Corrigendum to Council Regulation (EC) No 813/2004 of 26 April 2004 amending Regulation (EC) No 1626/94 as regards certain conservation measures relating to waters around Malta (OJ L 150, 30.4.2004)
Date: 2004-05-24
Institutions: Council of the European Union
Subjects: Malta, conservation of fish stocks, fishing area, fishing regulations, fishing rights

24.5.2004

EN

Official Journal of the European Union

L 185/13

Corrigendum to Council Regulation (EC) No 813/2004 of 26 April 2004 amending Regulation (EC) No 1626/94
as regards certain conservation measures relating to waters around Malta

(Official Journal of the European Union L 150 of 30 April 2004)

Regulation (EC) No 813/2004 of 26 April 2004 should read as follows:

COUNCIL REGULATION (EC) No 813/2004

of 26 April 2004

amending Regulation (EC) No 1626/94 as regards certain conservation measures relating to waters
around Malta

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European Com-
munity,

Article 1

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,

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

1. The following Articles are hereby inserted:

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,

‘Article 8a

25-mile management zone around Malta

Having regard to the proposal from the Commission,

Whereas:

(1)

Pursuant to Article 21 of the Act of Accession, Council
Regulation (EC) No 1626/94 of 27 June 1994 laying
down certain technical measures for the conservation of
fishery resources
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.

in the Mediterranean (3)

is

(2)

These measures need to be adopted before accession so
as to be applicable from the accession of 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
length

fishing vessels smaller than 12 metres overall
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 corre-
sponds 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 manage-
ment zone, as described in Annex V, part (a), to this Regu-
lation, subject to the following conditions:

(1) OJ L 236, 23.9.2003, p. 17.
(2) OJ L 236, 23.9.2003, p. 23.
(3) 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).

(a) the overall fishing capacity of the trawlers allowed to
operate in the management zone shall not exceed the
ceiling of 4 800 kW;

L 185/14

EN

Official Journal of the European Union

24.5.2004

(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
fishing
down general provisions concerning special
permits (*) 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 rele-
vant 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.

The reference fishing capacity shall correspond to 3 600
kW.

Special

4.
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.

If

the

the overall

fishing capacity of

trawlers
5.
authorised to operate in the management zone in accord-
ance 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:

(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;

the interests of the Member States requesting an authori-
sation.

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
to be
characteristics
and vessels
registration number
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.

The master of any trawler authorised to fish in the
7.
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

It shall be prohibited to fish dolphinfish (Coriphaena
1.
spp.) within the management zone by fishing aggregating
devices (FADs) from 1 January to 5 August each year.

The number of vessels participating in the dolphinfish

2.
fishery within the zone shall not exceed 130.

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. Com-
munity 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 accord-
ance with Article 7 of Council 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

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

of Article

1(2)

(c) any remaining fishing capacity for other vessels shall be
divided between the Member States taking into account

(*) OJ 171, 6.7.1994, p. 7.

24.5.2004

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Official Journal of the European Union

L 185/15

‘Article 10a

and sustainable exploitation of fisheries resources under the
common fisheries policy (*).’

Implementing rules and amendments

(*) OJ L 358, 31.12.2002, p. 59.

Detailed rules for the implementation of Articles 8a and 8b,
in particular, on the criteria to be applied for the establish-
ment and allocation of FAD course lines pursuant
to
Article 8b(3), shall be adopted in accordance with the proce-
dure referred to in Article 30(2) of Council Regulation (EC)
No 2371/2002 of 20 December 2002 on the conservation

2. The text appearing in the Annex to this Regulation is

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 April 2004.

For the Council

The President

J. WALSH

L 185/16

EN

Official Journal of the European Union

24.5.2004

ANNEX

‘Annex V

25-mile management zone around the Maltese islands

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

Zone A

A1 — 36° N, 14° E
A2 — 36° N, 14° E
A3 — 35° N, 14° E
A4 — 35° N, 14° E
A5 — 35° N, 14° E
A6 — 35° N, 14° E

Zone B

B1 — 35° N, 14° E
B2 — 35° N, 14° E
B3 — 35° N, 14° E
B4 — 35° N, 14° E
B5 — 35° N, 14° E
B6 — 35° N, 14° E

Zone C

C1 — 35° N, 14° E
C2 — 35° N, 14° E
C3 — 35° N, 14° E
C4 — 35° N, 14° E

Zone D

D1 — 36° N, 14° E
D2 — 36° N, 14° E
D3 — 35° N, 14° E
D4 — 36° N, 14° E

Zone E

E1 — 35° N, 14° E
E2 — 36° N, 14° E
E3 — 35° N, 14° E
E4 — 35° N, 14° E
E5 — 35° N, 14° E

Zone F

F1 — 36° N, 14° E
F2 — 36° N, 14° E
F3 — 36° N, 14° E
F4 — 36° N, 14° E

Zone G

G1 — 36° N, 14° E
G2 — 35° N, 15° E
G3 — 35° N, 14° E
G4 — 35° N, 14° E
G5 — 35° N, 14° E

Zone H

H1 — 35° N, 14° E
H2 — 35° N, 14° E
H3 — 35° N, 14° E
H4 — 35° N, 14° E
H5 — 35° N, 14° E

Zone I

I1 — 36° N, 14° E
I2 — 36° N, 14° E
I3 — 36° N, 14° E
I4 — 36° N, 14° E

Zone J

J1 — 36° N, 13° E
J2 — 36° N, 14° E
J3 — 36° N, 14° E
J4 — 36° N, 13° E

Zone K

K1 — 35° N, 14° E
K2 — 36° N, 14° E
K3 — 36° N, 13° E
K4 — 36° N, 13° E
K5 — 36° N, 13° E

Zone L

L1 — 35° N, 14° E
L2 — 35° N, 14° E
L3 — 35° N, 14° E
L4 — 35° N, 13° E

Zone M

M1 — 36° N, 14° E
M2 — 36° N, 14° E
M3 — 36° N, 14° E
M4 — 36° N, 14° E
M5 — 36° N, 14° E

Zone N

N1 — 36° N, 14° E
N2 — 36° N, 14° E
N3 — 36° N, 14° E
N4 — 36° N, 14° E
N5 — 36° N, 14° E
N6 — 36° N, 14° E

24.5.2004

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Official Journal of the European Union

L 185/17

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

ID

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

Latitude

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

Longitude

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’.