Corrigendum to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 ( OJ L 409, 30.12.2006 )
Date: 2007-02-08
Institutions: Council of the European Union
Subjects: Mediterranean Sea, common fisheries policy, conservation of fish stocks, fishery resources, fishing controls

L 36/6

EN

Official Journal of the European Union

8.2.2007

Corrigendum to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning
management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea,
amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94

(Official Journal of the European Union L 409 of 30 December 2006)

Regulation (EC) No 1967/2006 should read as follows:

COUNCIL REGULATION (EC) No 1967/2006

of 21 December 2006

concerning management measures for the sustainable exploitation of fishery resources in the
Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC)
No 1626/94

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

(5)

(6)

Whereas:

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
in
stocks carried out by Community vessels whether
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.

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 Policy (1) apply to the Mediterranean Sea.

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

By Decision 98/392/EC (2) the Council has concluded 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 the rules of
the
Community endeavours to coordinate the management
living aquatic resources with other
and conservation of
coastal States.

that Convention,

(8)

(9)

Pursuant to Decision 98/416/EC (3) 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 recom-
mendations in the area covered by the GFCM Agreement
which become binding on the Contracting Parties.

(4)

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

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 179, 23.6.1998, p. 1.
(3) OJ L 190, 4.7.1998, p. 34.

It
is necessary to establish an effective management
framework, through an appropriate sharing of responsi-
bilities 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 flora (4) and applicable to marine waters under Member
States’ sovereignty should be extended to the Mediterranean
High Sea.

(10) Council Decision 1999/800/EC of 22 October 1999 on
concluding the Protocol concerning specially protected
areas and biological diversity in the Mediterranean, and on
accepting the annexes to that Protocol (Barcelona Conven-
tion) (5), provides, in addition to the provisions relating to
the conservation of sites of Mediterranean importance, for
drawing up lists of endangered or threatened species and
species whose exploitation is regulated.

(4) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Council and of the Council (OJ
L 284, 31.10.2003, p. 1).
(5) OJ L 322, 14.12.1999, p. 1.

(1)

(2)

(3)

8.2.2007

EN

Official Journal of the European Union

L 36/7

(11)

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
Mediterranean (1) 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 exploita-
tion of fishery resources in the Mediterranean Sea under the
common fisheries policy.

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

(13) 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.

(14) 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.

(15)

In order to avoid further increases in mortality rates for
juveniles and to substantially reduce the amount of discards
is
of dead marine organisms by fishing vessels,
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.

it

(16)

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.

(17) 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.

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

(19)

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.

(20)

In order not to hinder artificial restocking or transplanta-
tion of fish stocks and other marine organisms, operations
necessary for the conduct of such activities should be
permitted, provided they are compatible with the sustain-
ability of the species concerned.

(21) Since leisure fisheries are very important in the Mediter-
ranean, it is necessary to ensure that they are carried out in
a manner
significantly interfere with
commercial fishing, is compatible with sustainable exploi-
living aquatic resources and complies with
tation of
Community obligations in respect of
fishery
organisations.

that does not

regional

(22)

(23)

In view of the specific characteristics of many Mediter-
ranean 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
the establishment of
Community and national management plans, combining in
particular
technical
effort management with specific
measures.

is appropriate to provide for

In order to ensure an efficient control of fishing activities,
certain specific measures complementary to or more
stringent
than those provided by Council Regulation
(EEC) No 2847/93 of 12 October 1993 establishing a
control
common fisheries
policy (2) should be taken. In particular, there is a need to
lower
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.

threshold of 50 kg of

system applicable

the current

to the

(24) 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
ensure that
the technical
these measures are effective,
measures for the conservation of certain stocks of highly
migratory species should emanate from the competent
regional fisheries organisations. Accordingly, the Commis-
sion should submit suitable proposals to the GFCM and the
International Commission for the Conservation of Atlantic
Tuna (ICCAT) as appropriate. The absence of an agreement
within a specified period of time will not prevent the EU
from adopting measures to this effect until a definitive
agreement is reached on a multilateral basis.

(25) Specific provisions concerning fishing in the waters around
Malta have been introduced by Council Regulation (EC) No
813/2004, in accordance with the Act of Accession and in
particular Article 21 and Annex III thereof. It is appropriate
to maintain such provisions.

(1) OJ L 171, 6.7.1994, p. 1. Regulation as last amended by Regulation

(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by

(EC) No 813/2004 (OJ L 185, 24.5.2004, p. 1).

Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

L 36/8

EN

Official Journal of the European Union

8.2.2007

(26) 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
implementing powers
the exercise of
conferred on the Commission (1).

for

(27) 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 o36' W (hereinafter
Mediterranean Sea) falling under the sovereignty
or jurisdiction of Member States;

(ii)

by Community fishing vessels in the Mediter-
ranean Sea outside the waters referred to in (i);

(b)

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

(b)

to marketing of
Mediterranean Sea.

fishery products caught

in the

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, with the exclusion of
troll lines, 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;

(a)

‘towed nets’ means trawl nets, boat seines and shore
seines;

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/

512/EC (OJ L 200, 22.7.2006, p. 11).

(i)

(ii)

‘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 surrounding 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;

(iii)

‘shore seines’ means surrounding nets and towed
seines set from a boat and operated from the
shore;

‘dredges’ means gears which are either actively towed
by the main boat engine (boat dredge) or hauled by a
motorised winch from an anchored vessel (mechan-
ised dredge) to catch bivalves, gastropods or sponges
and which consist of a net bag or metal basket
mounted on a rigid frame or rod of variable size and
shape whose lower part may carry 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 equipped with hydraulic equipment
(hydraulic dredges). Dredges pulled by hand or by
manual winch in shallow waters with or without a
boat to catch bivalves, gastropods or sponges (hand
dredges) shall not be considered towed gears for the
purpose of this Regulation;

2.

‘fishing protected area’ means a geographically-defined sea
area in which all or certain fishing activities are temporarily
or permanently banned or restricted in order to improve
the
living aquatic
resources or the protection of marine ecosystems;

exploitation and conservation of

3.

‘bottom-set net’ means a trammel net, a bottom-set gillnet
or a combined bottom-set net;

(a)

‘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;

8.2.2007

EN

Official Journal of the European Union

L 36/9

(b)

‘bottom-set gillnet’ means any net made up of a single
piece of net held vertically in the water by floats and
weights fixed or capable of being fixed by any means
to the bottom of the sea and maintain the gear in
place either close to the bottom or floating in the
water column;

(c)

‘combined bottom-set net’ means any bottom-set
gillnet combined with a trammel net which constitu-
tes the lower part;

4.

‘surrounding nets’ means nets which catch fish by
surrounding them both from the sides and from below.
They may or may not be equipped with a purse line.

(a)

‘purse seines’ means any surrounding 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 ground rope, enabling the net to be
pursed and closed. Purse seines may be used to catch
small pelagic species, large pelagic species or demersal
species;

‘traps’ means fishing gear which is fixed to or deployed on
the bottom and which acts as a trap to catch marine species.
They are constructed in the form of a basket, pot, barrel or
cage, and in the majority of cases they comprise a rigid or
semi-rigid frame made of various material (wood, wicker,
metal rods, wire netting, etc.) that may or may not be
covered with netting. They have one or more funnels or
mouths with smooth ends that allow species to enter the
internal chamber. They may be used separately or in
groups. When used in groups a main line carries numerous
traps on branch lines of variable length and spacing
depending on the target species;

‘longlines’ means a fishing gear which comprises a main
line carrying numerous hooks on branch lines (snoods) of
variable length and spacing depending on the target species.
It may be deployed either vertically or horizontally to the
sea surface;
it may be set either at or near the bottom
(bottom-set longline) or drifting in midwater or near the
surface (surface longline);

‘hooks’ means a bent, sharpened piece of steel wire usually
with barb. The point of a hook may be either straight or
even reversed and curved; the shank can be of varying
length and form and its cross section can be round (regular)
or flattened (forged). The total length of a hook 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 a hook shall be measured as the greatest horizontal
distance from the external part of the shank to the external
part of the barb;

‘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

5.

6.

7.

8.

9.

either juveniles or adult specimens of highly migratory
species;

10.

‘St Andrew's cross’ is a grab which employs a scissor-like
action to harvest either the bivalve mollusc Pinna nobilis or
the red coral from the sea-bed;

11.

12.

13.

seabed is
‘seagrass bed’ means an area where
characterised by the dominant presence of phanerogams,
or where such vegetation has existed and is in need of
restoration action. Seagrass is a collective terms for the
species Posidonia oceanica, Cymodocea nodosa, Zoostera marina
and Zoostera noltii;

the

‘coralligenous habitat’ means an area where the seabed is
characterised by the dominant presence of a specific
biological community named ‘coralligenous’, or where
such community has existed and is in need of restoration
action. Coralligenous is a collective term for a very complex
biogenic structure given by the continuous overlapping
over a pre-existent rocky or hard substratum of calcareous
strata mainly deriving from the building activity of
encrusting calcareous coralline red algae and animal
organisms such as Porifera, ascidians, cnidarians (horny
corals, seafans, etc.), bryozoans, serpulids and annelids,
together with other limestone-fixer organisms;

‘mäerl bed’ means an area where the seabed is characterised
by the dominant presence of a specific biological commu-
nity named ‘mäerl’, or where such a community has existed
and is in need of restoration action. Mäerl is a collective
term for a biogenic structure due to several species of
coralline red algae (Corallinaceae), which have hard calcium
skeletons and grow as unattached free-living branched,
twig-like or nodular coralline algae on the seabed, forming
accumulations within the ripples of mudflats or sandflats
seabeds. Mäerl beds are usually composed of one or a
variable combination of red algae, in particular Lithotham-
nion coralloides and Phymatolithon calcareum;

14.

‘direct restocking’ means the activity of releasing live wild
animals of selected species in waters where they occur
in order to use the natural production of the
naturally,
aquatic environment to increase the number of individuals
available for
to increase the natural
recruitment;

fisheries and/or

15.

‘transplantation’ means the process by which a species is
intentionally transported and released by humans within
areas of established populations and continuing genetic
flow where it occurs;

16.

‘non-indigenous species’ means a species whose historically
known natural range occurs outside the area of interest;

17.

‘introduction’ means
the process by which a non-
indigenous species is intentionally moved and released by
humans into any area which is outside of its historically
known natural range.

L 36/10

EN

Official Journal of the European Union

8.2.2007

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 Directive
92/43/EEC shall be prohibited except when a derogation has
been granted according to Article 16 of Directive 92/43/EEC.

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

Article 4

Protected habitats

1.
Fishing with trawl nets, dredges, purse seines, boat seines,
shore seines or similar nets above seagrass beds of, in particular,
Posidonia oceanica or other marine phanerogams
shall be
prohibited.

By way of derogation from the first subparagraph, the use of
purse seines, boat seines or similar nets, whose overall drop and
behaviour in fishing operations mean that the purse-line, the
lead-line or the hauling ropes do not touch the seagrass bed, may
be authorised within management plans provided for under
either Articles 18 or 19 of this Regulation.

2.
Fishing with trawl nets, dredges, shore seines or similar nets
above coralligenous habitats and mäerl beds shall be prohibited.

3. The use of towed dredges and trawl nets fisheries at depths
beyond 1 000 m shall be prohibited.

4. The prohibition established in paragraphs 1, subparagraph 1
and paragraph 2 shall, from the date of entry into force of this
Regulation, apply to all Natura 2000 sites, all special protected
areas and all specially protected areas of Mediterranean interest
(SPAMI) which have been designated for the purpose of the
conservation of these habitats under either Directive 92/43/EEC
or Decision 1999/800/EC.

5. By way of derogation from subparagraph 1 of paragraph 1,
fishing by vessels of less than or equal to 12 metres overall
length and engine power of less than or equal to 85 kW with
bottom towed nets traditionally undertaken on Posidonia beds
may be authorised by the Commission in accordance with the
procedure provided in Article 30(2) of Regulation (EC) No 2371/
2002 provided that:

(i)

the fishing activities concerned are regulated by a manage-
ment plan provided for under Article 19 of this Regulation;

(ii)

(iii)

the fishing activities concerned affect not more than 33 %
of the area covered by seagrass beds of Posidonia oceanica
within the area covered by the management plan;

the fishing activities concerned affect not more than 10 %
of seagrass beds in the territorial waters of the Member
State concerned.

Fishing activities authorised pursuant to this paragraph shall:

(a)

(b)

fulfil the requirements of Article 8(1)(h), Article 9(3)(2) and
Article 23;

be regulated in order to ensure that catches of species
mentioned in Annex III are minimal.

However, Article 9(3)(1) shall not apply.

Whenever a fishing vessel, operating under the provisions of this
paragraph, is withdrawn from the fleet with public funds the
special fishing permit to undertake this fishing activity shall be
withdrawn and shall not be reissued.

Member States concerned shall establish a monitoring plan and
report to the Commission every three years from the entry into
force of this Regulation on the status of the seagrass beds of
Posidonia oceanica affected by bottom towed nets activities and the
list of
fishing vessels authorised. The first report shall be
communicated to the Commission before 31 July 2009.

6. Member States shall take appropriate steps to ensure the
collection of
information with a view to the
identification and mapping of habitats to be protected under
this Article.

scientific

CHAPTER III

FISHING PROTECTED AREAS

Article 5

Information procedure establishing fishing protected areas

information relevant

Member States shall provide to the Commission, for the first time
before 31 December 2007,
to the
establishment of fishing protected areas, and to the possible
management measures to be applied therein, both in waters
under their jurisdiction and beyond where the protection of
nursery areas, of spawning grounds or of the marine ecosystem
from harmful effects of fishing requires special measures.

Article 6

Community fishing protected areas

1. On the basis of information provided pursuant to Article 5
of this Regulation, as well as any other relevant information for
the same purpose, the Council shall designate, within two years
from the adoption of this Regulation, fishing protected areas
occurring essentially beyond the territorial seas of Member
fishing activities banned or
States, concerning the types of
authorised in such areas.

8.2.2007

EN

Official Journal of the European Union

L 36/11

fishing
2. The Council may subsequently designate other
protected areas, or change their delimitation and management
rules established therein, on the basis of new relevant scientific
information.

3. Member States and the Commission shall take appropriate
steps to ensure adequate collection of scientific information with
a view to scientific identification and mapping of areas to be
protected in accordance with this Article.

CHAPTER IV

RESTRICTIONS CONCERNING FISHING GEARS

Article 8

Prohibited fishing gears and practices

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

(a)

toxic, soporific or corrosive substances;

Article 7

(b)

electric shock generators;

National fishing protected areas

(c)

explosives;

1. Member States shall designate, within two years from the
adoption of this Regulation and on the basis of information
provided pursuant to Article 5 of this Regulation, further fishing
protected areas, with respect
to the fishing protected areas
already established by the time of entering into force of this
territorial waters in which fishing
Regulation, within their
activities may be banned or restricted in order to conserve and
manage living aquatic resources or maintain or improve the
conservation status of marine ecosystems. 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 fishing
protected areas or change the delimitations and management
rules established under paragraph 1 on the basis of new relevant
scientific information. Member States and the Commission shall
take appropriate steps to ensure adequate collection of scientific
information with a view to scientific identification and mapping
of areas to be protected in accordance with this Article.

(d)

substances that can explode if mixed;

(e)

(f)

(g)

towed devices for harvesting red coral or other type of
corals or coral-like organisms;

pneumatic hammers or other percussive instruments for
the collection,
in particular, of bivalve molluscs digging
within the rocks;

in
St Andrew's cross and similar grabs for harvesting,
particular, red coral or other type of corals or coral-like
organisms;

(h)

panels of netting smaller than 40mm mesh size opening for
bottom trawlers.

2. Bottom-set 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 and Lamnidae).

3. The measures referred to in paragraphs 1 and 2 shall be
notified to the Commission. In applying provisions in paragraphs
1 and 2, Member States shall inform the Commission of the
scientific, technical, and legal reasons underpinning the require-
ment of special measures.

By way of derogation, accidental by-catches of no more than
three specimens of the shark species referred to in the first
subparagraph above may be retained on board or landed
provided that they are not protected species under Community
law.

4. When a proposed fishing 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.

If the Commission considers that the fisheries management
5.
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 fishing protected area or adopt fisheries management
measures in respect of the waters concerned.

3. The catching, keeping on board,
landing,
storing, selling and displaying or offering for sale of date shell
(Lithophaga litophaga) and common piddock (Pholas dactylus) shall
be prohibited.

transhipping,

4.
Spear-guns shall be prohibited if used in conjunction with
underwater breathing apparatus (aqualung) or at night from
sunset to dawn.

transhipping,

5. The catching, keeping on board,
landing,
storing, selling and displaying or offering for sale of berried
female crawfish (Palinuridae spp.) and berried female lobster
(Homarus gammarus) shall be prohibited. Berried female crawfish
and berried female lobster shall be returned to sea immediately
after accidental catching or may be used for direct restocking and
transplantation within management plans established pursuant
to either Articles 18 or 19 of this Regulation.

L 36/12

EN

Official Journal of the European Union

8.2.2007

Article 9

Minimum mesh sizes

Article 10

Minimum hook size

1. The use for fishing and the keeping on board of a towed net,
a surrounding 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 of this Article.

2. The mesh size shall be determined by the procedures
specified in Commission Regulation (EC) No 129/2003 (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.

Article 11

For towed nets, other than those referred to in paragraph 4,

3.
the minimum mesh size shall be:

Attachments to and rigging of trawl nets

(1)

until 30 June 2008: 40 mm;

(2)

from 1 July 2008, the net referred to in point 1 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
diamond 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;

(3) The Commission shall submit a report on the implementa-
tion of this paragraph to the European Parliament and the
Council by 30 June 2012, on the basis of which as well as
on the basis of the information delivered by Member States
before 31 December 2011 it shall propose due adjustments
where appropriate.

4.
For 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.

For surrounding nets the minimum mesh size shall be

5.
14 mm.

6. (a) Bottom-set gillnets shall not have a mesh size opening

smaller than 16 mm.

(b) For bottom-set 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.

7. A Member State may allow a derogation from the provisions
set out in paragraphs 3, 4 and 5 for boat seines and shore seines
which are affected by a management plan as referred to in Article
19 and provided that the fisheries concerned are highly selective,
have a negligible effect on the marine environment and are not
affected by provisions in Article 4(5).

8. Member States
technical justifications for such a derogation.

shall provide up-to-date scientific and

(1) OJ L 22, 25.1.2003, p. 5.

1. The mesh in any part of the net shall not be obstructed or
otherwise effectively diminished except by devices permitted by
Commission Regulation (EEC) No 3440/84 (2) or listed in Annex
I(a) to this Regulation.

2. The rigging of trawl nets shall comply with the technical
specifications laid down in Annex I(b) to this Regulation.

Article 12

Dimensions of fishing gears

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

Article 13

Minimum distances and depths for the use of fishing gears

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
dredges shall be authorised within 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.

2. The use of trawl nets shall be prohibited within 1,5 nautical
miles of the coast. The use of boat dredges and of hydraulic
dredges shall be prohibited within 0,3 nautical miles of the coast.

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

A purse seine shall not be deployed at depths less than 70 % of
the overall drop of the purse seine itself as measured in Annex II
to this Regulation.

(2) OJ L 318, 7.12.1984, p. 23. Regulation as last amended by
Regulation (EEC) No 2122/89 (OJ L 203, 15.7.1989, p. 21).

8.2.2007

EN

Official Journal of the European Union

L 36/13

4. The use of dredges for sponge fishing shall be prohibited
within the 50 m isobath and shall not be undertaken within 0,5
nautical miles of the coast.

in
5. At the request of a Member State, the Commission,
accordance with the procedure provided in Article 30(2) of
Regulation (EC) No 2371/2002, shall allow a derogation from
paragraphs 1, 2 and 3, on condition that such derogation is
justified by particular geographical constraints, such as the
limited size of coastal platforms along the entire coastline of a
Member State or the limited extent of trawlable fishing grounds,
where the fisheries have no significant impact on the marine
environment and affect a limited number of vessels, and
provided that those fisheries cannot be undertaken with another
gear and are subject to a management plan as referred to in
Articles 18 or 19. Member States shall provide up-to-date
scientific and technical justifications for such derogation.

6. By way of derogation from paragraph 2, trawl nets may be
temporarily used until 31 December 2007 at a shorter distance
from the coast than 1,5 nautical miles provided that depth is
greater than the 50 metres isobath.

7. By way of derogation from paragraph 3, purse seines may be
temporarily used until 31 December 2007 at a shorter distance
from the coast than 300 metres or at a depth less than the 50
metres isobath but not less than the 30 metres isobath. Purse
seine may be temporarily used, until 31 December 2007 at
depths less than 70 % of the overall drop of the purse seine itself
as measured in Annex II to this Regulation.

8. By way of derogation from paragraph 2, both boat dredges
and hydraulic dredges may be temporarily used until 31 Decem-
ber 2007 at a shorter distance from the coast than 0,3 nautical
miles.

9. The derogation referred to in paragraph 5 shall apply only to
fishing activities already authorised by Member States and to
vessels with a track record in the fishery of more than five years
and shall not
involve any future increase in fishing effort
provided. A list of authorised fishing vessels and their
characteristics shall be communicated to the Commission by
30 April 2007 and a comparison with the characteristics of this
fleet on 1 January 2000 shall be reported.

In addition these fishing activities shall:

(a)

fulfil the requirements of Article 4, Article 8(1)(h), Article 9
(3)(2) and Article 23;

Member States concerned shall establish a monitoring plan and
report to the Commission every three years from the entry into
force of this Regulation. The first report shall be communicated
to the Commission before 31 July 2009. In the light of these
reports the Commission may take actions in accordance with
Article 18 or Article 19(9) of this Regulation.

10. Derogations from paragraphs 1 and 2 shall be allowed for
fisheries benefiting from a derogation under Article 4(5) of this
Regulation and in accordance with the procedure provided in
Article 30(2) of Regulation (EC) No 2371/2002.

11. By way of derogation from paragraph 2, the use of trawl
nets between 0,7 and 1,5 nautical miles off the coast shall be
authorised subject to the following conditions:

— sea-depth shall not be less than the 50 metres isobath,

— particular geographical constraints such as the limited size
of coastal platforms along the entire coastline of
the
Member State or the limited extension of trawlable fishing
grounds,

— no significant impact on the marine environment,

— compliance with subparagraph 3(a) and (b) of paragraph 9,

— it shall not entail any increase in fishing effort with respect

to what is already authorised by Member States.

Member States shall notify to the Commission by 30 September
2007 the modalities for applying this derogation. This notifica-
tion shall include a list of authorised fishing vessels and zones, as
identified by geographic coordinates both on land and at sea.

Member States concerned shall monitor the fishing activities in
the zones concerned and ensure a scientific evaluation. The
results of the scientific evaluation shall be communicated to the
Commission every three years from the entry into force of this
Regulation. The first report shall be communicated to the
Commission by 31 July 2009.

If the Commission, on the basis of the notifications provided by
Member States in accordance with subparagraphs 2 and 3, or of
the conditions for a
new scientific advice, considers that
derogation are not met,
it may, after having consulted the
Member State concerned, ask it to amend the derogation or may
propose to the Council appropriate measures for the protection
of the resources and the environment.

(b)

not interfere with the activities of vessels using gears other
than trawls, seines or similar towed nets;

Article 14

(c)

be regulated in order to ensure that catches of species
mentioned in Annex III, with the exception of mollusc
bivalves, are minimal;

(d)

not target cephalopods.

Transitional derogations to the minimum mesh size and
minimum distance from the coast for the use of fishing
gears

1. Any fishing gear referred to in Article 9(3), (4) and (5), the
minimum mesh size of which is smaller than that established
therein, and the use of which is in accordance with national law

L 36/14

EN

Official Journal of the European Union

8.2.2007

in force on 1 January 1994, may be used until 31 May 2010
even if it does not fulfil the requirements of Article 13(9).

sold, stored, displayed or offered for sale providing that they meet
the requirements specified in Article 15.

2. Any fishing gear referred to in Article 13(1), (2) and (3),
used at a shorter distance from the coast than that established
therein, and the use of which is in accordance with national law
in force on 1 January 1994, may be used until 31 May 2010
even if it does not fulfil the requirements of Article 13(9).

3.
Paragraphs 1 and 2 apply unless the Council decides
otherwise, acting by a qualified majority on a proposal from the
Commission and in the light of scientific evidence.

CHAPTER V

MINIMUM SIZES OF MARINE ORGANISMS

Article 15

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.

shall be measured in
2. The size of marine organisms
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.

3.
Paragraph 1 shall not apply to fries of sardine landed for
human consumption if caught by boat seines or shore seines and
authorised in accordance with national provisions established in
a management plan as referred to in Article 19, provided that the
stock of sardine concerned is within safe biological limits.

4. The introduction and transplantation of and direct restock-
ing with non-indigenous species shall be prohibited except when
carried out according to paragraph (b) of Article 22 of Council
Directive 92/43/EEC.

CHAPTER VI

NON-COMMERCIAL FISHING

Article 17

Leisure fisheries

1. The use of towed nets, surrounding nets, purse seines, boat
dredges, mechanised dredges, gillnets,
and
leisure
combined bottom-set nets
fisheries. The use of longlines for highly migratory species shall
also be prohibited for leisure fisheries.

shall be prohibited for

trammel nets

leisure fisheries are
shall ensure that
2. Member States
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. Nevertheless, by
way of exception, the marketing of species caught in sportive
competitions may be authorised provided that the profits from
their sale are used for charitable purposes.

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
to Council Regulation (EC) 973/2001 (1) and
in Annex I
occurring in the Mediterranean.

5. Member States
fishing with
spearguns in particular to fulfil the obligations set out in Article
8(4).

regulate underwater

shall

Article 16

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

Direct restocking and transplantation

1. By way of derogation from Article 15, undersized marine
transhipped,
organisms may be caught, retained on board,
landed, transferred, stored, sold, displayed or offered for sale live
for the purpose of direct restocking or transplantation with the
permission and under the authority of the Member State where
those activities take place.

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.

CHAPTER VII

MANAGEMENT PLANS

Article 18

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:

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

(1) OJ L 137, 19.5.2001, p. 1. Regulation as last amended by Regulation

(EC) No 831/2004 (OJ L 127, 29.4.2004, p. 33).

(a)

fishing effort management measures;

8.2.2007

EN

Official Journal of the European Union

L 36/15

(b)

(c)

(d)

including where appropriate
specific technical measures,
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;

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

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

Management plans shall provide for the issuing of special fishing
permits in accordance with Regulation (EC) No 1627/94 (1).

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.

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
receipt.

3. Member States and the Commission shall ensure adequate
scientific monitoring of the management plans. In particular,
certain management measures 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.

Article 19

Management plans for certain fisheries in territorial waters

1. Member States
shall adopt, by 31 December 2007,
management plans for fisheries conducted by trawl nets, boat
seines, shore seines, surrounding 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 manage-
ment plans on the basis of new relevant scientific information.

3. Member States shall ensure adequate scientific monitoring of
In particular, certain management
the management plans.
measures 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.

(1) OJ L 171, 6.7.1994, p. 7.

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)

(d)

the characteristics of the fisheries in which the stocks are
caught;

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 1627/94.

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.

7. Management plans referred to in paragraph 1 shall be
notified to the Commission by 30 September 2007 for it to
present its observations before the plan is adopted. Management
plans referred to in paragraph 2 shall be notified to the
Commission six months in advance of the foreseen date of entry
into force. 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 2371/2002.

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 pursuant to either paragraph 1 or
paragraph 2 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 20

Catch of target species

1. The percentages referred to in Article 9(4) and (6), Article 10
and Article 13(1) 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.

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

L 36/16

EN

Official Journal of the European Union

8.2.2007

Article 21

Transhipment

Only masters of fishing vessels who complete a logbook in
accordance with Article 6 of Regulation (EEC) No 2847/93 may
tranship living aquatic organisms to other vessels, or receive
transhipments of such organisms from other vessels.

Article 22

Designated ports

3. The Commission shall send the list to the GFCM Executive
Secretariat before 1 July 2007 so that these vessels can be entered
on the GFCM register of vessels more than 15 metres in overall
length authorised to fish in the GFCM Agreement area
(hereinafter referred to as the GFCM register).

4. Any change to be made to the list indicated in paragraph 1
shall be notified to the Commission for transmission to the
GFCM Executive Secretariat, the same procedure applying, at
least 10 working days before the vessel begins fishing activity in
the GFCM area.

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

5. Community fishing vessels more than 15 metres in overall
length that are not entered on the list indicated in paragraph 1
shall not fish, retain on board, tranship or land any type of fish
or shellfish within the GFCM area.

2. Member States shall notify to the Commission by 30 April
2007 a list of designated ports. The Commission shall transmit
the list to the other Member States.

6. Member States shall take the necessary measures to ensure
that:

Article 23

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
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.

than 15 kg of

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.’.

Article 24

Register of vessels authorised to fish in the GFCM
Agreement area

1. Before 1 June 2007 each Member State shall send the
Commission, through the accustomed data-processing support, a
list of the vessels of more than 15 metres overall length flying its
flag and registered in its territory that it authorises to fish in the
GFCM area by issue of a fishing permit.

2. The list indicated in paragraph 1 shall include the following
information:

(a)

(b)

(c)

(d)

only vessels flying their flag that are included in the list
indicated in paragraph 1 and hold on board a fishing
permit issued by them are authorised, under the terms of
the permit, to carry out fishing activities in the GFCM area;

no fishing permit is issued to vessels that have carried out
illegal, unregulated and unreported fishing in the GFCM
area or elsewhere (IUU fishing), unless the new owners
provide adequate documentary evidence that the previous
owners and operators have no longer any legal, beneficial
or financial interest in, or exercise any control over, their
vessels, or that their vessels neither take part in nor are
associated with IUU fishing;

to the extent possible, their national legislation prohibits
owners and operators of vessels flying their flag that are
included in the list indicated in paragraph 1 from taking
part in or being associated with fishing activities in the
GFCM Agreement area by vessels not on the GFCM register;

legislation requires
to the extent possible, their national
owners of vessels flying their flag that are included in the
list indicated in paragraph 1 to be nationals or legal entities
within the flag Member State;

(e)

their vessels comply with all the relevant GFCM conserva-
tion and management measures.

(a)

vessel's Community fleet
register number
external marking as defined in Annex I
Regulation (EC) No 26/2004 (1);

(CFR), and
to Council

7. Member States shall take the necessary measures to prohibit
fishing, retention on board, transhipment and landing of fish and
shellfish caught in the GFCM area by vessels more than 15
metres in overall length that are not on the GFCM register.

(b)

period authorised for fishing and/or transhipment;

(c)

fishing gears used.

(1) OJ L 5, 9.1.2004, p. 25.

8. Member States
shall without delay pass on to the
Commission any information showing that there are strong
reasons for suspecting that vessels more than 15 metres in
overall length that are not on the GFCM register are fishing for or
transhipping fish and shellfish in the GFCM Agreement area.

8.2.2007

EN

Official Journal of the European Union

L 36/17

CHAPTER IX

MEASURES FOR HIGHLY MIGRATORY SPECIES

Article 25

Swordfish fisheries

The Council shall decide on technical measures for the protection
of
juvenile swordfish in the Mediterranean Sea before 31
December 2007.

CHAPTER X

MEASURES FOR THE WATERS AROUND MALTA

Article 26

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 manage-
ment zone) shall be regulated as follows:

(a)

(b)

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

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 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 the following
conditions:

to this Regulation,

subject

(a)

(b)

(c)

fishing capacity of

the trawlers allowed to
the overall
operate in the management zone must not exceed the
ceiling of 4 800 kW;

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 shall be identified by a
broken line, the waypoints of which are listed in Annex V
(b) to this Regulation;

trawlers fishing in the management zone shall hold a
special
fishing permit in accordance with Article 7 of
Regulation (EC) No 1627/94 laying down general provi-
fishing permits and shall be
sions concerning special
included in a list containing their external marking and
vessel's Community fleet register number (CFR) as defined
in Annex I to Regulation (EC) No 26/2004 to be provided
to the Commission annually by the Member States
concerned;

If the overall fishing capacity referred to in paragraph 2(a)
3.
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 (herein-
after
the
Commission shall, in accordance with the procedure laid down
in Article 29, allocate this surplus of available fishing capacity
between the Member States taking into account the interest of
the Member States requesting an authorisation.

fishing capacity),

referred to as

reference

the

The reference fishing capacity corresponds 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
the date of
application of this Article.

register at

If the overall fishing capacity of the trawlers authorised to
5.
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:

(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.

6. By way of derogation from paragraph 1(a), vessels fishing
with purse seines or longlines and vessels fishing for dolphinfish
in accordance with Article 27 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
external marking and vessel's Community fleet register number
(CFR) as defined in Annex I to Regulation (EC) No 26/2004, 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 27

Dolphinfish fishery

(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 conserva-
tion of stocks.

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

L 36/18

EN

Official Journal of the European Union

8.2.2007

2. The number of vessels participating in the dolphinfish
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 that 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 Commission shall, in accordance with the procedure laid
down in Article 29, establish the criteria to be applied for the
establishment and allocation of FAD course lines.

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 external marking and vessel's
Community fleet register number (CFR) as defined in Annex I to
Regulation (EC) No 26/2004 to be provided to the Commission
by the Member State concerned. 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 28

Decision-making procedure

Article 29

Implementing rules

Detailed rules for the implementation of Articles 26 and 27 of
this Regulation shall be adopted in accordance with the
procedure referred to in Article 30(2) of Regulation (EC) No
2371/2002.

Article 30

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.

Article 31

Repeal

Regulation (EC) No 1626/94 is repealed.

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.

Article 32

Entry into force

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.

This Regulation shall enter into force on the 30th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 21 December 2006.

For the Council

The President

J. KORKEAOJA

8.2.2007

EN

Official Journal of the European Union

L 36/19

ANNEX I

Technical conditions for attachments to and rigging of trawl nets

Definitions

For the purposes of this Annex:

(a)

(b)

(c)

‘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;

‘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;

‘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)

(f)

(g)

(h)

(i)

(j)

‘the extension piece’ means the untapered section, made of one or more panels, between the trawl body and the cod-
end;

‘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, whose transversal cross-sections are nearly a circle of the same or decreasing radius respectively;

‘balloon cod-end’ means any cod-end composed of one or more adjoining panels, of net of the same mesh size, whose
number of meshes increases going to the rearmost part of the gear causing an extension of the transversal length, with
respect to the longitudinal axis of the net, and of the circumference of the cod-end;

‘pocket type cod-end’ means any cod-end whose vertical height diminishes towards the rearmost part of the cod-end
and whose transversal cross-sections are nearly an ellipse of the same or decreasing major axis. The rearmost part of
the cod-end is either composed by a single folded panel or by transversally lacing together, with respect to the
longitudinal axis of the net, the rearmost upper and lower panels;

‘transversal lacing rope’ means any external or internal rope running transversally, 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;

‘circumference-perimeter’ of any cross section in a diamond mesh netting of a trawl net shall be calculated as the
number of meshes in that cross section multiplied by the stretched mesh size;

(k)

‘circumference-perimeter’ of any cross section in a square mesh netting of a trawl net shall be calculated as the number
of meshes in that cross section multiplied by the mesh side length.

(A) Authorised attachments to trawl nets

1.

2.

Notwithstanding Article 8 of Regulation (EEC) No 3440/84 either a transversal, with respect to the longitudinal
axis of the net, or lengthways zip-fastener mechanical device may be used to close the opening for emptying the
pocket-type cod-end.

The transversal zip-fastener shall be attached at a distance which is not more than 1 metre from the rear meshes
of the cod-end.

(B)

Rigging requirements

1.

2.

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.

The circumference of the rearmost part of the trawl body (the tapered section) or of the extension piece (the
untapered section) shall not be smaller than the circumference of the front end of the cod-end sensu stricto. In the
case of a square mesh cod-end, in particular, the circumference of the rearmost part of the trawl body or of the
extension piece shall be from two to four times the circumference of the front end of the cod-end sensu stricto.

L 36/20

EN

Official Journal of the European Union

8.2.2007

3.

4.

5.

6.

7.

8.

9.

Square mesh panels may be inserted into any towed net and shall be placed 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 29 of this Regulation.

Analogously, technical devices with a view of improving selectivity of trawl nets, other than that referred to in
point (b) 3, may be authorised in accordance with the procedure referred to in Article 29 of this Regulation.

The carrying on board or the use of any towed net the cod-end of which is constructed wholly or in part of any
type of netting material made of meshes other than square mesh or diamond mesh shall be prohibited unless
authorised in accordance with the procedure referred to in Article 29 of this Regulation.

Paragraphs 4 and 5 shall not apply to any boat seine the cod-end of which has a mesh size smaller than 10 mm.

By way of modification of Article 6(4) of Regulation (EEC) No 3440/84 the mesh size of 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 Regulation (EEC) No 3440/84 shall apply.

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

The length of the transversal lacing rope shall be not less than 20 % of the circumference of the cod-end.

10. The circumference of the strengthening bag, as defined in Article 6 of Regulation No 3440/84, shall not be less

than 1,3 times that of the cod-end for bottom trawl nets.

11. 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 3,0 millimetres shall be prohibited.

12. The carrying on board or the use of any towed net constructed wholly or in part in the cod-end of netting

materials consisting of multiple twines shall be prohibited.

13. Netting materials having a twine thickness greater than 6 mm shall be prohibited in any part of a bottom trawl

net.

8.2.2007

EN

Official Journal of the European Union

L 36/21

ANNEX II

Requirements relating to the characteristics of fishing gear

Definitions

For the purposes of this Annex:

(a)

(b)

the length of nets shall be defined by the length of the float line. The length of bottom-set and drifting nets may be
also defined on the basis of the weight or volume of its mass;

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 3 m, except in the case of dredges for sponge fishing.

2.

Surrounding 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.

Bottom-set nets

3.1. Trammel nets and bottom-set gillnets

1.

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

2.

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

3.

It shall be prohibited to have on board or set more than 6 000 m of trammel net, bottom-set gillnet per
vessel, taking into account that, as from January 2008, in the case of a single fisherman, such nets may not
exceed 4 000 metres, to which a further 1 000 metres may be added for a second fisherman and another
1 000 metres for a third one. Until 31 December 2007 such nets shall not exceed 5 000 metres in the
case of single or a second fisherman and 6 000 metres for a third one.

4.

Monofilament or twine diameter of the bottom-set gillnet shall not exceed 0,5mm.

5.

By way of derogation from paragraph 2, a bottom-set gillnet of maximum length shorter than 500 m may
have a maximum drop up to 30 m. It shall be prohibited to have on board or set more than 500 m of
bottom-set gillnet when it exceeds the drop limit of 10 m as established in paragraph 2.

3.2. Combined bottom-set nets (trammel nets plus gillnets)

1.

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

2.

It shall be prohibited to have on board or set more than 2 500 m of combined nets per vessel.

3.

Monofilament or twine diameter of the gillnet shall not exceed 0,5 mm.

4.

By way of derogation from paragraph 1, a combined bottom-set net of maximum length of 500 m may
have a maximum drop of 30 m. It shall be prohibited to have on board or set more than 500 m of
combined bottom-set when it exceeds the drop limit of 10 m as established in paragraph 1.

L 36/22

EN

Official Journal of the European Union

8.2.2007

4.

Bottom-set longline

1.

2.

It shall be prohibited to have on board or set more than 1 000 hooks per person on board within the overall
limit of 5 000 hooks per vessel.

By way of derogation from paragraph 1 each vessel undertaking fishing trips longer than three days may have
on board a maximum number of 7 000 hooks.

5.

Traps for deep-water crustacean fishery

It shall be prohibited to have on board or set more than 250 traps per vessel.

6.

Surface-set longline (floating)

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

1.

2.

3.

4.

2 000 hooks per vessel for vessels targeting bluefin tuna (Thunnus thynnus) where this species account for at least
70 % of the catch in live weight after sorting;

3 500 hooks for vessels targeting swordfish (Xyphias gladius) where this species account for at least 70 % of the
catch in live weight after sorting;

5 000 hooks per vessel for vessels targeting albacore (Thunnus alalunga) where this species account for at least
70 % of the catch in live weight after sorting;

By way of derogation from subparagraphs 1, 2 and 3 each vessel undertaking fishing trips longer than two days
may have on board an equivalent number of spare hooks.

7.

Trawl nets

Technical specifications limiting the maximum dimension of floatline, groundrope, circumference or perimeter of
trawl nets along with the maximum number of nets in multi-rig trawl nets shall be adopted, by October 2007, in
accordance with the procedure laid down in Article 30 of this Regulation.

8.2.2007

EN

Official Journal of the European Union

L 36/23

ANNEX III

Minimum sizes of marine organisms

Scientific name

Common name

Minimum size

1.

Fishes

Dicentrarchus labrax

Sea bass

Diplodus annularis

Annular sea bream

Diplodus puntazzo

Sharpsnout sea bream

Diplodus sargus

White sea bream

Diplodus vulgaris

Two-banded sea bream

Engraulis encrasicolus (*)

European anchovy

Epinephelus spp.

Groupers

Lithognathus mormyrus

Stripped sea bream

Merluccius merluccius (***)

Hake

Mullus spp.

Pagellus acarne

Red mullet

Spanish sea bream

Pagellus bogaraveo

Red sea bream

Pagellus erythrinus

Common pandora

Pagrus pagrus

Common sea bream

Polyprion americanus

Wreckfish

Sardina pilchardus (**)

European sardine

Scomber spp.

Solea vulgaris

Sparus aurata

Trachurus spp.

2.

Crustaceans

Mackerel

Common sole

Gilt-head sea bream

Horse mackerel, scad

25 cm

12 cm

18 cm

23 cm

18 cm

9 cm

45 cm

20 cm

20 cm

11 cm

17 cm

33 cm

15 cm

18 cm

45 cm

11 cm

18 cm

20 cm

20 cm

15 cm

Homarus gammarus

Lobster

Nephrops norvegicus

Norway lobster

Palinuridae

Crawfish

300 mm TL
105 mm CL

20 mm CL
70 mm TL

90 mm CL

Parapenaeus longirostris

Deep-water rose shrimp

20 mm CL

3.

Mollusc bivalves

Pecten jacobeus

Scallop

10 cm

L 36/24

EN

Official Journal of the European Union

8.2.2007

Scientific name

Common name

Minimum size

Venerupis spp.

Venus spp.

Carpet clams

Venus shells

25 mm

25 mm

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;
(***) Hake: Nevertheless, until 31 December 2008 a margin of tolerance of 15 % of weight will be permitted for hake between 15 and 20 cm.
This tolerance limit shall be complied with by both individual 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 transaction at national and international level.

8.2.2007

EN

Official Journal of the European Union

L 36/25

ANNEX IV

Measurement of the size of a marine organism

1.

2.

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.

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

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

the distal dorsal edge of the carapace, 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:

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

the distal dorsal edge of the carapace, or,

— 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, parallel to the
midline, from the tip of the rostrum to the midpoint of the distal dorsal edge of the carapace.

5.

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

Figure 1

Figure 2

Figure 3

(Nephrops)

Norway lobster

(Homarus)

Lobster

(a)

(b)

Carapace length

Total length

L 36/26

EN

Official Journal of the European Union

8.2.2007

Figure 4

Figure 5

8.2.2007

EN

Official Journal of the European Union

L 36/27

ANNEX V

25-mile management zone around Maltese Islands

(a)

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

Zone A

Zone H

A1 — 36,0172oN, 4,1442oE
A2 — 36,0289oN, 14,1792oE
A3 — 35,9822oN, 14,2742oE
A4 — 35,8489oN, 14,3242oE
A5 — 35,8106oN, 14,2542oE
A6 — 35,9706oN, 14,2459oE

H1 — 35,6739oN, 14,6742oE
H2 — 35,4656oN, 14,8459oE
H3 — 35,4272oN, 14,7609oE
H4 — 35,5106oN, 14,6325oE
H5 — 35,6406oN, 14,6025oE

Zone B

Zone I

B1 — 35,7906oN, 14,4409oE
B2 — 35,8039oN, 14,4909oE
B3 — 35,7939oN, 14,4959oE
B4 — 35,7522oN, 14,4242oE
B5 — 35,7606oN, 14,4159oE
B6 — 35,7706oN, 14,4325oE

I1 — 36,1489oN, 14,3909oE
I2 — 36,2523oN, 14,5092oE
I3 — 36,2373oN, 14,5259oE
I4 — 36,1372oN, 14,4225oE

Zone C

Zone J

C1 — 35,8406oN, 14,6192oE
C2 — 35,8556oN, 14,6692oE
C3 — 35,8322oN, 14,6542oE
C4 — 35,8022oN, 14,5775oE

J1 — 36,2189oN, 13,9108oE
J2 — 36,2689oN, 14,0708oE
J3 — 36,2472oN, 14,0708oE
J4 — 36,1972oN, 13,9225oE

Zone D

Zone K

D1 — 36,0422oN, 14,3459oE
D2 — 36,0289oN, 14,4625oE
D3 — 35,9989oN, 14,4559oE
D4 — 36,0289oN, 14,3409oE

K1 — 35,9739oN, 14,0242oE
K2 — 36,0022oN, 14,0408oE
K3 — 36,0656oN, 13,9692oE
K4 — 36,1356oN, 13,8575oE
K5 — 36,0456oN, 13,9242oE

Zone E

Zone L

E1 — 35,9789oN, 14,7159oE
E2 — 36,0072oN, 14,8159oE
E3 — 35,9389oN, 14,7575oE
E4 — 35,8939oN, 14,6075oE
E5 — 35,9056oN, 14,5992oE

L1 — 35,9856oN, 14,1075oE
L2 — 35,9956oN, 14,1158oE
L3 — 35,9572oN, 14,0325oE
L4 — 35,9622oN, 13,9408oE

Zone F

Zone M

F1 — 36,1423oN, 14,6725oE
F2 — 36,1439oN, 14,7892oE
F3 — 36,0139oN, 14,7892oE
F4 — 36,0039oN, 14,6142oE

M1 — 36,4856oN, 14,3292oE
M2 — 36,4639oN, 14,4342oE
M3 — 36,3606oN, 14,4875oE
M4 — 36,3423oN, 14,4242oE
M5 — 36,4156oN, 14,4208oE

Zone G

Zone N

G1 — 36,0706oN, 14,9375oE
G2 — 35,9372oN, 15,0000oE
G3 — 35,7956oN, 14,9825oE
G4 — 35,7156oN, 14,8792oE
G5 — 35,8489oN, 14,6825oE

N1 — 36,1155oN, 14,1217oE
N2 — 36,1079oN, 14,0779oE
N3 — 36,0717oN, 14,0264oE
N4 — 36,0458oN, 14,0376oE
N5 — 36,0516oN, 14,0896oE
N6 — 36,0989oN, 14,1355oE

L 36/28

EN

Official Journal of the European Union

8.2.2007

(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

36,3673oN

36,3159oN

36,2735oN

36,2357oN

36,1699oN

36,1307oN

36,1117oN

36,1003oN

36,0859oN

36,0547oN

35,9921oN

35,9744oN

35,9608oN

35,9296oN

35,8983oN

35,867oN

35,8358oN

35,8191oN

35,7863oN

35,7542oN

35,7355oN

35,7225oN

35,6951oN

35,6325oN

35,57oN

35,5348oN

35,5037oN

35,5128oN

35,57oN

35,5975oN

35,5903oN

35,6034oN

35,6532oN

35,6726oN

35,6668oN

35,6618oN

14,5540oE

14,5567oE

14,5379oE

14,4785oE

14,4316oE

14,3534oE

14,2127oE

14,1658oE

14,152oE

14,143oE

14,1584oE

14,1815oE

14,2235oE

14,2164oE

14,2328oE

14,4929oE

14,2845oE

14,2753oE

14,3534oE

14,4316oE

14,4473oE

14,5098oE

14,5365oE

14,536oE

14,5221oE

14,588oE

14,6192oE

14,6349oE

14,6717oE

14,647oE

14,6036oE

14,574oE

14,5535oE

14,5723oE

14,5937oE

14,6424oE

8.2.2007

EN

Official Journal of the European Union

L 36/29

ID

Latitude

Longitude

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

35,653oN

35,57oN

35,5294oN

35,5071oN

35,4878oN

35,4929oN

35,4762oN

36,2077oN

36,1954oN

36,1773oN

36,1848oN

36,1954oN

35,4592oN

35,4762oN

35,4755oN

35,4605oN

35,4453oN

14,6661oE

14,6853oE

14,713oE

14,7443oE

14,7834oE

14,8247oE

14,8246oE

13,947oE

13,96oE

13,947oE

13,9313oE

13,925oE

14,1815oE

14,1895oE

14,2127oE

14,2199oE

14,1971oE

L 36/30

EN

Official Journal of the European Union

8.2.2007

ANNEX VI

Correlation table

Regulation (EC) No 1626/94

Present Regulation

Article 1(1)
Article 1(2) first subparagraph
Article 1(2) second subparagraph
Article 2(1) and (2)
Article 2(3)
Article 3(1) first subparagraph
Article 3(1) second subparagraph
Article 3(1) third (1a) subparagraph
Article 3(2)
Article 3(3)
Article 3(4)
Article 4
Article 5
Article 6(1) first subparagraph and Article 6(2)
Article 6(1) second subparagraph
Article 6(3)
Article 7
Article 8(1) and (3)
Article 8a
Article 8b
Article 9
Article 10a
Article 11
Annex I
Annex II
Annex III
Annex IV
Annex V(b)

Article 1(1)
Article 7, Article 17 and Article 19
Article 3
Article 8
Article 13(5), Article 17 and Article 19
Article 13(1) first subparagraph and (5)
Article 13(5), Article 14(2) and (3), Article 19
Article 4, Article 13(9), Article 13(10), Article 19
Article 13(1) second subparagraph and (8) and Article 19
Article 4, Article 13(10) and Article 19
Article 13(3) and (7) and Article 19
Article 7
Article 12 and Annex II
Article 9(1) and (2)
Article 9(7), Article 14(1) and (3)
Annex II Definitions
Article 22
Article 15, Annex III and Annex IV
Article 26
Article 27
Article 1(2)
Article 29
Article 32
Article 3 and Article 4
Article 11, Annex I and Annex II
Article 9(3), (4) and (5)
Annex III
Annex V