European Parliament legislative resolution on the proposal for a Council regulation concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea and amending Regulations (EEC) No 2847/93 and (EC) No 973/2001 (COM(2003)0589 - C5-0480/2003 - 2003/0229(CNS))
Date: 2005-06-09
Institutions: European Parliament
Subjects: Malta, Mediterranean Sea, authorised catch, common fisheries policy, conservation of fish stocks, fishing area, fishing controls, fishing net, fishing regulations

25.5.2006

EN

Official Journal of the European Union

C 124 E/527

Thursday 9 June 2005

P6_TA(2005)0234

Sustainable exploitation of Mediterranean fishery resources *

European Parliament legislative resolution on the proposal for a Council regulation concerning
management measures for the sustainable exploitation of fishery resources in the Mediterranean
Sea and amending Regulations (EEC) No 2847/93 and (EC) No 973/2001 (COM(2003)0589 —
C5-0480/2003 — 2003/0229(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2003)0589) (1),

— having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament

(C5-0480/2003),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Fisheries (A6-0112/2005),

1.

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC

2.
Treaty;

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal

4.
substantially;

5.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 6

(6) The management system provided for in this Regulation
covers operations relating to the fishing of Mediterranean
stocks carried out by Community vessels whether in Com-
munity 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.

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

Amendment 2

Recital 23

(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 species
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.

(1) Not yet published in OJ.

from the

should emanate

(23) Since Community fisheries account for more than 75 %
of the catches of the swordfish in the Mediterranean Sea, it is
appropriate to lay down management measures. In order to
the technical
ensure that
these measures are effective,
measures for the conservation of certain stocks of highly
migratory species
competent
regional fisheries organisations. Accordingly, the Commis-
sion should submit to the GFCM and the International
Commission for
the Conservation of Atlantic Tuna
(ICCAT), as quickly as possible, suitable proposals in order
to establish a minimum landing size in Mediterranean fish-
eries, as well as specifications which will enable longliners to
match this limit. The absence of an agreement within a
specified period of time will not prevent
the EU from
imposing measures to this effect until a definitive agreement
is reached on a multilateral basis.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 3

Article 1, paragraph 1, point (a) (ii)

(ii) by Community fishing vessels in the Mediterranean Sea

(ii) by Community fishing vessels in the Mediterranean Sea

outside the waters referred to in (i);

outside the waters referred to in (i); and

Amendment 4

Article 1, paragraph 1, point (a) (iii)

(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

deleted

Amendment 5

Article 2, point 16 a (new)

(16 a) ‘trap’ means fishing gear which is fixed to the
bottom of the sea and which acts as a trap to catch
marine species. It is constructed in the form of a
basket, barrel or cage, and in the majority of cases
it comprises a rigid or semi-rigid frame covered with
netting. It has one or more funnels or mouths with
smooth ends which allow species to enter
the
internal chamber. It is fixed using a device known
as a troll or trolling line, in which each element is
linked at regular intervals to a mother line.

Amendment 6

Article 4

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.

Fishing with trawl nets, dredges, traps, purse seines, boat
1.
seines, shore seines or similar nets above beds of seagrass
(Posidonia oceanica) or other marine phanerogams, and coral
and maerl beds, shall be prohibited.

Amendment 7

Article 4, paragraph 1 a (new)

The use of towed nets at depths of over 1 000 metres

1a.
shall likewise be prohibited.

Amendment 8

Article 5, paragraph 2

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 occur-
ring,
in particular, totally or partially beyond the territorial
seas of Member States, including the types of fishing activities
banned or authorised in such areas.

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 2005, protected areas occur-
ring,
in particular, totally or partially beyond the territorial
seas of Member States, including the types of fishing activities
banned or authorised in such areas.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Thursday 9 June 2005

Amendment 9

Article 6, paragraph 1

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.

1. Member States shall designate, before 31 December
2005, 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.

Amendment 10

Article 7

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

The following shall not be used for fishing or kept on

1.
board:

(a) toxic, soporific or corrosive substances,

(a) toxic, soporific or corrosive substances,

(b) electric shock generators,

(c) explosives,

(b) electric shock generators,

(c) explosives,

(d) substances that can explode if mixed,

(d) substances that can explode if mixed,

(e) towed devices for harvesting red coral,

(e) towed devices for harvesting red coral,

(f) pneumatic hammers or other percussive instruments for

(f) pneumatic hammers or other percussive instruments for

the collection of species dwelling in rocks.

the collection of species dwelling in rocks.

2.
Bottom-set nets and anchored floating nets shall not
be used 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; Carch-
arhinidae; Sphyrnidae; Isuridae; Lamnidae).

Amendment 11

Article 8, paragraphs 1 to 4

1.
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.

1.
The use for fishing and the keeping on board of a towed
net, an encircling net or a gillnet 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

2.
specified in Commission Regulation (EC) No 129/2003.

The mesh size shall be determined by the procedures

2.
specified in Commission Regulation (EC) No 129/2003.

For towed nets, other than those referred to in para-

3.
graph 4, the minimum mesh size shall be:

For towed nets, other than those referred to in para-

3.
graph 4, the minimum mesh size shall be:

(1) until 31 December 2005: 40 mm;

(1) until 31 December 2006: 40 mm;

(2) from 1 January 2006: 50 mm;

(2) from 1 January 2007, the net referred to in the previous
subparagraph shall be replaced by a square-meshed net of
40 mm at the cod-end or, at the duly justified request of the
shipowner, by a rhomboid-meshed net of 50 mm.

In relation to the previous subparagraph, fishing vessels
shall be authorised to use and keep on board only one of the
two types of net and shall opt either for the square-meshed
net of 40 mm at the cod-end or for a rhomboid-meshed net
of 50 mm.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(3) from 1 January 2009: 60 mm.

The Commission shall submit a report on the implementa-
tion of this paragraph to the European Parliament and the
Council by 30 June 2010, on the basis of which it shall
propose due adjustments where appropriate.

4.
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.

4.
For pelagic trawl nets targeting sardine and anchovy,
where these species account for at least 80 % of the catch in
live weight after sorting, the minimum mesh size shall be
20 mm.

Amendment 12

Article 9, paragraph 1

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 2.5 cm shall be prohibited for any fishing
vessel using longlines and landing or having on board a quan-
tity of red sea-bream (Pagellus bogaraveo) that constitutes more
than 20 % of the catch in live weight after sorting.

1.
The use for fishing and the keeping on board of any
longlines with hooks of a total length less than 3.95 cm and
of a width less than 1.65 cm 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.

Amendment 13

Article 12

1.
The use of towed gears shall be prohibited within 3
nautical miles of the coast or within the 50 m isobath where
that depth is reached at a shorter distance from the coast.

1.
The use of towed gears shall be prohibited within 3
nautical miles of the coast or within the 50 m isobath where
that depth is reached at a shorter distance from the coast.

By way of derogation from the first subparagraph, the use of
hydraulic dredges shall be authorised between 1.5 and 3
nautical miles irrespective of
the
catch of species other than shellfish does not exceed 10 % of
the total live weight of the catch.

the depth provided that

By way of derogation from the first subparagraph, the use of
hydraulic dredges shall be authorised between 0.5 and 3
nautical miles irrespective of
the
catch of species other than shellfish does not exceed 10 % of
the total live weight of the catch

the depth provided that

The use of trawl nets and hydraulic dredges shall be

2.
prohibited within 1.5 nautical miles of the coast.

2.
The use of trawl nets shall be prohibited within 1.5
nautical miles of the coast and the use of hydraulic dredges
shall be prohibited within 0.5 nautical miles of the coast.

The use of purse seines shall be prohibited within 0.5
3.
nautical miles of the coast or 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 encir-
cling 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 selec-
tive and have a negligible effect on the marine environment
and provided that those fisheries are concerned by a manage-
ment plan as referred to in Article 17. Member States shall
provide up to date scientific and technical
justifications for
such a derogation.

The use of purse seines shall be prohibited within 300
3.
metres of the coast or within the 50 metres isobath where
that depth is reached at a shorter distance from the coast.

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, such as the size of coastal platforms, where the
fisheries concerned are highly selective, have a negligible
effect on the marine environment and affect a small number
of vessels, 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 justifica-
tions for such a derogation.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Thursday 9 June 2005

Nevertheless, any fishing gear used at a shorter distance
from the coast than that laid down in paragraphs 1 and 2
and utilised in accordance with the Community legislation
in force laid down in Regulation (EC) No 1626/94 as
amended by Regulation (EC) No 2550/2000, including the
derogations provided, may be used until 31 December 2006,
unless the Council decides otherwise, acting by a qualified
majority on a proposal from the Commission and in the
light of scientific evidence.

Amendment 14

Article 14, paragraph 1

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.

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
live for the purpose of artificial restocking or transplantation
with the permission and under the authority of the Member
State where those activities take place.

Amendment 15

Article 14, paragraph 3a (new)

The

3a.
and
and
restocking with non-indigenous species shall be prohibited.

transplantation

introduction

of

Amendment 16

Article 15, paragraph 1

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

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

Amendment 17

Article 15, paragraph 3, subparagraph 1a (new)

Nevertheless, by way of exception, the marketing of species
caught in competition may be authorised provided that the
profits from their sale are used for charitable purposes.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 18

Article 17, paragraph 1

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 terri-
torial waters. Article 6(2), (3) and (4) first subparagraph of
Regulation (EC) No 2371/2002 shall apply to those manage-
ment plans.

1. Member States shall adopt, by 31 December 2005,
management plans for fisheries conducted by boat seines,
shore seines, encircling nets and dredges within their terri-
torial waters. Article 6(2), (3) and (4) first subparagraph of
Regulation (EC) No 2371/2002 shall apply to those manage-
ment plans.

Amendment 19

Article 17, paragraph 5, point d a (new)

(da) financial support in the event of biological rest periods.

Amendment 20

Article 22
Article 4a (Regulation (EC) No 973/2001)

Article 22

deleted

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

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

Carcharhinidae;

Sphyrnidae;

4.
(a)

(b)

For the purposes of paragraph 2:
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;

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.’

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Thursday 9 June 2005

Amendment 21

Article 23
Annex IV, entry concerning swordfish (Regulation (EC) No 973/2001)

Article 23

Minimum size

deleted

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) (*)

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

Amendment 22

Article 23 a (new)

Article 23 a

The Council shall decide, on a proposal from the Commis-
sion, on technical measures for the protection of juvenile
swordfish in the Mediterranean before 31 March 2006.

Amendment 23

Annex II, section 1, ‘DREDGES’

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

The maximum breadth of dredges shall be 3 m, except in the
case of dredges for sponge fishing (gagava).

Amendment 24

Annex II, section 3, indent 3

— It shall be prohibited to have on board and set more than
5 000 m of trammel net, bottom-set gillnet or anchored
floating gillnet per vessel.

— It shall be prohibited to have on board and set more than
6 000 m of trammel net, bottom-set gillnet or anchored
floating gillnet per vessel, taking into account that, in the
case of a single fisherman, such nets may not exceed
2500 metres, to which a further 2 000 metres may be
added for a second fisherman and another 1500 metres
for a third.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 25

Annex II, sections 6, 7 and 8

6. Bottom-set longline

6. Bottom-set longline

— It shall be prohibited to have on board and set more than

— It shall be prohibited to have on board and set more than

7 000 m of longline per vessel.

3 000 hooks per vessel.

7. Pots lines for deep-water crustacean fishery

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.

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

8. Surface-set longline (floating)

8. Surface-set longline (floating)

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

It shall be prohibited to have on board and set more than:

— 2 000 hooks per vessel for vessels catching bluefin tuna

(Thunnus thynnus);

— 3 500 hooks for vessels catching swordfish (Xyphias

gladius);

— 5 000 hooks per vessel for vessels catching albacore

(Thunnus alalunga).

Amendment 26

Annex III

Scientific name

Minimum size

Scientific name

Minimum size

1. Fishes

Dicentrarchus labrax

25 cm

Diplodus annularis

Diplodus puntazzo

Diplodus sargus

Diplodus vulgaris

Engraulis encrasicolus *

Epinephelus spp.

Lithognathus mormyrus

Merluccius merluccius

(until 31 December 2008)

20 cm (from 1 January 2009)

Mullus spp.

Pagellus acarne

Pagellus bogaraveo

Pagellus erythrinus

Pagrus pagrus

Polyprion americanus

Sardina pilchardus**

12 cm

18 cm

23 cm

18 cm

11 cm

45 cm

20 cm

15 cm

11 cm

17 cm

33 cm

15 cm

18 cm

45 cm

13 cm

1. Fishes

Dicentrarchus labrax

Diplodus annularis

Diplodus puntazzo

Diplodus sargus

Diplodus vulgaris

Engraulis encrasicolus *

Epinephelus spp.

Lithognathus mormyrus

25 cm

12 cm

18 cm

23 cm

18 cm

9 cm

45 cm

20 cm

Merluccius merluccius
Nevertheless, until 31 December 2006 a margin of toler-
ance of 15 % of weight will be permitted for hake
between 15 and 20 cm.

20 cm

This tolerance limit shall be complied with by both indivi-
dual vessels, at sea or at the place of landing, and at the
markets of first sale after landing. This limit shall also
be complied with in any subsequent commercial transac-
tion at national and international level.

Mullus spp.

Pagellus acarne

Pagellus bogaraveo

Pagellus erythrinus

Pagrus pagrus

Polyprion americanus

Sardina pilchardus**

11 cm

17 cm

33 cm

15 cm

18 cm

45 cm

11 cm

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Thursday 9 June 2005

Scomber japonicus

Scomber scombrus

Solea vulgaris

Sparus aurata

Trachurus spp.

2. Crustaceans

Homarus gammarus

Nephrops norvegicus

18 cm

18 cm

25 cm

20 cm

15 cm

30 cm TL

20 mm CL
Nephrops norvegicus

Palinuridae

Parapenaeus longirostris

105 mm CL

20 mm CL

3. Mollusc bivalves

Pecten jacobeus

11 cm

Scomber japonicus

Scomber scombrus

Solea vulgaris

Sparus aurata

Trachurus spp.

2. Crustaceans

Homarus gammarus

20 mm CL

Palinuridae

Parapenaeus longirostris

3. Mollusc bivalves
Pecten jacobeus

Venerupis spp.
Venus spp.

18 cm

18 cm

20 cm

20 cm

15 cm

30 cm TL

70 mm TL
70 mm TL

90 mm CL

20 mm CL

10 cm

25 mm
25 mm

P6_TA(2005)0235

Legal and illegal migration and the integration of migrants

European Parliament resolution on the links between legal and illegal migration and integration of
migrants (2004/2137(INI))

The European Parliament,

— having regard to the Commission communication to the Council, the European Parliament, the Euro-
pean Economic and Social Committee and the Committee of the Regions entitled ‘Study on the links
between legal and illegal migration’ (COM(2004)0412),

— having regard to the Commission communication to the Council, the European Parliament, the Euro-
pean Economic and Social Committee and the Committee of the Regions entitled ‘First annual report
on migration and integration’ (COM(2004)0508),

— having regard to the Commission's Green Paper on an EU approach to managing economic migration

(COM(2004)0811),

— having regard to the European Economic and Social Committee's opinion of 15 December 2004 and
the Committee of the Regions' opinion of 24 January 2005 on the Commission communication
entitled ‘Study on the links between legal and illegal migration’,

— having regard to its resolution of 15 January 2004 on the Communication from the Commission on

immigration, integration and employment (1),

— having regard to the Amsterdam Treaty (pursuant to which the Community is granted powers and

responsibilities in the fields of immigration and asylum) and Article 63 of the EC Treaty,

(1) OJ C 92 E, 16.4.2004, p. 390.