Proposal for a Council Regulation concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea and amending Regulations (EC) No 2847/93 and (EC) No 973/2001
Date: 2003-10-09
Institutions: European Commission
Subjects: Malta, Mediterranean Sea, common fisheries policy, conservation of fish stocks, fishing area, fishing controls, fishing net, fishing regulations, recreational fishing

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 9.10.2003
COM(2003) 589 final

2003/0229 (CNS)

Proposal for a

COUNCIL REGULATION

concerning management measures for the sustainable exploitation of fishery resources
in the Mediterranean Sea and amending Regulations (EC) No 2847/93 and (EC) No
973/2001

(presented by the Commission)

 
EXPLANATORY MEMORANDUM

I. Introduction

The  poor  state  of  several  Mediterranean  fish  stocks  and  the  inadequacy  of  the  current
exploitation  pattern  to  secure  sustainable  fisheries  have  been  repeatedly  pointed  out  by  the
scientific  community.  Overall  production  and  catch  rates  have  been  steadily  decreasing,
despite the increase in fishing effort, as compared with yields obtained 20 or more years ago.
For example, in some of the most productive areas such as the Adriatic and the strait of Sicily,
overall  catch  rates  per  unit  of  effort  have  diminished  by  more  than  60%.  In  the  case  of
scallop, catch rates have been reduced by more than 90%. Analogous examples are available
for other areas and resources.

This reduction of  yield has  occurred even taking into account the  reduction  of  discards:  the
amount  of  fish  discarded  has  decreased  substantially  because  of  the  diminution  of  the
formerly  abundant  stocks,  which  have  made  it  more  profitable  to  land  species  and  size
categories that were usually discarded in the past.

The low level of the spawning stock biomass is of concern for several important stocks. The
protection of juvenile fish is fundamental to secure both the production potential of stocks and
a safety level of adults in the populations. This can be achieved both by improving selectivity
of fishing methods and by the protection of nursery areas.

Mediterranean  fisheries  are  now  exploiting,  by  simultaneous  or  consecutive  use  of  several
fishing practices, all the fish and fishing grounds available down to a depth of more than 800
metres.  The  gradual  extension  of  fishing  activities  to  off-shore  fishing  grounds,  exploiting
either new stocks or new parts of already over-harvested stocks, have assured the potential for
growth of Mediterranean fisheries until the recent past.

Exploitation of deeper fishing grounds calls for a more cautious approach, however, because
of  the  low  productivity  of  such  biological  systems,  which  makes  deepwater  fish  more
vulnerable to fishing, and the presence of important but not yet well identified habitats.

II.  Commission  Action  Plan  for  the  conservation  and  sustainable  exploitation  of
Mediterranean fisheries resources

In  the  context  of  the  reform  of  the  Common  Fisheries  Policy,  the  Commission  adopted  a
Communication  to  the  Council  and  the  European  Parliament  laying  down  a  Community
action  plan  for  the  conservation  and  sustainable  exploitation  of  fishery  resources  in  the
Mediterranean Sea under the Common Fisheries Policy (COM(2002) 535 final of 9 October
2002).  In  this  action  plan,  the  Commission  outlined  the  main  elements  of  the  future
Mediterranean fisheries policy, with a special emphasis on conservation policy.

The  Action  Plan  underlined  the  Mediterranean  specificity.  Such  specificity  means  that,
although  the  objectives  of  Community  fisheries  management  as  laid  down  in  Council
Regulation  (EC)  n°  2371/2002  must  be  the  same  for  the  Mediterranean  as  for  other
Community  areas,  the  instruments  to  achieve  such  objectives  must  be  adapted  to  the
specificity  of  Mediterranean  fisheries,  both  to  take  into  account  the  different  biological,
geographical and legal situations in this region, and to build on the experience and practices
of fishermen’s organisations.

2

The  Council  adopted  conclusions  on  this  Action  Plan  in  December  2002.  The  European
Economic  and  Social  Committee  adopted  its  opinion  on  26  March  2003.  The  European
Parliament  adopted  its  resolution  on  19  June  2003.  These  conclusions  largely  endorse  the
Commission’s approach while stressing differently some points.

Two  elements  of  the  Action  Plan  are  of  particular  importance:  (1)  the  updating  of  the
technical measures regulation applicable to  the Mediterranean  (Regulation  1626/94)  and the
introduction of Community fishing effort management in the area, and (2) the discussion on
the  possible  extension  of  fisheries  jurisdiction  by  Community  Member  States  in  the
Mediterranean,  if  possible  as  part  of  a  broader  multilateral  initiative  involving  the  other
coastal  states  of  the  region.  This  proposal  concerns  the  first  of  these  two  objectives.  The
second  will  be  the  subject  of  a  diplomatic  conference  convened  by  the  Community  for
November 2003 in Venice.

III. Structure and content of the proposal Regulation

This  proposal  revises  and  replaces  the  measures  laid  down  in  Regulation  1626/94  while
maintaining  some  of  its  elements  that  are  widely  accepted  by  the  Mediterranean  fisheries
stakeholders  and  public  opinion.  The  proposal  takes  into  account  recommendations  and/or
opinions expressed by the Scientific, Technical and Economic Committee for Fisheries of the
European  Commission  (STECF),  by  the  FAO  General  Fisheries  Commission  for  the
Mediterranean (GFCM) and by the International Commission for the Conservation of Atlantic
Tunas  (ICCAT),  as  well  as  by  the  Member  States  in  their  proposals  for  specific  recovery
plans.  But  it  also  adds  some  significant  new  elements  drawn  to  the  attention  of  the
Commission by the stakeholders both during the regional workshops and by correspondence. 

The proposal, in particular:

–  introduces new technical measures to improve the selectivity of the current  40 mm mesh
size  for  towed  nets,  without  immediate  increasing  of  the  mesh  size,  and  puts  forward  a
two-stage approach towards increasing the minimum mesh size to 60 mm over the next six
years;

–  strengthens the current ban on the use of towed gears in coastal areas;

–  limits the overall sizes of certain fishing gears that affect fishing effort;

–  introduces  a  procedure  for  establishing  temporary  or  permanent  closures  of  areas  to

specific fishing methods, either in Community or international waters;

–  provides  for  the  adoption in the Mediterranean  area of  management  plans  combining  the

use of effort management with technical measures;

–  introduces  provisions  to  ensure  that  leisure  fishing  is  conducted  in  a  way  that  reduces
interference with professional fishing and does not jeopardize the sustainability of certain
resources;

–  delegates powers to Member States to regulate, in their territorial waters and under certain
conditions,  fishing  activities  that  do  not  have  any  significant  Community  dimension  or
environmental  impact,  including  certain  local  fisheries  currently  authorised  under
Community law.

3

The proposal also introduces conservation measures in the 25-mile management zone around
Malta  in  accordance  with  the  guidelines  fixed  in  the  Treaty  of  Accession  to  the  European
Union 2003. 

Structure of the proposal

The proposal comprises the following sections.

Chapter I: scope and definition

This  section  sets  out  the  geographical  scope  of  the  Regulation  and  defines  some  technical
terms.

Chapter II: Protected species and habitats

This  part  of  the  proposal  incorporates  into  the  common  fisheries  policy  the  protection  of
certain marine species provided for in various international conventions and provides for the
protection of sea-grass beds from certain fishing gears.

Chapter III. Protected areas

Protected  areas  in  which  certain  types  of  fishing  are  banned  or  restricted  are  considered  a
potentially  effective  instrument  to  protect  juveniles  of  a  number  of  species  and  the  marine
environment. This part of the proposal establishes a procedure to set up such areas. It is also
proposed that Member States may establish such areas within their territorial waters, subject
to notification requirements and review by the Commission. 

Chapter IV: Restrictions concerning fishing gears

This  part  of  the  proposal  sets  out  conditions  for  the  use  of  fishing  gears,  with  the  aim  of
prohibiting  or  limiting  the  activity  of  gears  that  may  have  negative  effects  on  the  marine
environment,  as  well  as  ensuring  minimum  conditions  of  selectivity  for  authorised  gear,  to
protect juvenile fish and reduce discarding.

A fundamental aim of the proposal is  gradually to increase the  current mesh size of  bottom
trawl  to  60  mm  (from  40  mm  today).  This  will  improve  size  selectivity  and  secure  higher
yields and a higher probability that juveniles will enter the adult population and contribute to
the  replenishment  of  stocks.  It  is  proposed  that  this  process  be  achieved  in  stages,  by  an
increase to 50 mm before the end of 2005 and to 60 mm before the end of 2008. Other short-
term actions, such as closed areas and limitation of fishing effort, should help to increase the
size of both fish stocks and individual fish which will reduce the short-term impact on yields
of a future increase in mesh size.

The  selectivity  of  trawl  fishing  gears  is  also  determined  by  the  rigging  of  the  gear.  The
authorised devices  to  be  attached to trawl nets,  as  laid down in  the  Regulation  N°  3440/84,
need  to  be  complemented  with  measures  on  the  rigging  of  the  trawl  nets  to  take  into
consideration the development of fishing technology.

The proposal contains rules on the maximum dimension of certain fishing gear in order to put
a ceiling on fishing effort.

Protecting coastal areas from trawling remains a fundamental objective, both in terms of the
protection of nursery  grounds of juvenile fish and the preservation of sensitive  habitats.  For
this reason, Community rules are proposed on the minimal distance from the coast at which
certain gears may be used. 

4

Chapter V. Minimum sizes of marine organisms

Mediterranean  fisheries  exploit  all  the  life  stages  of  several  species.  The  establishment  of
minimum  landing  sizes  remains  an  essential  means  of  allowing  juveniles  to  mature  and  to
reproduce.

Hermaphroditic  species  are  particularly  vulnerable  to  excessive  and  size  unselective
exploitation. Some of them, very important to sustain local fishing communities, are reported
to  have  collapsed  or  be  on  the  verge  of  collapse.  It  is  therefore  important  to  establish  the
minimum  landing  size  for  these  resources,  even  though  most  of  them  are  mainly  caught  in
coastal fisheries.

On hake, a stepwise approach is proposed. A temporary reduction of the landing size to 15 cm
is proposed, on the basis of its better correspondence with the selectivity of the current 40mm
mesh, pursuant changes in the rigging of the fishing gear, and the proposed 50mm mesh size.
When  the  mesh  is  increased  to  60  mm  (from  2009),  a  minimum  landing  size  of  20cm,
corresponding to the selectivity of that mesh, should be implemented.

Recommendation  2002/1  of  GFCM  and  opinion  of  the  STECF  stipulate  that  small  pelagic
stocks  should  be  harvested  after  first  maturity.  In  the  light  of  these  advice,  the  minimum
landing size for anchovy has been revised while a new one for sardine has been incorporated.

Chapter VI. Non-commercial fishing

This chapter deals with the need to establish limits on leisure fishing, in order to ensure that
this  activity  does  not  interfere  with  commercial  fishing  or  undermine  the  sustainable
exploitation of stocks. Leisure fishing should also contribute data on highly migratory species
such as bluefin tuna, swordfish and large pelagic sharks.

Chapter VII. Management plans

The  multiple-species  nature  of  many  Mediterranean  fisheries,  together  with  technical
interactions between fishing practices, call for the adoption of integrated management systems
at Community level when appropriate. These plans may be suggested by Member States or by
a  Regional  Advisory  Council  and  will  be  adopted  by  the  Council  on  a  proposal  from  the
Commission.

Although  the  Commission  proposes  that  management  of  coastal  fisheries  exploiting  not
shared  stocks  should  be  largely  delegated  to  the  Member  States,  the  latter  are  required  to
implement management plans by the end of 2004 in respect of non-trawl fisheries conducted
within their territorial waters.

Chapter VIII. Control measures

This chapter proposes rules aimed at improving enforcement and the control of Mediterranean
fisheries  such  as  designated  port  and  a  lower  minimum  quantity  for  recording  catches  in
logbooks.

Chapter IX. Highly migratory species

Council  Regulation  (EC)  n°  973/2001  abolished  the  former  Community  minimum  landing
size of 120 cm for swordfish, with a view to setting a new minimum landing size compatible
both  with  size  of  reproduction  and  with  the  current  exploitation  pattern.  ICCAT  has  not,

5

however, adopted a recommendation on this issue. As the Community accounts for more than
75% of the catches of this species in the Mediterranean, it is appropriate to introduce a new
Community minimum size, as well as longline specifications to match this limit and a four-
month  fishing  ban,  from  the  beginning  of  October  to  the  end  of  January,  for  longliners
targeting certain highly migratory species in order to reduce substantially catches of juvenile
swordfish.

Substantial activity of driftnets illegally catching highly migratory species has been recorded
in recent years, despite the implementation of Council Regulation n° 1239/98. To counteract
this trend, a ban on catching certain highly migratory species by bottom-set nets and anchored
floating  nets  is  proposed.  Furthermore,  a  limitation  in  the  size  of  combined  bottom-set  nets
together  a  specification  of  twine  thickness  is  also  proposed.  Both  rules,  while  not  affecting
yields  of  species  commonly  targeted  by  small-scale  fisheries,  should  improve  compliance
with  Council  Regulation  n°  1239/98  and  also  contribute  to  reduce  the  mortality  of  small
cetaceans.

Chapter X. Provisions for the water around Malta

This chapter implements  the measures  agreed in  the  Treaty  of  Accession  2003  for  Malta  to
limit fishing in the 25-mile management zone to coastal fishing for vessels less than 12 metres
except for a limited number of larger vessels undertaking specific fisheries. These measures
are in line with the Mediterranean strategy for the CFP, namely, to enforce both fishing effort
management, particularly by allocating it to different areas depending on the type of fishing
vessels  and  exploited  environments  and  to  improve  the  exploitation  pattern  by  technical
measures, including closed areas for certain fishing gears.

ChapterXI. Final provision

This  chapter  contains  provisions  concerning 
the  Commission  of
implementing regulations and the repeal of previous Community legislation on Mediterranean
fisheries.

the  adoption  by 

IV. Additional national measures

This proposal provides framework for Community management of fisheries resources in the
Mediterranean. It includes a significant number of Community rules for fisheries of common
interest,  procedures  for  the  further  development  of  Community  rules,  such  as  fisheries
management plans, and obligations for Member States to develop national rules for fisheries
conducted exclusively within territorial waters.

It  should  be  recalled  that,  in  accordance  with  Articles  9  and  10  of  Council  Regulation
2371/2002,  the  framework  Regulation  of  the  CFP,  any  Member  State  may,  subject  to
the  conservation  and
take  non-discriminatory  measures  for 
notification  procedures, 
management  of  fisheries  within  12  nautical  miles  of  its  baselines  and,  in  respect  of  other
waters under its jurisdiction, measures applying solely to fishing vessels flying its flag.

Mediterranean  Member  States  are  encouraged  to  take  such  additional  national  measures
whenever  necessary  to  ensure  the  conservation  of  fisheries  resources  or  protection  of  the
marine ecosystem.

6

V. Stakeholder consultations

The  Commission  has  consulted  the  Mediterranean  fishing  industry  twice  during  the
preparation  of  this  proposal.  The  points  made  by  the  industry  in  such  consultations  have
influenced some of its most important parts. For example, the idea of establishing integrated
management  plans  linking  effort  management  and  technical  measures,  the  maintenance  and
strengthening  of  the  ban  on  trawl  nets  in  coastal  areas,  the  need  to  establish  limitations  on
leisure  fisheries  ,  the  need  to  improve  the  exploitation  pattern  in  the  short  term  by  closed
areas/seasons  instead  of  generalised  increases  in  mesh  size,  and  the  delegation  to  Member
States  of  certain  local  management  decisions,  were  strongly  recommended  by  industry
representatives.

7

2003/0229 (CNS)

Proposal for a

COUNCIL REGULATION

concerning management measures for the sustainable exploitation of fishery resources
in the Mediterranean Sea and amending Regulations (EC) No 2847/93 and (EC) No
973/2001

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
37 thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1) 

(2) 

(3) 

The  provisions  of  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on
the conservation and sustainable exploitation of fisheries resources under the Common
Fisheries Policy3 apply to the Mediterranean Sea.

By Decision 98/392/EC4 the Council has approved the United Nations Convention on
the  Law  of  the  Sea,  which  contains  principles  and  rules  relating  to  the  conservation
and management of the living resources of the high seas.  In accordance with Article
122 of that Convention, the Mediterranean Sea can be classified as semi-enclosed sea
and the Community attempts to coordinate the management and conservation of living
aquatic resources with other coastal States. 

Pursuant  to  Decision  98/416/EC5  the  Community  is  a  Contracting  Party  to  the
Agreement  on  the  General  Fisheries  Commission  of  the  Mediterranean,  (hereinafter
the “GFCM”). The GFCM agreement provides a framework for regional cooperation
on the conservation and management of Mediterranean marine resources by adopting
recommendations in the area covered by the GFCM Agreement which become binding
on the Contracting Parties.

(4) 

The biological, social and jurisdictional characteristics of the Mediterranean fisheries
require the Community to establish a specific management framework. 

1

2

3

4

5

OJ C […], […], p. […].
OJ C […], […], p. […].
OJ L 358, 31.12.2002, p. 59.
OJ L 179, 23.6.1998, p. 1.
OJ L 190, 4.7.1998,p. 34.

8

                                                
(5) 

(6) 

(7) 

(8) 

(9) 

The  Community  has  undertaken  to  apply  the  precautionary  approach  in  taking
measures  designed  to  protect  and  conserve  living  aquatic  resources  and  marine
ecosystems and to provide for their sustainable exploitation.

The management system provided for in this Regulation covers operations relating to
the  fishing  of  Mediterranean  stocks  carried  out  by  Community  vessels  whether  in
Community  waters  or  in  international  waters,  by  third  country  vessels  in  Member
States fishing zones or by citizens of the Union in the Mediterranean High Sea .

However, so that scientific research is not impeded, this Regulation should not apply
to any operations required for the purposes of such research.

It  is  necessary  to  establish  an  effective  management  framework,  through  an
appropriate  sharing  of  responsibilities  between  the  Community  and  the  Member
States.

The strict protection of certain marine species already  afforded by Council Directive
92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna
and flora6 and applicable to marine waters under Member States’ sovereignty should
be extended to the Mediterranean High Sea. 

(10) 

It is necessary to adopt new technical measures for fishing replacing those laid down
in Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical
measures  for  the  conservation  of  fishery  resources  in  the  Mediterranean7  to  take
account of new scientific advice. Account should also be taken of the main elements
of  the  Action  Plan  on  the  conservation  and  sustainable  exploitation  of  fishery
resources in the Mediterranean Sea under the Common Fisheries Policy8.

(11)  Regulation (EC) No 1626/94 should therefore be repealed.

(12)  Excessive  catches  of  undersized  individuals  should  be  avoided.  To  that  end  it  is
necessary  to  protect  certain  areas  where  juveniles  congregate,  taking  account  of  the
local biological conditions.

(13)  Fishing gear that is too harmful to the marine environment or leads to the depletion of

certain stocks should be prohibited or more strictly regulated.

(14) 

In order to avoid further increases in mortality rates for juveniles and to substantially
reduce  the  amount  of  discards  of  dead  marine  organisms  by  fishing  vessels,  it  is
appropriate  to  provide  for  increases  in  mesh  sizes  and  hook  sizes  for  trawl  nets,
bottom-set nets and longlines. used for fishing for certain species of marine organisms
and for the mandatory use of square-meshed netting.

(15) 

In order to allow for a transitional period, before increasing the mesh size of bottom
trawl nets, it is appropriate to determine some characteristics in the rigging of the trawl
nets that will enhance the selectivity of the currently used mesh size.

6

7

8

OJ L 206, 22.07.1992, p. 7.
OJ  L  171,  6.7.1994,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  973/2001  (OJ  L  137,
19.5.2001, p. 1.)
COM(2002) 535 final

9

                                                
(16)  The  management  of  fishing  effort  should  be  the  main  tool  to  deliver  sustainable
fisheries  in  the  Mediterranean  Sea.  To  that  end  it  is  appropriate  to  determine  the
overall dimensions of the main types of passive fishing gears to limit one factor which
affects the fishing effort deployed.

(17)  Part of the coastal zone should be reserved for selective fishing gears used by  small-
scale  fishermen,  in  order  to  protect  nursery  areas  and  sensitive  habitats  and  enhance
the social sustainability of Mediterranean fisheries.

(18) 

It is appropriate to determine the minimum landing sizes of certain marine organisms
in order both to improve their exploitation and  to set standards upon which Member
States  can  build  their  management  system  for  coastal  fisheries.  To  this  end,  the
selectivity  of  a  certain  fishing  gear  should  correspond,  as  closely  as  possible,  to  the
minimum landing size established for a certain species or group of species caught by
that gear.

(19) 

In order not to hinder artificial restocking or transplantation of fish stocks, operations
necessary  for  the  conduct  of  such  activities  should  be  permitted,  provided  they  are
compatible with the sustainability of the species concerned.

(20)  Since  leisure  fisheries  are  very  important  in  the  Mediterranean,  it  is  necessary  to
ensure that they are carried out in a manner that does not significantly interfere with
commercial  fishing,  is  compatible  with  sustainable  exploitation  of  living  aquatic
resources  and  complies  with  Community  obligations  in  respect  of  Regional  Fishery
Organisations.

(21) 

(22) 

In  view  of  the  specific  characteristics  of  many  Mediterranean  fisheries,  which  are
restricted  to  certain  geographical  sub-zones,  and  taking  into  account  the  tradition  of
applying effort management system at sub-regional level, it is appropriate to provide
for  the  establishment  of  Community  and  national  management  plans,  combining  in
particular effort management with specific technical measures.

In  order  to  ensure  an  efficient  control  of  fishing  activities  certain  specific  measures
complementary  to  or  more  stringent  than  those  provided  by  Regulation  (EEC)  No
2847/93 of 12 October 1993 establishing a  control system applicable to the common
fisheries policy(9) should be taken.  In  particular,  there is a need to lower the  current
threshold of 50 kg of live-weight  equivalent, for species  other  than highly  migratory
and small pelagic species caught in the Mediterranean Sea that must be recorded in the
logbook. 

(23)  Since Community fisheries account for more than 75% of the catches of the swordfish
in  the  Mediterranean  Sea,  it  is  appropriate  to  amend  Council  Regulation  (EC)  No
973/2001 of 14 May 2001 laying down certain technical measures for the conservation
of  certain  stocks  of  highly  migratory  species10  in  order  to  establish  a  Community
minimum landing size, as well as longline specifications to match this limit and a four-
month longlines fishing ban to protect juveniles of swordfish.

9

10

OJ L 261,20.10.1993, p. 1.
OJ L 137,19.5.2001,p.1.

10

                                                
(24) 

It is necessary to adopt Community provisions concerning fishing in the waters around
the Malta in accordance with the guidelines established in the Treaty of Accession and
in  particular  Article  21  and  Annex  III  thereof.  It  is  appropriate  to  introduce  an
obligation to hold special fishing permits in order to have access to these waters.

(25)  The measures necessary for the implementation of this Regulation should be adopted
in accordance with Council Decision 1999/468/EC of 28  June 1999  laying  down the
procedures for the exercise of implementing powers conferred on the Commission11. 

(26)  Amendments to the Annexes to this Regulation should also be adopted in accordance

with Decision 1999/468/EC,

HAS ADOPTED THIS REGULATION:

Chapter I
Scope and definitions

Article 1
Scope

1. This Regulation shall apply

(a) to the conservation, management and exploitation of living aquatic resources where such
activities are pursued:

(i) in the maritime waters of the Mediterranean Sea to the east of the line 5°36’ W (hereinafter
“Mediterranean Sea”) falling under the sovereignty or jurisdiction of Member States; 

(ii) by Community fishing vessels in the Mediterranean Sea outside the waters referred to in
(i); 

(iii) by nationals of Member States, without prejudice to the primary responsibility of the flag
State, in the Mediterranean Sea, outside the waters referred to in (i); and

(b) to marketing of fishery products caught in the Mediterranean Sea.

2. 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 or Member States concerned.

Article 2
Definitions

For the purpose of this Regulation the following definitions shall apply: 

(1) 

“towed gears” means any fishing gear towed either by the engine power of the fishing
vessel or hauled by means of winches with the fishing vessel either anchored or slowly
under way, including in particular towed nets and dredges;

11

OJ L 184, 17.7.1999,p.23.

11

                                                
(2) 

“towed nets” means trawl nets, boat seines and shore seines;

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

“trawl  nets”  means  nets  which  are  actively  towed  by  the  main  boat  engine  and
consisting of a cone- or pyramid-shaped body (as trawl body) closed at the back by a
cod-end  and  which  can  extend  at  the  opening  by  the  wings  or  can  be  mounted  on  a
rigid  frame.  Horizontal  opening  is  either  obtained  by  otter  boards  or  provided  by  a
beam or frame of variable shape and size. Such nets can be towed either on the bottom
(bottom trawl net) or in midwater (pelagic trawl net);

“boat seines” means encircling nets and towed seines which are operated and hauled
by means of ropes and winches from a boat under way or at anchor and not towed by
means of the main boat engine, consist of two lateral wings and a central bunt either in
the  form  of  a  spoon  or  with  a  bag  in  the  rearmost  part  and  may  operate  from  the
surface to the bottom depending on the target species;

“shore  seines”  means  encircling  nets  and  towed  seines  set  from  a  boat  and  operated
from the shore

“dredges”  means  gears  which  are  actively  towed  by  the  main  boat  engine  to  catch
bivalves, consist of a net bag or metal basket mounted on a rigid frame of variable size
and shape whose lower part carries a scraper blade that can be either rounded, sharp or
toothed, and may or may not be equipped with skids and diving boards. Some dredges
are also mechanised by hydraulic equipment (hydraulic dredges);

“protected area” means a geographically-defined area of marine waters in which all or
certain fishing activities are temporarily or permanently banned or restricted in order
to  improve  the  exploitation  and  conservation  of  living  aquatic  resources  or  the
protection of marine ecosystems;

“gillnet”  means  any  net  made  up  of  a  single  piece  of  net  and  held  vertically  in  the
water  by  floats  and  weights.  It  catches  living  aquatic  organisms  by  entangling  or
enmeshing. According to ballasting and buoyancy these nets may be used to fish either
in the  water column  up to the sea surface  (anchored  floating  gillnet and  drift-net)  or
close to the bottom (bottom-set gillnet);

“anchored  floating  gillnet” means  any  gillnet fixed  or capable of  being  fixed  by  any
means to the bottom of the sea and floating in the water column up to the sea surface;

“drift-net” means any gillnet held on the sea surface or at certain distance below it by
floating  devices  drifting  freely  with  the  current,  separately  or,  more  often,  with  the
boat  to  which  it  is  attached.  It  may  be  equipped  with  sea  anchors  or  other  floating
devices aiming to stabilise the net and/or limiting its drifting;

“bottom set gillnet” means any gillnet, fixed or capable of being fixed by any means to
the bottom of the sea and maintain the gear in place close to the bottom;

“bottom-set net” means a trammel net, a bottom-set gillnet or a combined bottom-set
net;

“trammel  net”  means  any  net made  up  of  two  or  more  pieces  of  net  hung  jointly  in
parallel  on  a  single  headline,  fixed,  or  capable  of  being  fixed  by  any  means  to  the
bottom of the sea ;

12

(14) 

(15) 

(16) 

(17) 

(18) 

“combined bottom set-net” means any bottom set gillnet combined with a trammel net
which constitutes the lower part;

“encircling nets” means nets which catch fish by surrounding them both from the sides
and from below;

“purse  seines”  means  any  encircling  net  the  bottom  of  which  is  drawn  together  by
means of a purse line at the bottom of the net, which passes through a series of rings
along the groundrope, enabling the net to be pursed and closed;

“leisure  fisheries”  means  fishing  activities  exploiting  living  aquatic  resources  for
recreation or sport;

“fishing aggregating devices (FADs)”means any equipment floating on the sea surface
and  aggregating  underneath  either  juveniles  or  adult  specimens  of  highly  migratory
species.

Chapter II
Protected species and habitats

Article 3
Protected species 

1.  The  deliberate  catching,  retention  on  board,  transhipment  or  landing  of  marine  species
referred to in Annex IV to Council Directive 92/43/EEC12 shall be prohibited.

2.  Notwithstanding  paragraph  1,  the  retention  on  board,  transhipment  or  landing  of  marine
species  referred  to  in  paragraph  1  which  is  incidentally  caught  shall  be  authorised  as  far  as
this activity is necessary to secure assistance for the recovery of the animals and provided that
the competent national authorities concerned have been duly informed in advance.

Article 4
Protected habitats

Fishing  with  trawl  nets,  dredges,  traps,  purse  seines,  boat  seines,  shore  seines  or
similar nets above beds of seagrass (Posidonia oceanica) or other marine phanerogams shall
be prohibited.

12

OJ L 206,22.7.1992,p.7.

13

                                                
Chapter III
Protected areas

Article 5
Community protected areas

1. Member States shall provide to the Commission, before 30 June 2004, information relevant
to the establishment of protected areas both within and beyond the territorial seas.

2. On the basis of such information,  as  well  as  any  other  relevant  information  for  the  same
purpose, the Council shall designate, before 31 December 2004, protected areas occurring, in
particular, totally or partially beyond the territorial seas of Member States, including the types
of fishing activities banned or authorised in such areas.

3. The Council may subsequently designate other protected areas on the basis of new relevant
scientific information.

Article 6
National protected areas

1.  Member  States  shall  designate,  before  31  December  2004,  further  protected  areas  within
their  territorial  waters  in  which  fishing  activities  may  be  banned  or  restricted  in  order  to
conserve and manage living aquatic resources or maintain or improve the conservation status
of  marine  eco-systems.  The  competent  authorities  of  the  Member  States  concerned  shall
decide  on  the  fishing  gears  that  may  be  used  in  those  protected  areas,  as  well  as  the
appropriate technical rules which shall not be less stringent than Community legislation.

2.  Member  States  may  subsequently  designate  other  protected  areas  on  the  basis  of  new
relevant scientific information.

3. The measures referred to in paragraphs 1and 2 shall be notified to the Commission.

4. When a proposed protected area within the territorial waters of a Member State is liable to
affect the vessels of another Member State, it shall be designated only after the Commission,
the  Member  State  and  the  Regional  Advisory  Council  concerned  have  been  consulted  in
accordance  with  the  procedure  set  out  in  Article  8  (3)  to  (6)  of  Regulation  (EC)  No
2371/2002.

5.  If  the  Commission  considers  that  the  measures  notified  pursuant  to  paragraph  3  are  not
sufficient to ensure a high level of protection of resources and the environment, it may, after
having  consulted  the  Member  State,  ask  it  to  amend  the  measure  or  may  propose  that  the
Council  designate  a  protected  area  or  adopt  technical  measures  in  respect  of  the  waters
concerned.

14

Chapter IV
Restrictions concerning fishing gears 

Article 7
Prohibited fishing gear and practices

The following shall not be used for fishing or kept on board:

(a) toxic, soporific or corrosive substances,

(b) electric shock generators,

(c) explosives, 

(d) substances that can explode if mixed,

(e) towed devices for harvesting red coral,

(f) pneumatic hammers or other percussive instruments for the collection of species dwelling
in rocks.

Article 8
Minimum mesh sizes

1. 

2. 

3. 

The use for fishing and the keeping on board of  a towed net, an encircling net or a
gillnet  for  targeting  red  sea  bream  shall  be  prohibited,  unless  the  mesh  size  in  that
part of the net having the smallest meshes complies with paragraphs 3 to 6.

The  mesh  size  shall  be  determined  by  the  procedures  specified  in  Commission
Regulation (EC) No 129/200313 .

For towed nets, other than those referred to in paragraph 4, the minimum mesh size
shall be:

(1) until 31 December 2005: 40 mm;

(2) from 1 January 2006: 50 mm;

(3) from 1 January 2009: 60 mm.

4. 

5. 

6. 

For pelagic trawl nets targeting sardine and anchovy, where these species account for
at least 85% of the catch in live weight after sorting, the minimum mesh size shall be
20 mm.

For encircling nets the minimum mesh size shall be 14 mm .

For gillnets targeting red sea bream, where this species accounts for at least 20% of
the catch in live weight, the minimum mesh size shall be 100 mm . 

13

OJ L 22, 25.1.2003, p.5.

15

                                                
7. 

At the request of a Member State, the Commission may allow a derogation from the
provisions set out in paragraphs 3, 4 and 5 for boat seines and shore seines which are
concerned by a management plan  as referred to in Article 17  and provided that  the
fisheris  concerned  are  highly  selective  and  have  a  negligible  effect  on  the  marine
environment.

Member States shall provide up to date scientific and technical justifications for such
a derogation.

Article 9
Minimum hooks size

1. The use for fishing and the keeping on board of any longlines with hooks of a total length
less than 5 cm and of a width less than 2.5cm shall be prohibited for any fishing vessel using
longlines and landing or having on board  a quantity  of red  sea-bream  (Pagellus bogaraveo)
that constitutes more than 20 % of the catch in live weight after sorting.

2.

For the purposes of paragraphs 1:

(a)

the total length of hooks shall be measured as the maximum overall length of
the  shank  from  the  tip  of  the  hook  which  serves  for  fastening  the  line  and  is
usually shaped as an eye, to the apex of the bend;

(b)

the width of hooks shall be measured as the greatest horizontal distance from
the external part of the shank to the external part of the barb.

Article 10
Attachments to and rigging of trawl nets

The  mesh  in  any  part  of  the  net  shall  not  be  obstructed  or  otherwise  effectively
1.
diminished except by devices permitted by Commission  Regulation  (EEC)  No  3440/8414  or
listed in Annex I (a) to this Regulation.

The rigging of trawl nets shall comply with the technical specifications laid down in

2.
Annex I (b) to this Regulation.

Article 11
Dimensions of fishing gears

It shall be prohibited to carry on board or to deploy at sea fishing gear not in compliance with
the dimensions specified in Annex II.

Article 12
Minimum distances and depths for the use of fishing gears

The  use  of  towed  gears  shall  be  prohibited  within  3  nautical  miles  of  the  coast  or

1.
within the 50 m isobath where that depth is reached at a shorter distance from the coast.

14

OJ L 318, 7.12.1984, p.23.

16

                                                
By  way  of  derogation  from  the  first  subparagraph,  the  use  of  hydraulic  dredges  shall  be
authorized between 1,5 and 3 nautical miles irrespective of the depth provided that the catch
of species other than shellfish does not exceed 10 % of the total live weight of the catch.

The  use  of  trawl  nets  and  hydraulic  dredges  shall  be  prohibited  within  1.5  nautical

2.
miles of the coast.

The  use  of  purse  seines  shall  be  prohibited  within  0,5  nautical  miles  of  the  coast  or

3.
within the 50 metres isobath where that depth is reached at a shorter distance from the coast.

4.
The  use  of  towed  gears,  purse  seines  and  other  encircling  nets  shall  be  prohibited
within  1  nautical  mile  from  the  borders  of  protected  areas  established  in  accordance  with
Articles 5 and 6.

5.
At  the  request  of  a  Member  State,  the  Commission  may  allow  a  derogation  from
paragraphs  1  and  3  on  a  local  basis  where  such  derogation  is  justified  by  particular
geographical  constraints  or  where  the  fisheries  concerned  are  highly  selective  and  have  a
negligible effect on the marine environment and provided that those  fisheries are  concerned
by  a  management  plan  as  referred  to  in  Article  17.  Member  States  shall  provide  up  to  date
scientific and technical justifications for such a derogation.

Chapter V
Minimum sizes of marine organisms

Article 13
Minimum sizes of marine organisms

1.
A marine organism which is smaller than the minimum size specified in Annex  III (
hereinafter  “undersized  marine  organisms”)  shall  not  be  caught,  retained  on  board,
transhipped, landed, transferred, stored, sold, displayed or offered for sale.

2.
The size of marine organisms shall be measured in accordance with Annex IV. If more
than one method of measuring size is permitted, the marine organisms shall be deemed to be
of the required size if at least one of the stipulated measurements is equal to or greater than
the relevant minimum size.

Paragraph 1 shall not apply to fries of sardine landed for human consumption if caught
3.
by  boat  seines  or  shore  seines  and  authorised  in  accordance  with  national  provisions
established  in  a  management  plan  as  referred  to  in  Article  17,  provided  that  the  stock  of
sardine concerned is within safe biological limits.

Article 14
Artificial restocking and transplantation

1.
By  way  of  derogation  from  Article  13  undersized  marine  organisms  may  be  caught,
retained on board, transhipped, landed, transferred, stored, sold, displayed or offered for sale
for  the  purpose  of  artificial  restocking  or  transplantation  with  the  permission  and  under  the
authority of the Member State where those activities take place. 

17

2.
Member  States  shall  ensure  that  the  capture  of  undersized  marine  organisms  for  the
purposes  referred  to  in  paragraph  1  is  carried  out  in  a  manner  that  is  compatible  with  any
Community management measure applicable to the species concerned.

3.
Marine  organisms  caught  for  the  purposes  specified  in  paragraph  1  shall  be  either
returned to the sea or be used for extensive aquaculture. If subsequently recaptured, they may
be  sold,  stored,  displayed  or  offered  for  sale  providing  that  they  meet  the  requirements
specified in Article 13.

Chapter VI
Non-commercial fishing

Article 15
Leisure fisheries

1.  The  use  of  towed  nets,  encircling  nets,  purse  seines,  dredges,  gillnets,  trammel  nets,  and
longlines for highly migratory species shall be prohibited for leisure fisheries

2.  Member  States  shall  ensure  that  leisure  fisheries  are  conducted  in  a  manner  compatible
with the objectives and rules of this Regulation.

3.  Member  States  shall  ensure  that  catches  of  marine  organisms  resulting  from  leisure
fisheries are not marketed.

4. Member States shall take measures both to record and to ensure separate collection of data
on catches resulting from leisure fisheries in respect of the highly migratory species listed in
Annex I to Regulation (EC) 973/2001 and occurring in the Mediterranean.

5.  Member  States  shall  inform  the  Commission  of  all  measures  adopted  pursuant  to  this
Article.

Chapter VII
Management plans

Article 16
Community-level management plans

1.
The  Council  may  adopt  management  plans  for  specific  Mediterranean  fisheries,  in
particular, in areas totally or partially beyond the territorial waters of Member States. These
plans may, in particular, include:

(a) fishing effort management measures; 

(b) specific technical measures,  including  where  appropriate  temporary  derogations
to the rules of this Regulation when such derogations are necessary for the operation
of  the  fisheries  and  provided  that  the  sustainable  exploitation  of  the  concerned
resources is ensured by the management plan ;

18

(c) the extension of compulsory use of vessel monitoring systems or similar systems
for vessels between 10 m and 15 m in length overall ;

(d)  temporary  or  permanent  restrictions  to  zones,  reserved  to  certain  gears  or  to
vessels having undertaken obligations in the framework of the management plan .

2.
Member  States  and/or  a  Regional  Advisory  Council  for  the  Mediterranean  Sea  may
submit  suggestions  to  the  Commission  on  matters  relating  to  the  setting  up  of  management
plans. The Commission shall reply to such requests within three months of the receipt.

Article 17
Management plans for certain fisheries in territorial waters

1.  Member  States  shall  adopt,  by  31  December  2004,  management  plans  for  fisheries
conducted  by  boat  seines,  shore  seines,  encircling  nets  and  dredges  within  their  territorial
waters.  Article  6(2),  (3)  and  (4)  first  subparagraph  of  Regulation  (EC)  No  2371/2002  shall
apply to those management plans.

2. Member  States may subsequently designate other management  plans  on  the basis of  new
relevant scientific information.

3.  Member  States,  shall  ensure  adequate  scientific  monitoring  of  the  management  plans.  In
particular, the management plan for fisheries exploiting short life species shall be revised each
year to take into account changes that are likely to occur in the recruitment strength.

4.  Management  plans  may  include  measures  which  go  beyond  the  provisions  of  this
Regulation for the purpose of:

(a) increasing the selectivity of fishing gear;

(b) reducing discards;

(c) limiting the fishing effort.

5.  The  measures  to  be  included  in  the  management  plans  shall  be  proportionate  to  the
objectives, the targets and the expected time frame, and shall have regard to:

(a) the conservation status of the stock or stocks;

(b) the biological characteristics of the stock or stocks;

(c) the characteristics of the fisheries in which the stocks are caught;

(d) the economic impact of the measures on the fisheries concerned.

6.  Management  plans  shall  provide  for  the  issuing  of  special  fishing  permits  in  accordance
with  Regulation  (EC)  No  1627/9415.  Notwithstanding  the  provisions  of  Article  1  (2)  of
Regulation (EC) No 1627/94 vessels of an overall length of less than 10 m may be required to
have a special fishing permit.

15

OJ L 171, 6.7.1994, p. 7.

19

                                                
7.  Management  plans  shall  be  notified  to  the  Commission,  in  time  for  it  to  present  its
observations before the plan is adopted. The Commission shall communicate the plans to the
other Member States.

8. Where a management plan is likely to affect the vessels of another Member State, it shall
be  adopted  only  after  consultation  of  the  Commission,  the  Member  State  and  the  Regional
Advisory Council concerned in accordance with the procedure set out in Article 8 (3) to (6) of
Regulation (EC) No 2371/200216.

9.  If  the  Commission,  on  the  basis  of  the  notification  referred  to  in  paragraph  7  or  of  new
scientific  advice,  considers  that  a  management  plan  adopted  under  paragraph  1  is  not
sufficient to ensure a high level of protection of resources and the environment, it may, after
having consulted the Member State, ask it to amend the plan or may propose to the Council
appropriate measures for the protection of the resources and the environment. 

Chapter VIII
Control measures

Article 18
Catch of target species

The  percentages  referred  to  in  Articles  8  (4)  and  (6),  Article  9(1),  Article12(1)  and
1.
Article 22 shall be calculated as the proportion by live weight of all living aquatic organisms
on  board  after  sorting  or  on  landing.  They  may  be  calculated  on  the  basis  of  one  or  more
representative samples.

2.
In the case of fishing vessels from which quantities of living aquatic organisms have
been transhipped, the quantities transhipped shall be taken into account when calculating the
percentages referred to in paragraph 1. 

Article 19
Transhipment

Only  masters  of  fishing  vessels  who  complete  a  logbook  in  accordance  with  Article  6  of
Regulation  (EEC)  No  2847/9317  may  tranship  living  aquatic  organisms  to  other  vessels,  or
receive transhipments of such organisms from other vessels.

Article 20
Designated ports

1.
Catches  of  bottom  trawlers,  pelagic  trawlers,  purse  seines,  pelagic  longliners  and
hydraulic dredges may be landed and marketed for the first time only at ports designated by
the Member States.

16

17

OJ L 358,31.12.2002,p.59.
OJ L 261,20.10.1993,p.1.

20

                                                
Member  States  shall  notify  to  the  Commission  by  31  December  2004  a  list  of

2.
designated ports. The Commission shall transmit the list to the other Member States.

Article 21
Monitoring of catches

In Article 6(2) of Regulation (EEC) No 2847/93 the second sentence shall be replaced by the
following: 

“For the fisheries operations in the Mediterranean Sea any amount greater than 10 kg of live-
weight equivalent retained on board of any species indicated on a list adopted in conformity
with paragraph 8 must be recorded in the logbook.

However, for highly migratory species and small pelagic species any amount greater than 50
kg of live-weight equivalent must be recorded in the logbook” .

Chapter IX
Measures for highly migratory species 

Article22
Restriction on the use of certain types of vessels and gears

In Regulation (EC) No 973/2001 the following Article 4 a is inserted:

“Article 4a 

1. Bottom-set nets and anchored  floating nets shall not  be  used  in  the  Mediterranean  Sea  to
catch  the  following  species:  Albacore  (Thunnus  alalunga),  Bluefin  tuna  (Thunnus  thynnus),
Swordfish  (Xiphias  gladius),  Ray’s  bream  (Brama  brama),  Sharks  (Hexanchus  griseus;
Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae).

2.  The  use  for  fishing  and  the  keeping  on  board  in  the  Mediterranean  Sea  of  any  longlines
with  hooks  of  a  total  length  less  than  10  cm  and  of  a  width  less  than  4.5  cm  shall  be
prohibited for any fishing vessel using longlines and landing or having on board a quantity of
swordfish (Xiphias gladius) that constitutes more than 20 % of the catch in live weight after
sorting. 

3.  Fishing  with  pelagic  longlines  for  any  of  the  following  species,  Albacore  (Thunnus
alalunga),  Bluefin  tuna  (Thunnus  thynnus),  Swordfish  (Xiphias  gladius)  and  sharks
(Hexanchus  griseus;  Cetorhinus  maximus;  Alopiidae;  Carcharhinidae;  Sphyrnidae;  Isuridae;
Lamnidae), shall be prohibited in the Mediterranean Sea from 1 October to 31 January each
year . 

4. For the purposes of paragraph 2:

(a) the total length of hooks shall be measured as the maximum overall  length of the shank
from the tip of the hook which serves for fastening the line and is usually shaped as an eye, to
the apex of the bend;

21

(b) the width of hooks shall be measured as the greatest horizontal distance from the external
part of the shank to the external part of the barb.”

Article23
Minimum size

In Annex IV to Regulation (EC) No 973/2001 the entry concerning swordfish is replaced by
the following :

swordfish (Xiphias gladius) in the Atlantic Ocean: 25 kg or 125 cm (lower mandible);

swordfish  (Xiphias  gladius)  in  the  Mediterranean  Sea:  110  cm  (lower  mandible)  or  16  kg
round weight  (weight  of  the  whole  fish  before  processing  or  removal  of  any  part)  or  14  kg
gilled and gutted weight (weight after the gills and guts have been removed) (1)

(1) Tolerance of 15% as referred to in Article 7(1) second subparagraph shall not apply to the
swordfish in the Mediterranean.

Chapter X
Measures for the waters around Malta

Article 24
The 25-mile management zone around Malta

1. The access of Community vessels to the waters and resources in the zone extending up to
25  nautical  miles  from  baselines  around  the  Maltese  islands  (hereinafter  "the  management
zone") shall be regulated as follows :

(a)  fishing  within  the  management  zone  shall  be  limited  to  fishing  vessels  smaller  than  12
metres overall length using other than towed gears;

(b) the total fishing effort of those vessels, expressed in terms of the overall fishing capacity,
shall  not  exceed  the  average  level  observed  in  2000-2001  that  corresponds  to  1950  vessels
with an overall engine power and tonnage of 83000 kW and 4035 GT respectively.

2. By way of derogation from paragraph 1(a) trawlers not exceeding an overall length of 24
metres shall be authorised to fish in certain areas within the management zone, as described in
Annex V (a) to this Regulation, subject to the following conditions: 

the overall fishing capacity of the trawlers allowed to operate in the management zone

(a)
must not exceed the ceiling of 4800 kW ;

(b)
the  fishing  capacity  of  any  trawler  authorised  to  operate  at  a  depth  of  less  than  200
metres must not exceed 185 kW; the isobath of 200 metres of depth is identified by a broken
line, the waypoints of which are listed in Annex V(b);

(c)
trawlers  fishing  in  the  management  zone  shall  hold  a  special  fishing  permit  in
accordance  with  Article  7  of  Regulation  (EC)  No  1627/94  and  shall  be  included  in  a  list
containing their name, their international registration number and vessel characteristics to be
provided to the Commission annually by the Member States concerned;

22

(d)
the  capacity  limits  laid  down  in  paragraphs  2(a)  and  (b)  shall  be  periodically  re-
evaluated,  following  advice  from  relevant  scientific  bodies  concerning  their  effects  on  the
conservation of stocks.

3.
If the overall fishing capacity referred to in paragraph 2(a) exceeds the overall fishing
capacity of trawlers with an overall length equal to or less than 24 metres and operating in the
management  zone  in  the  reference  period  2000-2001  (hereinafter  “reference  fishing
capacity”), the  Commission  shall  allocate  this  surplus  of  available  fishing  capacity  between
the  Member  States  taking  into  account  the  interest  of  the  Member  States  requesting  an
authorisation. 

The reference fishing capacity corresponds to 3600 kW. 

4.
Special  fishing  permits  for  the  surplus  of  available  fishing  capacity  referred  to  in
paragraph  3  shall  only  be  issued  to  vessels  included  in  the  Community  fleet  register  at  the
date of application of this Article. 

5.
If the overall fishing capacity of the trawlers authorised to operate in the management
zone  in  accordance  with  paragraph  2(c)  exceeds  the  ceiling  laid  down  in  paragraph  2(a),
because  that  ceiling  has  been  lowered  after  the  revision  provided  for  in  paragraph  2(d),  the
Commission shall allocate fishing capacity between Member States on the following basis: 

fishing capacity in kW corresponding to vessels having fished in the zone during the

(a)
period 2000-2001 shall be given priority;

fishing capacity in kW corresponding to vessels having fished at any other time in the

(b)
zone shall be given second priority;

any remaining fishing capacity for other vessels shall be divided between the Member

(c)
States taking into account the interests of the Member States requesting an authorization.

By  way  of  derogation  from  paragraph  1(a),  vessels  fishing  with  purse  seines  or
6.
longlines and vessels fishing for dolphinfish in accordance with Article 25 shall be authorised
to  operate  within  the  management  zone.  They  shall  be  granted  a  special  fishing  permit  in
accordance  with  Article  7  of  Regulation  (EC)  No  1627/94  and  shall  be  included  in  a  list
containing their name, their international registration number and vessels characteristics to be
provided to the Commission by each Member State.

The  master  of  any  trawler  authorized  to  fish  in  the  management  zone  in  accordance
7.
with paragraph 2 which is not equipped with VMS shall signal each entry into and exit from
the management zone to its authorities and to the authorities of the coastal state.

Article 25
Dolphinfish fishery

It  shall  be  prohibited  to  fish  dolphinfish  (Coriphaena  spp.)  within  the  management

1.
zone by fishing aggregating devices (FADs) from 1 January to 31 July each year. 

The number of vessels participating in the dolphinfish fishery within the zone shall not

2.
exceed 130. 

23

3.
The  Maltese  authorities  shall  establish  FAD  course  lines  and  allocate  each  FAD
course line to Community fishing vessels at the latest 30 June each year. Community fishing
vessels flying a flag other than of Malta shall not be authorised to operate a FAD course line
within the 12-mile zone.

The Maltese authorities shall inform the Commission, by 1 July of each year of the list

4.
of fishing vessels authorised to participate in dolphinfish fishery. 

5.
Fishing  vessels  authorised  to  participate  in  dolphinfish  fishery  shall  be  granted  a
special fishing permit in accordance with Article 7 of Regulation (EC) No 1627/94 and shall
be included in a list containing their name, their international registration number and vessels
characteristics to be provided to the Commission by each Member State. 

Notwithstanding the provisions of Article 1(2)of Regulation (EC) No 1627/94, vessels of an
overall length of less than 10 metres shall be required to have a special fishing permit.

Chapter XI
Final provisions

Article 26
Decision-making procedure

Except where otherwise provided for in this Regulation, the Council shall act in accordance
with the procedure referred to in Article 37 of the Treaty.

Article 27
Implementing rules

Detailed rules for the implementation of Articles 8, 21, 24 and 25 of this Regulation shall be
adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No
2371/2002.

Article 28
Amendments 

Amendments to the Annexes shall be adopted in accordance with the procedure referred to in
Article 30(3) of Regulation (EC) No 2371/2002.

Regulation (EC) No 1626/94 is repealed.

Article 29
Repeal

References to the repealed Regulation shall be construed as references to this Regulation and
shall be read in accordance with the correlation table in Annex VI.

24

Article 30
Entry into force

This Regulation shall enter into force on the thirtieth day following that of its publication in
the Official Journal of the European Union.

Articles 24 and 25 shall apply from the date of accession of Malta.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

For the Council
The President
[…]

25

ANNEX I
Technical conditions for attachments to and rigging of trawl nets

Definitions

For the purposes of this Annex:

(a)  "multiple  twine  netting”  means  netting  constructed  of  two  or  more  twines,  where  the
twines can be separated between the knots without damage to the twine structure;

(b)  “knotless  netting”  means  netting  which  is  composed  of  meshes  of  four  sides  of
approximately  equal  length  in  which  the  corners  of  the  meshes  are  formed  by  the
interweaving of the twines of two adjacent sides of the mesh;

(c) “square-meshed netting” means a construction of netting mounted so that of the two sets
of parallel lines formed by the mesh bars, one set is parallel to and the other at right angles to
the long axis of the net;

(d) “the trawl body” means the tapered section in the front part of a trawl net;

(e) “the extension piece” means the untapered section, made of one or more panels, between
the trawl body and the cod-end;

(f) “the cod-end” means the rearmost part of a trawl net, of net of the same mesh size, having
either a cylindrical or a tapering shape;

(g) “balloon cod-end” means any cod-end composed of one or more adjoining panels, of net
of the same mesh size, whose horizontal stretched length increases going to the rearmost part
of the gear causing an extension of the horizontal length and of the circumference of the cod-
end;

(h) trouser cod-end is made up of one or more adjoining panels of net, of the same mesh size
and dimension, attached to one another along their sides in the axis of the trawl by a lacing;

(i) “pocket type cod-end” means either any trouser cod-end whose rearmost upper and lower
panels  are  horizontally  laced  together  or  a  cod-end  whose  rearmost  part  is  composed  by  a
single folded panel;

(j) “horizontal lacing rope” means any external rope running horizontally, with respect to the
longitudinal axis of the net, in the rearmost part of the cod-end either along the join between
two upper and lower panels or along the bend of the single rearmost panel. It can be either a
prolongation of the lateral lacing rope or a separate rope;

a) Authorised attachments to trawl nets

1.
Notwithstanding Article 8 of Commission Regulation (EEC) N. 3440/84 a horizontal
or lengthways zip-fastener mechanical device may be used to close the opening for emptying
the pocket-type cod-end.

The  horizontal  zip-fastener  shall  be  attached  at  a  distance  which  is  not  more  than  1

2.
metre from the rear meshes of the cod-end.

26

b) Rigging requirements

1.
A  balloon  cod-end  shall  be  prohibited  in  trawl  nets  .  Within  any  single  cod-end  the
number  of  equal  sized  meshes  around  any  circumference  of  the  cod-end  shall  not  increase
from the front end to the rear end.

2.
The circumference of the rearmost part of the trawl body (the tapered section) or of the
extension piece (the untapered section) shall be at least 10 % bigger than the circumference of
the front end of the cod-end sensu stricto. This provision shall apply to all trawl nets of which
the mesh size is smaller than or equal to 60 mm.

3.
Square mesh panels may be inserted into any towed net and shall be placed in the top
half or top sheet of a net in front of any extension piece or at any point between the front of
any extension piece and the posterior of the cod-end. It shall not be obstructed in any way by
either internal or external attachments. It shall be constructed of knotless netting or of netting
constructed with non-slip knots, and shall be inserted in such a way that the meshes  remain
fully  open  at  all  times  while  fishing.  Detailed  rules  for  further  technical  specifications  of
square mesh panels shall be adopted in accordance with the procedure laid down in Article 25
of this Regulation.

The carrying on board or the use of any towed net the cod-end of which is constructed
4.
wholly or in part of any type of netting material made of meshes other than square mesh or
diamond mesh shall be prohibited.

Paragraph 4 shall not apply to any  boat  seine  the  cod-end  of  which  has  a  mesh  size

5.
smaller than 10 mm.

By way of modification of Article 6 (4) of Commission Regulation (EEC) N. 3440/84
6.
the strengthening bag shall not be less than 120 mm for bottom trawlers if the cod-end mesh
is smaller than 60 mm. This provision shall apply only to the Mediterranean Sea and shall be
without prejudice to other Community waters. If the cod-end mesh size is equal to or greater
than 60 mm then Article 6(4) of Commission Regulation (EEC) N. 3440/84 shall apply.

7.

The pocket type cod-end shall not have more than one opening to empty.

The  length  of  the  horizontal  lacing  rope  shall  be  not  less  than  20%  of  the

8.
circumference of the cod-end.

The  circumference  of  the  strengthening  bag,  as  defined  in  Article  6  of  Commission

9.
Regulation n. 3440/84, shall not be less than 1.3 times that of the cod-end.

10.
The carrying on board or the use of any towed net constructed wholly or in part in the
cod-end  of  single  twine  netting  materials  having  a  twine  thickness  of  more  than  3,5
millimetres shall be prohibited.

The carrying on board or the use of any towed net constructed wholly or in part in the

11.
cod-end of netting materials consisting of multiple twines shall be prohibited. 

Netting  materials  having  a  twine  thickness  greater  than  6  mm  shall  be  prohibited  in

12
any part of a bottom trawl net.

27

ANNEX II
Requirements relating to the characteristics of fishing gear

Definitions

For the purposes of this Annex:

the length of nets shall be defined by the length of the float line. The length of bottom-

(1)
set and drifting nets may be also defined on the basis of the weight or volume of its mass. 

(2) the drop of nets shall be defined as the sum of the height of the meshes (including knots)
when wet and stretched perpendicular to the float line.

1. Dredges

The  maximum  breadth  of  dredges  shall  be  4  m,  except  in  the  case  of  dredges  for  sponge
fishing (gagava).

2. Encircling nets (purse seines and seines without purse lines)

The length of netting shall be restricted to 800 m and the drop to 120 m, except in the case of
tuna seines.

3. Trammel nets and gillnets

- The maximum drop of a trammel net - shall not exceed 4 m.

- The maximum drop of a bottom-set gillnet and of anchored floating gillnet shall not exceed
10 m

- It shall be prohibited to have on board and set more than 4000 m of trammel net, bottom-set
gillnet or anchored floating gillnet per vessel.

- Twine diameter of the bottom-set  gillnet  and  of  anchored  floating  gillnet  shall  not  exceed
0,5 mm

4. Combined bottom-set nets (trammel nets+gillnets)

- The maximum drop of a combined bottom-set net shall not exceed 10 m.

-  It  shall  be  prohibited  to  have  on  board  and  set  more  than  2500  m  of  combined  nets  per
vessel.

- Twine diameter of the gillnet shall not exceed 0,5 mm .

5. Drift-nets

- It shall be prohibited to have on board and set a drift-net longer than the limit established in
Regulation  (EC)  No  894/97  laying  down  certain  technical  measures  for  the  conservation  of
fishery resources18 as amended by Regulation (EC) No 1239/98 of 8 June 1998 19. 

18

19

OJ L 132,23.5.1997, p.1.
OJ L 171, 17.6.1998, p.1.

28

                                                
6. Bottom-set longline

It shall be prohibited to have on board and set more than 7 000 m of longline per vessel.

7. Pots lines for deep-water crustacean fishery

It shall be prohibited to have on board and set more than 5 km of pot lines.

8. Surface-set longline (floating)

It shall be prohibited to have on board and set more than 60 km of longline per vessel.

29

Annex III
Minimum Sizes of marine organisms

SCIENTIFIC NAME

Minimum size

1. Fishes
Dicentrarchus labrax
Diplodus annularis
Diplodus puntazzo
Diplodus sargus
Diplodus vulgaris
Engraulis encrasicolus *
Epinephelus spp.
Lithognathus mormyrus
Merluccius merluccius 

Mullus spp.
Pagellus acarne
Pagellus bogaraveo
Pagellus erythrinus
Pagrus pagrus
Polyprion americanus
Sardina pilchardus**
Scomber japonicus
Scomber scombrus
Solea vulgaris
Sparus aurata
Trachurus spp.
2. Crustaceans
Homarus gammarus

Nephrops norvegicus

Palinuridae
Parapenaeus longirostris
3. Mollusc bivalves

25 cm
12 cm
18 cm
23 cm
18 cm
11 cm
45 cm
20 cm
15 cm (until 31 December 2008)
20 cm (from 1 January 2009)
11 cm
17 cm
33 cm
15 cm
18 cm
45 cm
13 cm
18 cm
18 cm
25 cm
20 cm
15 cm

30 cm TL

20 mm CL
70 mm TL

105 mm CL
20 mm CL

Pecten jacobeus

11 cm

TL total length ; CL carapace length; 

(*) Anchovy: Member States may convert the minimum size into 110 specimens per kg;
(**) Sardine: Member States may convert the minimum size into 55 specimens per kg; 

30

Annex IV
Measurement of the size of a marine organism

1.The size of any fish shall be measured, as shown in Figure 1, from the tip of the snout to the
end of the tail fin.

2.The size of a Norway lobster (Nephrops norvegicus) shall be measured as shown in Figure
2:

as the length of the carapace, parallel to the midline, from the back of either eye socket

-
to the distal edge of the carapace, and/or,

as  the  total  length,  from  the  tip  of  the  rostrum  to  the  rear  end  of  the  telson,  not

-
including the setae.

3.
The size of a lobster ( Homarus gammarus) shall be measured as shown in Figure 3,
as the total length, from the tip of the rostrum to the rear end of the telson, not including the
setae.

4. The size of a crawfish (Palinuridae) shall be measured as shown in Figure 4 as the length of
the carapace from the tip of the rostrum to the midpoint of the distal edge of the carapace.

6.The size of any bivalve mollusc shall be measured as shown in Figure 5, across the longest
part of the shell.

31

Figure 1

32

Figure 2

(Nephrops)

Norway Lobster

33

(a) Carapace length

(b) Overall length

Figure 3

(Homarus)

Lobster

34

(a) Carapace length

(b) Overall length

Figure 4

35

Figure 5

36

Annex V
25 mile management zone around Maltese Islands

a)  Authorised  trawlable  areas  to  the  approaches  of  the  Maltese  islands:  geographic  co-
ordinates

Zone A
A1 – 36.0172°N, 14.1442°E
A2 – 36.0289°N, 14.1792°E
A3 – 35.9822°N, 14.2742°E
A4 – 35.8489°N, 14.3242°E
A5 – 35.8106°N, 14.2542°E
A6 – 35.9706°N, 14.2459°E

Zone B
B1 – 35.7906°N, 14.4409°E
B2 – 35.8039°N, 14.4909°E
B3 – 35.7939°N, 14.4959°E
B4 – 35.7522°N, 14.4242°E
B5 – 35.7606°N, 14.4159°E
B6 – 35.7706°N, 14.4325°E

Zone C
C1 – 35.8406°N, 14.6192°E
C2 – 35.8556°N, 14.6692°E
C3 – 35.8322°N, 14.6542°E
C4 – 35.8022°N, 14.5775°E

Zone D
D1 – 36.0422°N, 14.3459°E
D2 – 36.0289°N, 14.4625°E
D3 – 35.9989°N, 14.4559°E
D4 – 36.0289°N, 14.3409°E

Zone E
E1 – 35.9789°N, 14.7159°E
E2 – 36.0072°N, 14.8159°E
E3 – 35.9389°N, 14.7575°E
E4 – 35.8939°N, 14.6075°E
E5 – 35.9056°N, 14.5992°E

Zone F
F1 – 36.1423°N, 14.6725°E
F2 – 36.1439°N, 14.7892°E
F3 – 36.0139°N, 14.7892°E
F4 – 36.0039°N, 14.6142°E

Zone G
G1 – 36.0706°N, 14.9375°E
G2 – 35.9372°N, 15.0000°E
G3 – 35.7956°N, 14.9825°E
G4 – 35.7156°N, 14.8792°E
G5 – 35.8489°N, 14.6825°E

Zone H
H1 – 35.6739°N, 14.6742°E
H2 – 35.4656°N, 14.8459°E
H3 – 35.4272°N, 14.7609°E
H4 – 35.5106°N, 14.6325°E
H5 – 35.6406°N, 14.6025°E

Zone I
I1 – 36.1489°N, 14.3909°E
I2 – 36.2523°N, 14.5092°E
I3 – 36.2373°N, 14.5259°E
I4 – 36.1372°N, 14.4225°E

Zone J
J1 – 36.2189°N, 13.9108°E
J2 – 36.2689°N, 14.0708°E
J3 – 36.2472°N, 14.0708°E
J4 – 36.1972°N, 13.9225°E

Zone K
K1 – 35.9739°N, 14.0242°E
K2 – 36.0022°N, 14.0408°E
K3 – 36.0656°N, 13.9692°E
K4 – 36.1356°N, 13.8575°E
K5 – 36.0456°N, 13.9242°E

Zone L
L1 – 35.9856°N, 14.1075°E
L2 – 35.9956°N, 14.1158°E
L3 – 35.9572°N, 14.0325°E
L4 – 35.9622°N, 13.9408°E

Zone M
M1 – 36.4856°N,14.3292°E
M2 – 36.4639°N,14.4342°E
M3 – 36.3606°N,14.4875°E
M4 – 36.3423°N,14.4242°E
M5 – 36.4156°N,14.4208°E

Zone N
N1 – 36.1155°N, 14.1217°E
N2 – 36.1079°N, 14.0779°E
N3 – 36.0717°N, 14.0264°E
N4 – 36.0458°N, 14.0376°E
N5 – 36.0516°N, 14.0896°E
N6 – 36.0989°N, 14.1355°E

37

b) Geographic co-ordinates of some way-points along the 200m isobath within the 25- mile
management zone

ID

Latitude

Longitude

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53

36.3673°N
36.3159°N
36.2735°N
36.2357°N
36.1699°N
36.1307°N
36.1117°N
36.1003°N
36.0859°N
36.0547°N
35.9921°N
35.9744°N
35.9608°N
35.9296°N
35.8983°N
35.867°N
35.8358°N
35.8191°N
35.7863°N
35.7542°N
35.7355°N
35.7225°N
35.6951°N
35.6325°N
35.57°N
35.5348°N
35.5037°N
35.5128°N
35.57°N
35.5975°N
35.5903°N
35.6034°N
35.6532°N
35.6726°N
35.6668°N
35.6618°N
35.653°N
35.57°N
35.5294°N
35.5071°N
35.4878°N
35.4929°N
35.4762°N
36.2077°N
36.1954°N
36.1773°N
36.1848°N
36.1954°N
35.4592°N
35.4762°N
35.4755°N
35.4605°N
35.4453°N

14.5540°E
14.5567°E
14.5379°E
14.4785°E
14.4316°E
14.3534°E
14.2127°E
14.1658°E
14.152°E
14.143°E
14.1584°E
14.1815°E
14.2235°E
14.2164°E
14.2328°E
14.4929°E
14.2845°E
14.2753°E
14.3534°E
14.4316°E
14.4473°E
14.5098°E
14.5365°E
14.536°E
14.5221°E
14.588°E
14.6192°E
14.6349°E
14.6717°E
14.647°E
14.6036°E
14.574°E
14.5535°E
14.5723°E
14.5937°E
14.6424°E
14.6661°E
14.6853°E
14.713°E
14.7443°E
14.7834°E
14.8247°E
14.8246°E
13.947°E
13.96°E
13.947°E
13.9313°E
13.925°E
14.1815°E
14.1895°E
14.2127°E
14.2199°E
14.1971°E

38

Annex VI
Correlation table

Regulation (EC) No 1626/94

Present Regulation

Article 1 (1)

Article 1 (1)

Article 1(2) first subparagraph

Article 6, Article 15 and Article 17

Article 1(2) second subparagraph

Article 2(1) and (2)

Article 3

Article 7

Article 2(3)

Article 15 and Article 17

Article 3(1) first subparagraph

Article 12(1) first subparagraph and (5)

Article 3(1) second and third (1a)
subparagraphs

Article 12(2) and (5), Article 17

Article 3(2)

Article 3(3)

Article 3(4)

Article 4

Article 5

Article 12(1) second subparagraph, Article
17

Article 4

Article 12(3)

Article 6

Article 11 and Annex II

Article 6(1) (1a) and(2)

Article 8 and Article 17

Article 6(3)

Article 7

Annex II

Article 20

Article 8 (1) and (3)

Article 13, Annex III and Annex IV

Article 9

Article 10

Article 11

Annex I

Annex II

Annex III

Annex IV

Article 1(2)

----

Article 30

Article 3 and Article 4

Article10, Annex I and Annex II

Article 8 (3), (4) and (5)

Annex III

39