(2)

in Title II, the following Chapters IV, V and VI are added: ‘Chapter IV Conservation and sustainable exploitation of red coral Article 16a Scope The provisions of this Chapter shall apply without prejudice to Article 4(2) and Article 8(1), points (e) and (g) of Regulation (EC) No 1967/2006 or any stricter measures stemming from Council Directive 92/43/EEC (*). Article 16b Minimum depth for harvesting 1. The harvesting of red coral shall be prohibited at a depth of less than 50 m until scientific studies, as validated by the GFCM's Scientific Advisory Committee (SAC), indicate otherwise . [Am. 3] 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 27 to grant derogations from paragraph 1. Those delegated acts shall include rules ensuring scientific evaluation of the zones subject to derogations. Member States which have already transposed Recommendation GFCM/35/2011/2 and developed appropriate national management frameworks, and which have already informed the Commission to that effect, shall not be subject to the derogation procedure under this Article. [Am. 4] 3. Derogations as referred to in paragraph 2 may only be granted if the following conditions are complied with: (a) an appropriate national management framework is in place, including a fishing authorisation scheme in accordance with Article 7 of Council Regulation (EC) No 1224/2009 (**); (b) recent studies on abundance and spatial distribution of red coral colonies have been carried out at national level; (c) adequate spatio-temporal closures ensure that only a limited number of red coral colonies are exploited; and (d) the relevant Member State carries out a scientific evaluation of the zones subject to derogation. 4. Member States which intend to request a derogation as referred to in paragraph 2 shall submit to the Commission: (a) the scientific and technical justifications; (b) the list of fishing vessels authorised to carry out the harvesting of red coral at a depth of less than 50 m and (c) the list of fishing zones where that activity is authorised, as identified by geographic coordinates both on land and at sea. 5. The Commission may adopt implementing acts as regards the format and transmission of the request for derogation referred to in paragraph 4 and of the results of the scientific evaluation referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2). 6. The Commission shall inform the Executive Secretary of the GFCM of the decisions taken pursuant to paragraph 2 and of the results of the scientific evaluation referred to in that paragraph. Article 16c Minimum basal diameter of colonies 1. Red coral from colonies of red coral whose basal diameter is smaller 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 a raw product. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 27 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. Member States which have already transposed Recommendation GFCM/35/2011/2 and developed appropriate national management frameworks, and which have already informed the Commission to that effect, shall not be subject to the derogation procedure under this Article. [Am. 5] 3. Derogations as referred to in paragraph 2 may only be granted if the following conditions are complied with: (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 stating objectives, priorities and benchmarks for inspection activities are in place. [Am. 6] 4. Member States requesting a derogation under paragraph 2 shall submit to the Commission the scientific and technical justifications for that derogation. 5. The Commission may adopt implementing acts on the format and transmission of the scientific and technical justifications referred to in paragraph 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2). 6. The Commission shall inform the Executive Secretary of the GFCM of the decisions taken pursuant to paragraph 2. Article 16d Gear and devices 1. For the harvesting of red coral, the only permitted gear shall be a hammer used manually by professional fishermen recognised as such by the Member State concerned . [Am. 7] 2. The use of Remotely Operated under-water Vehicles (ROVs) for the exploitation of red coral shall be prohibited. Unless scientific advice states otherwise , that prohibition shall cover, as from 1 January 2015 1 January 2016 , the use of ROVs which may have been authorised by Member States in zones under national jurisdiction exclusively for observation and prospection of red coral on the basis of paragraphs 3(a) or 3(b) of Recommendation GFCM/35/2011/2. [Am. 8] 2a. Paragraph 2 shall not apply in relation to Member States which have not yet authorised the use of ROVs for prospection and which may wish to do so. Such authorisation shall be granted only on the basis of scientific results obtained in the context of national management frameworks and showing no negative impact on the sustainable exploitation of red coral. [Am. 9] 2b. The use of ROVs may be authorised in zones under national jurisdiction only and within a framework allowing for scientific experimental campaigns both for observation and harvesting during a limited period not extending beyond 2015, carried out under the supervision of national research institutions and/or in collaboration with national or international bodies as well as any other relevant stakeholders. [Am. 10] Chapter V Reduction of the impact of fishing activities on certain marine species Article 16e Scope The provisions of this Chapter shall apply without prejudice to any stricter measures stemming from Directive 92/43/EEC or Directive 2009/147/EC of the European Parliament and of the Council (***) and to Council Regulation (EC) No 1185/2003 (****). Article 16f Incidental catches of seabirds in fishing gears 1. Masters of fishing vessels shall promptly release seabirds incidentally caught in fishing gears. 1a. Fishing vessels shall not bring seabirds ashore except within the framework of national plans for the conservation of seabirds or to secure assistance for the recovery of harmed individual seabirds, and provided that the competent national authorities have been duly and officially informed, prior to the vessel concerned returning to port, of the intention to bring such seabirds ashore. [Am. 11] Article 16 g Incidental capture of sea turtles in fisheries 1. Masters of fishing vessels shall promptly release Specimens of sea turtles incidentally taken in fishing gears shall be safely handled and released unharmed and alive sea turtles incidentally taken in fishing gears back to the sea , to the extent that this is possible . [Am. 12] 2. Masters of fishing vessels shall not bring ashore sea turtles, unless as part of a specific rescue or national conservation programme or unless this is otherwise required in order to rescue and secure assistance for the recovery of harmed and comatose individual sea turtles and provided that the competent national authorities concerned have been duly and officially informed prior to the vessel concerned returning to port. [Am. 13] 3. To the extent practicable, vessels using purse seines for small pelagic species or surrounding nets without purse line for pelagic species shall not encircle avoid encircling sea turtles. [Am. 14] 4. Vessels using long-lines and bottom-set gillnets shall carry on board safe handling, disentanglement and release equipment to ensure that sea turtles are handled and released in a manner that maximises the probability of their survival. Article 16h Incidental capture of monk seals (Monachus monachus) 1. Masters of fishing vessels shall not take on board, tranship and land monk seals, unless this is required in order to rescue and to secure assistance for the recovery of harmed individual animals and provided that the competent national authorities concerned have been duly and officially informed prior to the vessel concerned returning to port. 2. Masters of fishing vessels having Specimens of monk seals incidentally taken specimens of monk seals in their fishing gears shall promptly release them be released unharmed and alive. Should such a monk seal be already dead, the carcass of dead specimens shall be landed, and shall be seized and destroyed by the national authorities notified, at the latest upon arrival in port . [Am. 15] Article 16i Incidental capture of cetaceans Masters of fishing vessels shall promptly return to the sea Specimens of cetaceans incidentally caught taken in fishing gears shall be safely handled and released unharmed and alive, to the extent that this is possible . [Am. 16] Article 16j Protected sharks and rays 1. Sharks and rays species which are included in Annex II to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (*****) shall not be retained on board, transhipped, landed, transferred, stored, sold or displayed or offered for sale. 2. Fishing vessels that have incidentally caught sharks and rays of the species included in Annex II to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean shall promptly release them unharmed and if they are alive. [Am. 17] Article 16k Identification of sharks Beheading and skinning of sharks on board and before landing shall be prohibited. Beheaded and skinned sharks may not be marketed at the first sale markets after landing. Chapter VI Measures for fisheries for small pelagic stocks in the Adriatic Sea Article 16l Management of fishing capacity 1. For the purpose of this Article, the reference fishing capacity for small pelagic stocks is that established on the basis of the lists of vessels of the Member States concerned communicated to the GFCM Secretariat in accordance with paragraph 22 of Recommendation GFCM/37/2013/1. Those lists include all vessels equipped with trawl nets, purse seines or other types of surrounding nets without purse line authorised to fish for small pelagic stocks and registered in harbours located in Geographical Sub-Area 17 and 18, as referred to in Annex I, or operating in Geographical Sub-Area 17 and/or in Geographical Sub-Area 18 although registered in harbours located in other Geographical Sub-Areas as at 31 October 2013. 2. Vessels equipped with trawl nets and purse seines, irrespective of the length overall of the vessel concerned, are classified as fishing actively for small pelagic stocks when sardine and/or anchovy account for at least 50 % of the catch in live weight in any given fishing trip. [Am. 18] 3. Member States shall ensure that the overall fleet capacity of vessels equipped with trawl nets or purse seines actively fishing for small pelagic stocks in Geographical Sub-Area 17, both in terms of gross tonnage (GT) and/or gross registered tonnage (GRT) and in terms of engine power (kW), as recorded in the national and EU fleet registers, does not at any time exceed the reference fishing capacity for small pelagic stocks referred to in paragraph 1. 4. Member States shall ensure that vessels equipped with trawl nets and purse seines for small pelagic stocks as identified in paragraph 2 do not operate for more than 20 fishing days per month and do not exceed 180 fishing days with a registered catch per year. [Am. 19] 5. Any vessel not included in the list of authorised vessels referred to in paragraph 1 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 and/or sardine if the vessel is engaged on a fishing trip in Geographical Sub-Area 17 and/or in Geographical Sub-Area 18. 6. Member States shall communicate to the Commission any addition to, any deletion from, and/or any modification of, the list of authorised vessels referred to in paragraph 1 as soon as they occur. Those changes are 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. (*) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7)." (**) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1)." (***) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 147, 01.07.2013, p. 1)." (****) Council Regulation (EC) No 1185/2003 of 26 June 2003 on the removal of fins of sharks on board vessels (OJ L 167, 4.7.2003, p. 1)." (*****) Council Decision 1999/800/EC of 22 October 1999 on concluding the Protocol concerning specially protected areas and biological diversity in the Mediterranean, and on accepting the annexes to that Protocol (Barcelona Convention) (OJ L 322, 14.12.1999, p. 1).’;"