1 
' ~tM OOMWTSSTON OF THF FTTROPFAN COMV1UNTTTFS 
COM(93) 500 final 
Brussels, 15 October 1993 
I 
!gl| Amended proposal for a 
COUNCIL REGULATION (EEC) 
harmonizing various technical measures in Mediterranean fisheries 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
Explanatory Memorandum 
Pursuant to the wishes expressed by the Council at its meeting on 20 November 1990 and 
equally convinced of the need to act to conserve fish stocks in the Mediterranean, on 11 
December 1992, the Commission presented a proposal for a Council Regulation harmonizing 
various technical measures in Mediterranean fisheries. 
The product of work over a long period bringing together the texts in force at national level 
and of consultations with those working in the industry in all the Member States concerned, 
the proposal was the subject of informed debate within all Community institutions. The 
opinion issued by Parliament(1) gives the Commission the opportunity of further improving 
its proposal by directly including some of the amendments suggested and using others as a 
basis for improvements in those cases where it is in agreement with the arguments put 
forward but, given the need to maintain the coherence of the text, unable to accept the 
amendments as presented. 
1. In the preamble, changes are made to the second and fourth recitals to better define 
the scope of the proposal and a new third recital is introduced giving a better 
definition of the link that must exist between the system established within 
Community waters and the more general arrangements currently being negotiated and 
to be introduced for the Mediterranean. The status in Community ports of vessels 
flying the flags of third countries is also clarified. 
2. The amendments to the initial proposal, in addition to greatly clarifying the residual 
responsibilities of the Member States laid down in Articles 1 and 7, introduce a 
number of important concepts: 
keeping equipment on board the use of which is considered to be harmful to stocks 
or to the marine environment is prohibited (Articles 2 and 6); 
Article 2 is extended to further types of gear; 
the minimum depth for the use of towed nets is reduced from 100 m to 50 m and the 
criteria for the use of encircling nets are more clearly defined (Article 3); 
certain provisions concerning the use of bottom trawls (Article 3) and bottom nets 
(Annex II) are introduced. 
(1) Doc. PE 204.945/fin. of 29 June 1993. 
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Amended proposal for a 
COUNCIL REGULATION (EEC) 
harmonizing various technical measures in Mediterranean fisheries 
C0M(92)533 final 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
The text of the proposal is hereby amended as follows: 
Second recital 
Whereas, however, the time has now come to remedy the problems currently affecting 
resources in the Mediterranean by introducing a harmonized management system suited to 
the circumstances there, while taking into account existing national regulations and making 
adjustments to the latter as required to protect stocks in a balanced and, where appropriate, 
progressive manner: 
Third recital (new) 
Whereas the Community must also seek.Jn cooperation with all the coastal states concerned, 
to establish a common policy for the m an a tie ment and exploitation of Mediterranean fish 
stocks: whereas, furthermore, the management system introduced by this Regulation covers 
operations relating to the fishing of Mediterranean stocks carried out in Community ports by 
vessels flying the flags of third countries; 
Fourth recital 
Whereas gear which, when used in the Mediterranean, contributes excessively to the 
degradation of the marine environment or to the running-down of certain stocks should be 
prohibited; whereas part of the coastal zone should be reserved for the most selective gears 
used by small-scale fishermen; whereas, notwithstanding the geographical scope of Council 
Regulation (EEC) No 3094/86(4), Articles 9 and 9a of that Regulation concerning drifting 
gillnets and purse seines are already explicable in the Mediterranean; 
(4) OJ No L 288, 11. 10. 1986, p. 1. 
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Article 1(2) 
2. Member States with a Mediterranean coastline shall be entitled to legislate in the 
areas covered by paragraph 1 by adopting measures supplementary to, or going 
beyond the minimum requirements of, the system established by this Regulation, 
provided such measures are compatible with Community law and in conformity with 
the common fisheries policy. 
Article 1(3) 
3. The Commission must be informed of all such measures which it is proposed to adopt 
under the conditions described in paragraph 2 in time for it to present its 
observations. 
[The rest of paragraph 3 is unchanged.] 
Article 2 
1. The use for fishing purposes and the keeping on board of toxic, soporific or corrosive 
substances, electric shock generators and of explosives shall be prohibited. 
2. The use of Saint Andrew's crosses and similar towed gear for harvesting coral and 
the use of pneumatic hammers or other percussive instruments for the collection of 
lithophagous molluscs shall be prohibited. 
3. The use of encircling and towed nets set from a boat and operated from the shore 
shall be prohibited as frorm 1 January 1997. 
Article 3 
1. The use of all types of towed net shall be prohibited within three nautical miles of the 
coast or within the 50 m isobath where that depth is reached at a shorter distance, 
irrespective of the method of towing or haulage, except where a derogation is 
provided for in national legislation adopted in the framework of Article 1(2) in 
respect of a three-mile coastal zone which extends beyond the territorial waters of a 
Member State. 
2. Fishing with bottom trawls above the Posidonian beds (Posidonia Oceanica) or other 
marine phanerogams shall be prohibited. 
3. It shall be prohibited to set any type of encircling net in waters less than 35 m deep 
and, in any case, less than 300 m from the coast. 
4. [Unchanged] 
Allât le 0(1) 
1. Any trawl or similar towed gear, gillnet or encircling net used or kept on board must 
have a mesh size which, in that part of the net having the smallest meshes, is equal 
to or greater than one of the minimum mesh sizes listed in Annex III. 
Article 7 
Member States may prohibit landings outside places specially prepared or authorized for that 
purpose. 
Annex I, first heading 
ENCIRCLING NETS 
[Text unchanged] 
Annex II, fourth heading 
BOTTOM-SET NETS (GILLNETS AND ENTANGLING NETS) 
It is prohibited to set more than 20 000 m2 per vessel. 
It is prohibited to set bottom nets at a depth of less than double the drop of the net. 
ISSN 07S4-147S 
COM(93) 500 final 
DOCUMENTS 
EN 03 06 
Catalogue number : CB-CO-93-535-EN-C 
ISBN 92-77-59836-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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