) of Regulation (EC) No 1005/2008; (b)interference with satellite monitoring system; and (c)operating without a VMS.

2. In the case of any boarding and inspection of a fishing vessel during which the inspectors detect an infringement, the authorities of the flag Member State of the inspection vessel shall immediately inform the Commission or a body designated by it, which shall notify the flag State of the inspected fishing vessel both directly and through the GFCM Secretariat. They shall also inform any inspection ship of the flag State of the fishing vessel known to be in the vicinity. 3. The flag Member State of the vessel shall ensure that, following an inspection in which an infringement has been detected, the fishing vessel concerned ceases all fishing activities. The flag Member State shall require the fishing vessel to proceed within 72 hours to a port designated by it, where an investigation shall be initiated. 4. In the event that an infringement has been detected during an inspection, the actions and follow-up taken by the flag Member State shall be notified to the Commission or a body designated by it. The Commission or a body designated by it shall forward the action and follow-up taken to the GFCM Secretariat. 5. Member States’ authorities shall act on inspection reports, as referred to in Article 6622n(3), and statements resulting from documentary inspections by inspectors on a similar basis as they act on reports and statements of national inspectors. ⇩ new Section II Adriatic Sea Article 68 [New article. Recommendation GFCM/42/2019/5 provision 1 and 26] Scope This section applies to all fishing activities targeting demersal stocks, including European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris) and red mullet (Mullus barbatus), by means of otter-trawling, beam-trawling, bottom pair trawling and otter twin trawls, in GSAs 17 and 18 as provided for in Annex I. Article 69 [New article. Recommendation GFCM/43/2019/5 provisions 27] Spatial and temporal closures 1.Member States shall: (a)close the coastal zone, irrespective of depth, out to six nautical miles, or four nautical miles for vessels not allowed to fish beyond six nautical miles, to towed gear targeting demersal stocks, for a continuous period of at least eight weeks on an annual basis;or (b)set a closure of at least 30 continuous days on an annual basis and covering at least 20 percent of territorial waters for fishing activities with otter-trawling, beam-trawling, bottom pair trawling and otter twin trawls, irrespective of their overall length in the areas and periods recognized by Member States as important for the protection of juveniles of demersal stocks, and accounting for migration routes and spatial patterns of juvenile distribution. 2.Member States shall communicate to the Commission, by 31 May of each year, the spatial restrictions, as referred to in paragraph 1, in the waters under their jurisdiction, which they apply with a view to protecting spawning and nursery areas for demersal stocks referred to in Article 68.

3.The Commission shall transmit the information received in accordance with paragraph 2 to the GFCM Secretariat, by 30 June of each year. Article 70 [New article. Recommendation GFCM/43/2019/5 provisions 56 and 57 ] National management plans 1. Member States shall adopt fisheries management measures or national management plans within the scope of this section to ensure that exploitation levels of demersal stocks, in particular European hake, Norway lobster, common sole, deep-water rose shrimp and red mullet, reach and maintain MSY. 2. If the measures referred to in paragraph 1 are modified, Member States shall notify the Commission without delay and the Commission shall communicate such modifications to the GFCM Secretariat by 31 January of the following year. Article 71 [New article. Recommendation GFCM/43/2019/5 provisions 28 and 29] Fleet management measures 1.Member States shall ensure that the overall active fleet capacity of the fleets operating under the scope of this section, in terms of gross tonnage (GT) and/or gross registered tonnage (GRT), engine power (kW) and number of vessels, as recorded both in EU and GFCM registers, does not exceed the fleet capacity for demersal fisheries in 2015 or its average between 2015 and 2017. 2. Paragraph 1 shall not apply to national fleets operating with otter-trawling and fishing for less than 1 000 days during the reference period mentioned in paragraph 1. The fishing capacity of those fleets shall not increase by more than 50 percent with respect to the reference period. Article 72 [New article. Recommendation GFCM/43/2019/5 provisions 30, 31, 32, 33 and 36] Fishing authorisations 1.Member States shall establish a list of vessels flying their flag and authorised to fish for the species listed in Article 68. 2.Each year, Member States shall communicate to the Commission by 31 December the list of authorised vessels flying their flag and actively fishing under the scope of this section. This list shall include, for each vessel, the information referred to in Annex VIII. The Commission shall transmit this list to the GFCM Secretariat by 31 January. 3.Vessels operating within the scope of this section shall only be allowed to carry out specific fishing activities with a valid fishing authorisation issued by the competent authorities. Authorised vessels above 12 metres LOA shall be equipped with a VMS from 1 January 2021 and with an electronic logbook from 1 January 2022. 4.Each Member States shall ensure adequate mechanisms are set up for the recording of each fishing vessel in a national fleet register, for the recording of the vessel's catches and fishing effort via the logbook as well as for the monitoring of fishing vessel activities and landings via catch and effort sampling surveys, according to the rules stipulated by the European Union or each Member State. 5.As of 1 January 2021, for the purpose of collecting fishing effort data for the establishment of a future fishing effort regime, Member States shall report annually to the Commission by 31 May data from the previous year on kW * fishing days by gear and vessel length. The Commission shall transmit this data to the GFCM Secretariat by 30 June each year. Article 73

[New article. Recommendation GFCM/43/2019/5 provisions 43 to 48] Specific measures to address IUU fishing activities 1.Fishers or masters of authorised fishing vessels actively fishing in the Adriatic Sea shall declare all the catch and bycatch of the stocks listed in Article 68. The obligation to electronically declare catch shall apply from 1 January 2022, irrespective of the volume of the catch, to vessels above 12 metres LOA. 2.Member States shall designate landing points where landings by vessels actively fishing for the species listed in Article 68shall take place. For each designated port, Member States shall specify permitted landing and transhipping times and places. Member States shall also ensure inspection coverage of such activities during landing and transhipping times at all designated landing points. 3.It shall be prohibited to land or tranship from fishing vessels any quantity of catches included within the scope of this section, fished using otter-trawling, beam-trawling, bottom pair trawling and otter twin trawls in the Adriatic Sea at any place other than the ports designated by Member States in accordance with paragraph 2 above. 4.By 31 October each year, Member States shall communicate to the Commission any change to the list of designated landing points where landings of stocks referred to in paragraph 2 may take place. By 30 November each year, the Commission shall transmit these changes to the GFCM Secretariat. Article 74 [New article. Recommendation GFCM/43/2019/5 provisions 51, 52, 53] Reporting of catches 1.Authorised trawl vessels, fishing within the scope of this section, shall be equipped with an appropriate system of geopositioning. Authorised trawl vessels above 12 metres LOA shall be equipped with a VMS. For authorised trawl vessels below 12 metres LOA, Member States shall communicate to the Commission the chosen system of geopositioning. 2.All catches irrespectively of the live weight of the catch, as well as catches of non-target species in excess of 50 kg, shall be reported in the logbook. 🡻 2102/2015 Art. 1.2 (adapted) CHAPTER VI Measures for fisheries for small pelagic stocks in the Adriatic Sea ⌦ Section I ⌫

⌦ Adriatic Sea ⌫ ⇩ new Article 75

Scope This section applies to all fishing activities targeting small pelagics, including sardine (Sardina pilchardus) and anchovy (Engraulis encrasicolus) in GSAs 17 and 18 as provided for in Annex I. 🡻 2102/2015 Art. 1.2 (adapted) ⇨ new Article 7616l Management of fishing capacity 1. For the purposes of this Article, the reference fishing capacity for small pelagic stocks is that established on the basis of the lists of fishing vessels of the Member States concerned as communicated to the GFCM Secretariat in accordance with paragraph 22 of Recommendation GFCM/37/2013/1. Those lists include all fishing vessels equipped with trawl nets, purse seines or other types of surrounding nets without purse line ⇨ , actively fishing under the scope of this section in 2014. ⇦ which are authorised to fish for small pelagic stocks and are registered in harbours located in Geographical Sub-Areas 17 and 18, as referred to in Annex I to this Regulation, or which, although registered in harbours located outside those Geographical Sub-Areas on 31 October 2013, are operating in Geographical Sub-Area 17 or 18 or in both. 2. Fishing vessels equipped with trawl nets and purse seines, irrespective of the overall length of the vessel concerned, are classified as fishing actively for small pelagic stocks when sardine and anchovy account for at least 50 % of the catch in live weight. 3. Member States shall ensure that the overall fleet capacity of fishing vessels equipped with trawl nets or purse seines actively fishing for small pelagic ⌦ within the scope of this section ⌫ stocks in Geographical Sub-Area 17, both in terms of gross tonnage (GT) or gross registered tonnage (GRT) and in terms of engine power (kW), as recorded in the national ⇨ fleet register ⇦ and EU fleet registers ⇨ the CFR ⇦ , does not at any time exceed the reference fishing capacity for small pelagic stocks referred to in paragraph 1 ⌦ as provided for in Table B of Annex XII ⌫ . ⇩ new 4. Paragraph 3 shall not apply to the national fleets of less than ten purse seiners or pelagic trawlers actively fishing for small pelagic stocks. In such cases, the capacity of active fleets may increase by no more than 50 % in number of vessels and in terms of GT and kW. 🡻 2102/2015 Art. 1.2 (adapted) ⇨ new 54. Member States shall ensure that fishing vessels equipped with trawl nets and purse seines for small pelagic stocks as referred to in paragraph 2 do not operate for more than 20 fishing days per month and more than 180 fishing days per year. 65.Any fishing vessel not included in the list of authorised fishing vessels referred to in paragraph 1 of this Article 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 or sardine or of both anchovy and sardine if the fishing vessel is engaged on a fishing trip in Geographical Sub-Area 17 or 18 or in both ⌦ GSAs 17 and/or 18 ⌫ . 76.Member States shall communicate to the Commission any addition to, any deletion from or any modification of, the list of authorised fishing vessels referred to in paragraph 1 as soon as such addition, deletion or modification occurs. Those changes shall be 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 ⌦ Secretariat ⌫ ⇨ by 31 January each year ⇦ .

🡻 2102/2015 Art. 1.4 (adapted) Article 7723b Control, monitoring and surveillance of fisheries for small pelagic stocks in the Adriatic Sea 1. By 1 October of each year, Member States shall communicate to the Commission their plans and programmes to ensure compliance with Article 7616l through adequate monitoring and reporting, in particular of the monthly catches and fishing effort deployed. 2. The Commission shall submit the information referred to in paragraph 1 to the Executive Secretary of the GFCM by no later than 30 October of each year. ⇩ new CHAPTER VI Blackspot seabream Article 78 [New article. Recommendation GFCM/43/2019/2, provision 2 and 4] Scope This section applies to all fishing activities targeting blackspot seabream (Pagellus bogaraveo) with longlines and handlines in the Alboran Sea in GSAs 1, 2 and 3 as provided for in Annex I. 🡻 982/2019 Art. 1.8 Article 16n Fishing fleet capacity or fishing effort for blackspot seabream in the Alboran Sea At the latest in 2020, Member States shall maintain the levels of fishing fleet capacity or fishing effort at the levels authorised and applied in recent years for the exploitation of blackspot seabream in the Alboran Sea (GFCM geographical subareas 1, 2 and 3, as defined in Annex I). 🡻 982/2019 Art. 1.3

Article 9e Spatial/temporal restrictions in the Alboran Sea 1. Taking into account the available scientific advice, Member States may establish spatial/temporal restrictions in the Alboran Sea (GFCM geographical subareas 1, 2 and 3, as defined in Annex I), in which fishing activities shall be banned or restricted in order to protect juvenile and/or spawner aggregation areas of blackspot seabream. 2. Member States shall notify to the GFCM Secretariat and the Commission not later than 11 January 2020 the areas and the restrictions applied by them. ⇩ new Article 79 [New article. Recommendation GFCM/43/2019/2 provisions 9 and 10) Maximum level of catches Member States shall maintain the maximum level of catches of blackspot seabream carried out by longlines and handlines, expressed in tonnes live weight, in accordance with the table set out in Annex XIII. ⇩ new Article 80 Technical and conservation measures [New article. Recommendation GFCM/43/2019/2, provisions 11, 12, 13] Member States involved in the blackspot seabream fishery may trial and adopt alternative gear or mitigation measures for gear or materials with a view to prevent negative impact on the seabed. 🡻 982/2019 Art. 1.10 (adapted) ⇨ new Article 8122i

Fishing authorisations and fishing activities ⌦ Fleet management measures ⌫ 1. Member States shall establish a register of the fishing vessels authorised to ⇨ operate with longlines and handlines and carry on board or land quantities of no ⇦ carry on board or land quantities of blackspot seabream caught in the Alboran Sea that constitute more than 20 % of the catch ⌦ of blackspot seabream ⌫ in live weight after sorting per tide. That register shall be maintained and updated. 2. Fishing vessels targeting blackspot seabream shall only be allowed to ⇨ catch or retain on board blackspot seabream if they hold a ⇦ carry out fishing activities if those fishing activities are indicated in a valid fishing authorisation issued by the competent authoritiesand specifying the technical conditions under which such activities may be carried out. The authorisation shall include the data set out in Annex VIII. 3. Member States shall: (a)communicate to the Commission, by 31 January of each year, the list of operating vessels for which the authorisation has been delivered for the current or the following year(s); the Commission shall communicate the list to the GFCM Secretariat by the end of February of each year. The list shall contain the data set out in Annex VIII; (b)communicate to the Commission and the GFCM Secretariat, by the end of November each year, starting from 30 November 2018 and at the latest from 30 November 2020, a report on fishing activities carried out by the vessels referred to in paragraph 1, in an aggregated format, including the following minimum information: (i)number of fishing days, (ii)exploitation area, and (iii)captures ⌦ catches ⌫ of blackspot seabream ⇨ per gear ⇦ . 4. All vessels of more than 12 metres in overall length authorised ⇨ LOA authorised ⇦ to target blackspot seabream shall be equipped with a VMS or any other system of geo-localisation allowing control authorities to track their activities ⇨ at all times during the fishing trip ⇦ . Article 22h Reporting of blackspot seabream daily catches and by-catches Without prejudice to Article 14 of Regulation (EC) No 1224/2009, Member States shall establish a mechanism to ensure that all commercial blackspot seabream daily catches and by-catches in the Alboran Sea (GFCM geographical subareas 1, 2, 3, as defined in Annex I), irrespective of the live weight of the catch, are reported. As for recreational fisheries, Member States shall endeavour to record or make estimations of the catches of that species. ⇩ new Article 82 Control and enforcement measures 1. Member States shall designate ports in which landing blackspot seabream is authorised and immediately communicate any update of this list to the Commission. The Commission shall transmit this list to the GFCM Secretariat. Landings of blackspot seabream shall only take place in designated ports. 2. Prior to entry into any port, except for small-scale vessels, and at least four hours before the estimated time of arrival, the fishers or their representative shall notify the relevant authorities of the following information: (a)estimated time of arrival;

(b)external identification number and name of the fishing vessel; and (c)estimated live weight retained on board. 3. The information stipulated in paragraph 1 may be submitted by the fishers or their representatives up to one hour before the estimated time of arrival, where the fishing grounds are less than four hours away from the port of arrival. 4. Without prejudice to Article 14 of Regulation (EC) No 1224/2009, fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall report all daily catches, irrespective of the live weight of the catch and record or make estimations of the catches of that species. 5. Each Member State shall establish a control programme based on risk analysis, in order to verify the landings and validate the logbooks. 6. Transhipment operations at sea shall be prohibited. 🡻 982/2019 Art. 1.10 (adapted) ⇨ new Article 8322j Scientific monitoring Member States having fishing fleets targeting blackspot seabream shall ensure that a mechanism for adequate monitoring of fisheries and catches is duly in place with a view to allowing the SAC to provide descriptive information and advice on at least the following: (1)(a)the characteristics of the fishing gear, inter alia the ⇨ characteristics of the ⇦ maximum length of the longline and fixed nets and the number, type and size of the hooks ⇨ used in handlines and longlines ⇦ ; (2)(b)the deployed fishing effort (e.g. number of fishing days per week) and overallcatch levels by commercial fishing fleets; an estimation of catches of recreational fisheries should also be provided; (3)(c)the conservation and management reference points with a view to ⇨ ensuring the sustainability of ⇦ establishing multiannual management plans for sustainable fisheries in line with the objective of maximum sustainable yield and low risk of stock collapse; (4)(d)the socioeconomic effects of alternative management scenarios, including input/output control and/or technical measures, as identified by the GFCM and/or contracting parties; (5)(e)possible spatial ⌦ or ⌫ /temporal closures in order to preserve fishery ⇨ aimed at ensuring the ⇦ sustainability ⇨ of the stock and of the fisheries exploiting it ⇦ ; (6)(f)the potential impact of recreational fisheries on the ⇨ conservation ⇦ status of blackspot seabream stock(s). 🡻 1343/2011 (adapted)

CHAPTER IIVII Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices ⇩ new Article 84 [New article. Recommendation GFCM/43/2019/1 provision 5] Scope This Chapter applies to all fishing activities targeting common dolphinfish (Coryphaena hippurus) using Fishing Aggregate Devices (FADs) in international waters of the Mediterranean Sea. 🡻1343/2011