Council Regulation (EC) No 813 /2004 of 26.4.2004 amending Regulation (EC) No 1626/94 as regards certain conservation measures relating to waters around Malta
Date: 2004-04-26
Institutions: Council of the European Union
Subjects: Malta, conservation of fish stocks, fishing area, fishing regulations, fishing rights

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COUNCIL REGULATION (EC) No 813 /2004 

of 26.4.2004 

amending Regulation (EC) No 1626/94 

as regards certain conservation measures 

relating to waters around Malta 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, 

Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as the "Treaty of 

Accession") 1, and in particular Article 2(3) thereof,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, 

Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as the "Act of Accession") 2, 

and in particular Article 21 thereof, 

Having regard to the proposal from the Commission, 

1

2

OJ L 236, 23.9.2003, p. 17. 
OJ L 236, 23.9.2003, p. 23. 

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Whereas: 

(1)

Pursuant to Article 21 of the Act of Accession, Regulation (EC) No 1626/94 of 27 June 1994 

laying down certain technical measures for the conservation of fishery resources in the 

Mediterranean 1 is to be amended in accordance with the guidelines set out in Annex III of the 

Act of Accession with a view to adopting the necessary conservation measures relating to 

waters around Malta. 

(2) These measures need to be adopted before accession so as to be applicable from the accession 

of Malta, 

HAS ADOPTED THIS REGULATION: 

1

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). 

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Article 1

Regulation (EC) No 1626/94 is hereby amended as follows: 

1) 

the following Articles shall be inserted: 

"Article 8a 

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

1 950 vessels with an overall engine power and tonnage of 83 000 kW and 4 035 GT

respectively.

2.   By way of derogation from point (a) of paragraph 1, 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, part (a), to this Regulation, subject to the following conditions: 

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(a)

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

shall not exceed the ceiling of 4 800 kW; 

(b) 

the fishing capacity of any trawler authorised to operate at a depth of less than 

200 metres shall not exceed 185 kW; the isobath of 200 metres of depth shall be 

identified by a broken line, the waypoints of which are listed in Annex V, part (b), to 

this Regulation; 

(c) 

trawlers fishing in the management zone shall hold a special fishing permit in 

accordance with Article 7 of Regulation (EC) No 1627/94 of 27 June 1994 laying down 

general provisions concerning special fishing permits 1 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; 

(d)

the capacity limits laid down in points (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 point (a) of paragraph 2, 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 referred to 

as the "reference fishing capacity"), the Commission shall, in accordance with the procedure 

laid down in Article 10a, allocate this surplus of available fishing capacity between the 

Member States taking into account the interest of the Member States requesting an 

authorisation. 

1

OJ 171, 6.7.1994, p. 7. 

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The reference fishing capacity shall correspond to 3 600 kW. 

4.   Special fishing permits for the surplus of available fishing capacity referred to in 

paragraph 3 shall be issued only 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 point (c) of paragraph 2 exceeds the ceiling laid down in point (a) of 

paragraph 2, because that ceiling has been lowered after the revision provided for in point (d) 

of paragraph 2, the Commission shall allocate fishing capacity between Member States on the 

following basis: 

(a)

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

period 2000-2001 shall rank first; 

(b)

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

zone shall rank second; 

(c)

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

States taking into account the interests of the Member States requesting an 

authorisation. 

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6.   By way of derogation from point (a) of paragraph 1, vessels fishing with purse seines or 

longlines and vessels fishing for dolphinfish in accordance with Article 8b 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 fishing effort shall anyhow be controlled in order to safeguard the sustainability of these 

fisheries in the zone. 

7.   The master of any trawler authorised to fish in the management zone in accordance 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 8b 

Dolphinfish fishery 

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

by fishing aggregating devices (FADs) from 1 January to 5 August each year.  

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

exceed 130.

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3.   The Maltese authorities shall establish FAD course lines and allocate each FAD course 

line to Community fishing vessels at the latest by 30 June each year.  Community fishing 

vessels flying a flag other than that of Malta shall not be authorised to operate a FAD course 

line within the 12-mile zone. 

4.   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."; 

2) 

the following Article shall be inserted: 

"Article 10a 

Implementing rules and amendments 

Detailed rules for the implementation of Articles 8a and 8b, in particular, on the criteria to be 

applied for the establishment and allocation of FAD course lines pursuant to Article 8b(3), 

shall be adopted in accordance with the procedure referred to in Article 30(2) of Council 

Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable 

exploitation of fisheries resources under the Common Fisheries Policy 1."; 

1

OJ L 358, 31.12.2002, p. 59. 

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3) 

the text appearing in the Annex to this Regulation shall be inserted after Annex IV. 

Article 2

This Regulation shall enter into force only subject to and on the date of the entry into force of the 

Treaty of Accession. 

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

Done at Luxembourg, 26.4.2004. 

For the Council 

The President 

J. WALSH 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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ANNEX

"Annex V 

25 mile management zone around Maltese Islands

(a)  Authorised trawlable areas to the approaches of the Maltese islands: geographic coordinates 

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

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(b) Geographic coordinates 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 
14.5540°E
14.5567°E
36.3159°N 
14.5379°E
36.2735°N 
36.2357°N 
14.4785°E
14.4316°E
36.1699°N 
14.3534°E
36.1307°N 
14.2127°E
36.1117°N 
14.1658°E
36.1003°N 
14.152°E
36.0859°N 
14.143°E
36.0547°N 
14.1584°E
35.9921°N 
14.1815°E
35.9744°N 
14.2235°E
35.9608°N 
14.2164°E
35.9296°N 
14.2328°E
35.8983°N 
14.4929°E
35.867°N 
14.2845°E
35.8358°N 
35.8191°N 
14.2753°E
35.7863°N 
14.3534°E
14.4316°E
35.7542°N 
14.4473°E
35.7355°N 
14.5098°E
35.7225°N 
14.5365°E
35.6951°N 
35.6325°N 
14.536°E
35.57°N
14.5221°E 
35.5348°N 
14.588°E
14.6192°E
35.5037°N 
14.6349°E
35.5128°N 
14.6717°E 
35.57°N
14.647°E
35.5975°N 
14.6036°E
35.5903°N 
35.6034°N 
14.574°E
14.5535°E
35.6532°N 
14.5723°E
35.6726°N 
14.5937°E
35.6668°N 
14.6424°E
35.6618°N 
14.6661°E
35.653°N 
14.6853°E 
35.57°N
14.713°E
35.5294°N 
14.7443°E
35.5071°N 
35.4878°N 
14.7834°E
35.4929°N 
14.8247°E
14.8246°E
35.4762°N 
36.2077°N 
13.947°E
36.1954°N 13.96°E 
13.947°E
36.1773°N 
13.9313°E
36.1848°N 
13.925°E
36.1954°N 
14.1815°E
35.4592°N 
14.1895°E
35.4762°N 
14.2127°E
35.4755°N 
35.4605°N 
14.2199°E
35.4453°N 
14.1971°E".