CELEX: 32006R1967
Language: en
Date: 2006-12-21 00:00:00
Title: 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

30.12.2006      EN                     Official Journal of the European Union                     L 409/11
                             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 Community, and in particular Article 37
    thereof,
    Having regard to the proposal from the Commission,
    Having regard to the Opinion of the European Parliament,
 ---pagebreak--- L 409/12          EN                  Official Journal of the European Union                      30.12.2006
   Whereas:
   (1)   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
                1
         Policy apply to the Mediterranean Sea.
                                 2
   (2)   By Decision 98/392/EC 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 that
         Convention, the Community endeavours to coordinate the management and conservation of
         living aquatic resources with other coastal States.
                                          3
   (3)   Pursuant to Decision 98/416/EC the Community is a Contracting Party to the Agreement on
         the General Fisheries Commission of the Mediterranean, (hereinafter the "GFCM"). The
         GFCM agreement provides a framework for regional cooperation on the conservation and
         management of Mediterranean marine resources by adopting recommendations in the area
         covered by the GFCM Agreement which become binding on the Contracting Parties.
   (4)   The biological, social and 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.
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                      L 409/13
    (5)   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.
    (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 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.
    (7)   However, so that scientific research is not impeded, this Regulation should not apply to any
          operations required for the purposes of such research.
    (8)   It is necessary to establish an effective management framework, through an appropriate
          sharing of responsibilities between the Community and the Member States.
    (9)   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
                           1
          fauna and flora and applicable to marine waters under Member States' sovereignty should be
          extended to the Mediterranean High Sea.
    1
          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).
 ---pagebreak--- L 409/14         EN                    Official Journal of the European Union                      30.12.2006
                                                          1
   (10) Pursuant to Council Decision 1999/800/EC on concluding the Protocol concerning specially
         protected areas and biological diversity in the Mediterranean, and on accepting the annexes to
         that Protocol ( Barcelona Convention) which, in addition to the provisions relating to the
         conservation of sites of Mediterranean importance, provides for drawing up lists of
         endangered or threatened species and species whose exploitation is regulated.
   (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
                                                                              2
         for the conservation of fishery resources in the Mediterranean to take account of new
         scientific advice. Account should also be taken of the main elements of the Action Plan on the
         conservation and sustainable exploitation of fishery resources in the Mediterranean Sea under
         the Common Fisheries 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.
   1
         OJ L 322, 14.12.1999, p. 1.
   2
         OJ L 171, 6.7.1994, p. 1. Regulation as last amended by Regulation (EC) No 813/2004
         (OJ L 185, 24.5.2004, p. 1).
 ---pagebreak--- 30.12.2006         EN                     Official Journal of the European Union                         L 409/15
    (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 of dead marine organisms by fishing vessels, it is appropriate to
          provide for increases in mesh sizes and hook sizes for trawl nets, bottom-set nets and
          longlines. used for fishing for certain species of marine organisms and for the mandatory use
          of square-meshed netting.
    (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 fishing gears used by small-scale
          fishermen, in order to protect nursery areas and sensitive habitats and enhance the social
          sustainability of Mediterranean fisheries.
 ---pagebreak--- L 409/16         EN                    Official Journal of the European Union                        30.12.2006
   (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 transplantation of fish stocks and other marine
         organisms, operations necessary for the conduct of such activities should be permitted,
         provided they are compatible with the sustainability of the species concerned.
   (21) Since leisure fisheries are very important in the Mediterranean, it is necessary to ensure that
         they are carried out in a manner that does not significantly interfere with commercial fishing,
         is compatible with sustainable exploitation of living aquatic resources and complies with
         Community obligations in respect of Regional Fishery Organisations.
   (22) In view of the specific characteristics of many Mediterranean fisheries, which are restricted to
         certain geographical sub-zones, and taking into account the tradition of applying effort
         management system at sub-regional level, it is appropriate to provide for the establishment of
         Community and national management plans, combining in particular effort management with
         specific technical measures.
 ---pagebreak--- 30.12.2006        EN                   Official Journal of the European Union                          L 409/17
    (23) 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 system applicable to the common
                          1
          fisheries policy should be taken. In particular, there is a need to lower the current threshold
          of 50 kg of live-weight equivalent, for species other than highly migratory and small pelagic
          species caught in the Mediterranean Sea that must be recorded in the logbook.
    (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 these measures are effective, the technical measures for the conservation of certain stocks
          of highly migratory species should emanate from the competent regional fisheries
          organisations. Accordingly, the Commission 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.
    1
          OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005
          (OJ L 128, 21.5.2005, p. 1).
 ---pagebreak--- L 409/18         EN                   Official Journal of the European Union                        30.12.2006
   (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.
   (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
                                                                                  1
         for the exercise of implementing powers conferred on the Commission .
   (27) Amendments to the Annexes to this Regulation should also be adopted in accordance with
         Decision 1999/468/EC,
   HAS ADOPTED THIS REGULATION:
   1
         OJ L 184, 17.7.1999, p. 23. Decision amended by Decision 2006/512/EC (OJ L 200,
         22.7.2006, p. 11).
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                       L 409/19
                                                     CHAPTER I
                                         SCOPE AND DEFINITIONS
                                                        Article 1
                                                          Scope
    1.    This Regulation shall apply:
    (a)   to the conservation, management and exploitation of living aquatic resources where such
          activities are pursued
          (i)    in the maritime waters of the Mediterranean Sea to the east of the line 5°36' W
                 (hereinafter "Mediterranean Sea") falling under the sovereignty or jurisdiction of
                 Member States;
          (ii)   by Community fishing vessels in the Mediterranean Sea outside the waters
                 referred to in (i);
          (iii) by nationals of Member States, without prejudice to the primary responsibility of
                 the flag State, in the Mediterranean Sea, outside the waters referred to in (i); and
    (b)   to marketing of fishery products caught in the Mediterranean Sea.
 ---pagebreak--- L 409/20          EN                    Official Journal of the European Union                      30.12.2006
   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;
                (i)   "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);
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                       L 409/21
                (ii)   "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;
          (b)   "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 (mechanised 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
          exploitation and conservation of living aquatic resources or the protection of marine
          ecosystems;
 ---pagebreak--- L 409/22         EN                    Official Journal of the European Union                        30.12.2006
   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;
         (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 constitutes the lower part;
 ---pagebreak--- 30.12.2006        EN                    Official Journal of the European Union                         L 409/23
    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;
    5)    "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;
 ---pagebreak--- L 409/24         EN                    Official Journal of the European Union                         30.12.2006
   6)    "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);
   7)    "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;
   8)    "leisure fisheries" means fishing activities exploiting living aquatic resources for recreation or
         sport;
 ---pagebreak--- 30.12.2006        EN                   Official Journal of the European Union                         L 409/25
    9)    "fishing aggregating devices (FADs)"means any equipment floating on the sea surface and
          aggregating underneath either juveniles or adult specimens of highly migratory species;
    10)   "St Andrew's cross" is a grab which employs scissor-like action to harvest either the bivalve
          mollusc Pinna nobilis or the red coral from the sea-bed;
    11)   "seagrass bed" means an area where the seabed is characterized 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;
    12)   "coralligenous habitat" means an area where the seabed is characterized 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 as Porifera, Ascidians,
          Cnidarians (horny corals, seafans, etc.), Bryozoans, Serpulids, Annelids, together with other
          limestone-fixers organisms;
 ---pagebreak--- L 409/26         EN                    Official Journal of the European Union                       30.12.2006
   13)   "mäerl bed" means an area where the seabed is characterized by the dominant presence of a
         specific biological community named "mäerl", or where such 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 nodule corallines algae on the seabed, forming
         accumulations within the ripples of mudflats or sandflats seabed. Maerl beds are usually
         composed of one or a variable combination of red algae, in particular, Lithothamnion
         coralloides and Phymatolithon calcareum;
   14)   "direct restocking" means the activity of releasing live wild animals of selected species in
         waters where they occur naturally, in order to use the natural production of the aquatic
         environment to increase the number of individuals available for fisheries and/or to increase
         the natural recruitment;
   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.
 ---pagebreak--- 30.12.2006         EN                     Official Journal of the European Union                        L 409/27
                                                      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.
    2.     Notwithstanding paragraph 1, the retention on board, 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.
 ---pagebreak--- L 409/28         EN                    Official Journal of the European Union                       30.12.2006
                                                     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 Article 18 or Article 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.
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    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 the paragraph 1, subparagraph 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 management plan provided for under
          Article 19 of this Regulation.
    (ii)  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.
    (iii) The fishing activities concerned affect not more than 10 % of seagrass beds in the territorial
          waters of the Member State concerned.
 ---pagebreak--- L 409/30          EN                    Official Journal of the European Union                       30.12.2006
   Fishing activities authorised pursuant to this paragraph shall:
   (a)   fulfil the requirements of Article 8(1)(h), of Article 9(3)(2) and of Article 23;
   (b)   be regulated in order to ensure that catches of species mentioned in Annex III are minimal.
   However, Article 9(3), subparagraph 1 shall not apply.
   Whenever a fishing vessel, operating under the provisions of this paragraph, is either 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 scientific information
   with a view to the identification and mapping of habitats to be protected under this Article.
 ---pagebreak--- 30.12.2006        EN                    Official Journal of the European Union                         L 409/31
                                                   CHAPTER III
                                      FISHING PROTECTED AREAS
                                                       Article 5
                          Information procedure establishing fishing protected areas
    Member States shall provide to the Commission, for the first time before 31 December 2007,
    information relevant 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 States, concerning the types of fishing activities banned or authorised in such areas.
 ---pagebreak--- L 409/32          EN                    Official Journal of the European Union                       30.12.2006
   2.    The Council may subsequently designate other fishing 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.
                                                      Article 7
                                        National fishing protected areas
   1.    Member States shall designate, within two years from the adoption of this Regulation and on
   the basis of information provided under 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 Regulation, 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 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.
 ---pagebreak--- 30.12.2006         EN                    Official Journal of the European Union                       L 409/33
    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.
    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 requirement of special measures.
    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.
    5.     If the Commission considers that the fisheries management 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.
 ---pagebreak--- L 409/34         EN                     Official Journal of the European Union                      30.12.2006
                                                   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,
   (b)   electric shock generators,
   (c)   explosives,
   (d)   substances that can explode if mixed,
   (e)   towed devices for harvesting red coral or other type of corals or coral-like organisms,
   (f)   pneumatic hammers or other percussive instruments for the collection, in particular, of
         bivalve molluscs digging within the rocks,
   (g)   St Andrew's cross and similar grabs for harvesting, in 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.
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                      L 409/35
    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; Carcharhinidae; Sphyrnidae;
    Isuridae and Lamnidae).
    By way of derogation, accidental by-catches of no more than 3 specimens of the sharks 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.
    3.    The catching, keeping on board, transhipping, landing, storing, selling and displaying or
    offering for sale of date shell (Lithophaga litophaga) and common piddock (Pholas dactylus) shall
    be prohibited.
    4.    Spear-guns shall be prohibited if used in conjunction with underwater breathing apparatus
    (aqualung) or at night from sunset to dawn.
    5.    The catching, keeping on board, transhipping, landing, storing, selling and displaying or
    offering for sale of berried females crawfish (Palinuridae spp.) and berried female lobster
    (Homarus gammarus) shall be prohibited. Berried females of crawfish and berried female lobster
    shall be returned at sea immediately after accidental catching or may be used for direct restocking
    and transplantation within management plans established either under Article 18 or Article 19 of
    this Regulation.
 ---pagebreak--- L 409/36         EN                    Official Journal of the European Union                      30.12.2006
                                                     Article 9
                                             Minimum mesh sizes
   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
                                   1
   Regulation (EC) No 129/2003 .
   3.    For towed nets, other than those referred to in paragraph 4, the minimum mesh size shall be:
   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 implementation 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.
   1
         OJ L 22, 25.1.2003, p. 5.
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                       L 409/37
    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.
    5.    For surrounding nets the minimum mesh size shall be 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 concerned 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 concerned by provisions under Article 4 paragraph 5.
    8.    Member States shall provide up to date scientific and technical justifications for such a
    derogation.
                                                       Article 10
                                                Minimum hook size
    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.
 ---pagebreak--- L 409/38          EN                    Official Journal of the European Union                      30.12.2006
                                                      Article 11
                                   Attachments to and rigging of trawl nets
   1.     The mesh in any part of the net shall not be obstructed or otherwise effectively diminished
                                                                                  1
   except by devices permitted by Commission Regulation (EEC) No 3440/84 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 gear not in compliance with the
   dimensions specified in 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.
   1
          OJ L 318, 7.12.1984, p. 23. Regulation as last amended by Regulation (EEC) No 2122/89
          (OJ L 201, 15.7.1989, p. 21).
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                         L 409/39
    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 of this Regulation.
    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.
 ---pagebreak--- L 409/40          EN                   Official Journal of the European Union                       30.12.2006
   5.     At the request of a Member State, the Commission in 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 Article 18 or
   Article 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 of this Regulation.
   8.     By way of derogation from paragraph 2 both boat dredges and hydraulic dredges may be
   temporarily used until 31 December 2007 at a shorter distance from the coast than 0,3 nautical
   miles.
 ---pagebreak--- 30.12.2006          EN                    Official Journal of the European Union                         L 409/41
    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 5 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 shall report the comparison with the characteristics of this fleet
    on 1 January 2000.
    In addition these fishing activities shall:
    (a)    fulfil the requirements of Article 4, Article 8(1)(h), Article 9(3)(2) and Article 23,
    (b)    not interfere with the activities of vessels using gears other than trawls, seines or similar
           towed nets,
    (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.
    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.
 ---pagebreak--- L 409/42          EN                    Official Journal of the European Union                        30.12.2006
   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 paragraph 9 subparagraph 3(a), (b),
   –     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 the 30 September 2007 the modalities of applying
   this derogation. This notification shall include a list of authorised fishing vessels and zones, as
   identified by geographic coordinates both on land and at sea.
 ---pagebreak--- 30.12.2006        EN                    Official Journal of the European Union                        L 409/43
    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 new scientific advice, considers that the conditions for a 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.
                                                      Article 14
                              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 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).
 ---pagebreak--- L 409/44         EN                     Official Journal of the European Union                       30.12.2006
   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.
 ---pagebreak--- 30.12.2006       EN                       Official Journal of the European Union                         L 409/45
    2.    The size of marine organisms shall be measured in accordance with Annex IV. If more than
    one method of measuring size is permitted, the marine organisms shall be deemed to be of the
    required size if at least one of the stipulated measurements is equal to or greater than the relevant
    minimum size.
    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.
                                                        Article 16
                                       Direct restocking and transplantation
    1.    By way of derogation from Article 15 undersized marine organisms may be caught, retained
    on board, transhipped, 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.
 ---pagebreak--- L 409/46          EN                    Official Journal of the European Union                      30.12.2006
   2.    Member States shall ensure that the capture of undersized marine organisms for the purposes
   referred to in paragraph 1 is carried out in a manner that is compatible with any Community
   management measure applicable to the species concerned.
   3.    Marine organisms caught for the purposes specified in paragraph 1 shall be either returned to
   the sea or be used for extensive aquaculture. If subsequently recaptured, they may be sold, stored,
   displayed or offered for sale providing that they meet the requirements specified in Article 15.
   4.    The introduction and transplantation of and direct restocking 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, trammel nets and combined bottom-set nets shall be prohibited for leisure fisheries. The
   use of longlines for highly migratory species shall also be prohibited for leisure fisheries.
 ---pagebreak--- 30.12.2006       EN                      Official Journal of the European Union                        L 409/47
    2.    Member States shall ensure that leisure fisheries are conducted in a manner compatible with
    the objectives and rules of this Regulation.
    3.    Member States shall ensure that catches of marine organisms resulting from leisure fisheries
    are not marketed. 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 in Annex I
                                   1
    to Regulation (EC) 973/2001 and occurring in the Mediterranean.
    5.    Member States shall regulate underwater fishing with spearguns in particular to fulfil the
    obligations set out in Article 8(4).
    6.    Member States shall inform the Commission of all measures adopted pursuant to this Article.
    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).
 ---pagebreak--- L 409/48          EN                    Official Journal of the European Union                     30.12.2006
                                                   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:
   (a)   fishing effort management measures;
   (b)   specific technical measures, including where appropriate temporary derogations to the rules of
         this Regulation when such derogations are necessary for the operation of the fisheries and
         provided that the sustainable exploitation of the concerned resources is ensured by the
         management plan;
   (c)   the extension of compulsory use of vessel monitoring systems or similar systems for vessels
         between 10 m and 15 m in length overall;
   (d)   temporary or permanent restrictions to zones, reserved to certain gears or to vessels having
         undertaken obligations in the framework of the management plan.
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                        L 409/49
    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.
    2.    Member States and/or a Regional Advisory Council for the Mediterranean Sea may submit
    suggestions to the Commission on matters relating to the setting up of management plans. The
    Commission shall reply to such requests within three months of the receipt.
    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.
 ---pagebreak--- L 409/50         EN                     Official Journal of the European Union                     30.12.2006
   2.    Member States may subsequently designate other management plans on the basis of new
   relevant scientific information.
   3.    Member States, shall ensure adequate scientific monitoring of the management plans. In
   particular, 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.
   4.    Management plans may include measures which go beyond the provisions of this Regulation
   for the purpose of:
   (a)   increasing the selectivity of fishing gear;
   (b)   reducing discards;
   (c)   limiting the fishing effort.
   5.    The measures to be included in the management plans shall be proportionate to the objectives,
   the targets and the expected time frame, and shall have regard to:
   (a)   the conservation status of the stock or stocks;
   (b)   the biological characteristics of the stock or stocks;
   (c)   the characteristics of the fisheries in which the stocks are caught;
   (d)   the economic impact of the measures on the fisheries concerned.
 ---pagebreak--- 30.12.2006         EN                    Official Journal of the European Union                        L 409/51
    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 1shall 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 6 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 under 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.
 ---pagebreak--- L 409/52          EN                    Official Journal of the European Union                      30.12.2006
                                                  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.
   2.    In the case of fishing vessels from which quantities of living aquatic organisms have been
   transhipped, the quantities transhipped shall be taken into account when calculating the percentages
   referred to in paragraph 1.
                                                      Article 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
   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.
 ---pagebreak--- 30.12.2006        EN                       Official Journal of the European Union                        L 409/53
    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.
                                                         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 than 15 kg of live-weight
    equivalent retained on board of any species indicated on a list adopted in conformity with
    paragraph 8 must be recorded in the logbook.
    However, for highly migratory species and small pelagic species any amount greater than 50 kg of
    live-weight equivalent must be recorded in the logbook.".
                                                         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.
 ---pagebreak--- L 409/54          EN                    Official Journal of the European Union                  30.12.2006
   2.     The list indicated in paragraph 1 shall include the following information:
   (a)    vessel's Community fleet register number (CFR), and external marking as defined in Annex I
                                           1
          to Regulation (EC) No 26/2004 ;
   (b)    period authorised for fishing and/or transhipment;
   (c)    fishing gears used.
   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
          OJ L 5, 9.1.2004, p. 25.
 ---pagebreak--- 30.12.2006         EN                      Official Journal of the European Union                            L 409/55
    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 and
    shellfish within the GFCM area.
    6.     Member States shall take the necessary measures to ensure that:
    (a)    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, on the terms of the permit, to carry out
           fishing activities in the GFCM area;
    (b)    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;
    (c)    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;
 ---pagebreak--- L 409/56         EN                     Official Journal of the European Union                         30.12.2006
   (d)   to the extent possible, their national legislation requires 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 conservation and management measures.
   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.
   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.
                                                   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.
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                          L 409/57
                                                     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 management zone")
    shall be regulated as follows:
    (a)   fishing within the management zone shall be limited to fishing vessels smaller than 12 metres
          overall length using other than towed gears;
    (b)   the total fishing effort of those vessels, expressed in terms of the overall fishing capacity, shall
          not exceed the average level observed in 2000-2001 that corresponds to 1 950 vessels with an
          overall engine power and tonnage of 83 000 kW and 4 035 GT respectively.
    2.    By way of derogation from point (a) of paragraph 1, trawlers not exceeding an overall length
    of 24 metres shall be authorised to fish in certain areas within the management zone, as described in
    Annex V, part (a), to this Regulation, subject to the following conditions:
    (a)   the overall fishing capacity of the trawlers allowed to operate in the management zone must
          not exceed the ceiling of 4 800 kW;
 ---pagebreak--- L 409/58          EN                     Official Journal of the European Union                       30.12.2006
   (b)   the fishing capacity of any trawler authorised to operate at a depth of less than 200 metres
         must not exceed 185 kW; the isobath of 200 metres of depth shall be identified by a broken
         line, the waypoints of which are listed in Annex V, part (b), to this Regulation;
   (c)   trawlers fishing in the management zone shall hold a special fishing permit in accordance
         with Article 7 of Regulation (EC) No 1627/94 laying down general provisions concerning
         special fishing permits 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 annually by the Member States concerned;
   (d)   the capacity limits laid down in points (a) and (b) shall be periodically re-evaluated, following
         advice from relevant scientific bodies concerning their effects on the conservation of stocks.
   3.    If the overall fishing capacity referred to in point (a) of paragraph 2, exceeds the overall
   fishing capacity of trawlers with an overall length equal to, or less than, 24 metres and operating in
   the management zone in the reference period 2000-2001 (hereinafter referred to as the "reference
   fishing capacity"), the Commission shall, in accordance with the procedure laid down in Article 29
   allocate this surplus of available fishing capacity between the Member States taking into account
   the interest of the Member States requesting an authorisation.
   The reference fishing capacity corresponds to 3 600 kW.
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                        L 409/59
    4.    Special fishing permits for the surplus of available fishing capacity referred to in paragraph 3
    shall be issued only to vessels included in the Community fleet register at the date of application of
    this Article.
    5.    If the overall fishing capacity of the trawlers authorised to operate in the management zone in
    accordance with point (c) of paragraph 2 exceeds the ceiling laid down in point (a) of paragraph 2,
    because that ceiling has been lowered after the revision provided for in point (d) of paragraph 2, the
    Commission shall allocate fishing capacity between Member States on the following basis:
    (a)   fishing capacity in kW corresponding to vessels having fished in the zone during the
          period 2000-2001 shall rank first;
    (b)   fishing capacity in kW corresponding to vessels having fished at any other time in the zone
          shall rank second;
    (c)   any remaining fishing capacity for other vessels shall be divided between the Member States
          taking into account the interests of the Member States requesting an authorisation.
 ---pagebreak--- L 409/60           EN                     Official Journal of the European Union                     30.12.2006
   6.     By way of derogation from point (a) of paragraph 1, vessels fishing with purse seines or
   longlines and vessels fishing for dolphinfish in accordance with Article 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
   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.
   2.     The number of vessels participating in the dolphinfish fishery within the zone shall not
   exceed 130.
 ---pagebreak--- 30.12.2006         EN                     Official Journal of the European Union                       L 409/61
    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.
 ---pagebreak--- L 409/62         EN                    Official Journal of the European Union                     30.12.2006
                                                  CHAPTER XI
                                            FINAL PROVISIONS
                                                     Article 28
                                        Decision-making procedure
   Except where otherwise provided for in this Regulation, the Council shall act in accordance with the
   procedure referred to in Article 37 of the Treaty.
                                                     Article 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.
 ---pagebreak--- 30.12.2006       EN                     Official Journal of the European Union                           L 409/63
                                                      Article 31
                                                        Repeal
    The 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
    This Regulation shall enter into force on the thirtieth day following that of 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
 ---pagebreak--- L 409/64         EN                    Official Journal of the European Union                         30.12.2006
                                                                                                 ANNEX I
                      Technical conditions for attachments to and rigging of trawl nets
   Definitions
   For the purposes of this Annex:
   (a)   "multiple twine netting" means netting constructed of two or more twines, where the twines
         can be separated between the knots without damage to the twine structure;
   (b)   "knotless netting" means netting which is composed of meshes of four sides of approximately
         equal length in which the corners of the meshes are formed by the interweaving of the twines
         of two adjacent sides of the mesh;
   (c)   "square-meshed netting" means a construction of netting mounted so that of the two sets of
         parallel lines formed by the mesh bars, one set is parallel to and the other at right angles to the
         long axis of the net;
   (d)   "the trawl body" means the tapered section in the front part of a trawl net;
   (e)   "the extension piece" means the untapered section, made of one or more panels, between the
         trawl body and the cod-end;
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                         L 409/65
    (f)   "the cod-end" means the rearmost part of a trawl net, of net of the same mesh size, having
          either a cylindrical or a tapering shape, whose transversal cross-sections are nearly a circle of
          the same or decreasing radius respectively;
    (g)   "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;
    (h)   "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;
    (i)   "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;
 ---pagebreak--- L 409/66         EN                    Official Journal of the European Union                      30.12.2006
   (j)   "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.    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.
         2.    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.
 ---pagebreak--- 30.12.2006      EN                     Official Journal of the European Union                          L 409/67
    (b)   Rigging requirements
          1.   A balloon cod-end shall be prohibited in trawl nets. Within any single cod-end the
               number of equal sized meshes around any circumference of the cod-end shall not
               increase from the front end to the rear end.
          2.   The circumference of the rearmost part of the trawl body (the tapered section) or of the
               extension piece (the untapered section) shall 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 2 to 4 times the circumference of the front end of the cod-end
               sensu stricto.
          3.   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.
 ---pagebreak--- L 409/68      EN                     Official Journal of the European Union                    30.12.2006
         4. Analogously, technical devices with a view of improving selectivity of trawl nets, other
            than that referred to in point b.3 above, may be authorised in accordance with the
            procedure referred to in Article 29 of this Regulation.
         5. 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.
         6. Paragraph 4-5 shall not apply to any boat seine the cod-end of which has a mesh size
            smaller than 10 mm.
         7. 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.
         8. The pocket type cod-end shall not have more than one opening to empty.
         9. The length of the transversal lacing rope shall be not less than 20 % of the
            circumference of the cod-end.
 ---pagebreak--- 30.12.2006      EN                   Official Journal of the European Union                        L 409/69
          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.
 ---pagebreak--- L 409/70         EN                     Official Journal of the European Union                       30.12.2006
                                                                                                ANNEX II
                        Requirements relating to the characteristics of fishing gear
   Definitions
   For the purposes of this Annex:
   1)    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.
   2)    the drop of nets shall be defined as the sum of the height of the meshes (including knots)
         when wet and stretched perpendicular to the float line.
   1.    Dredges
         The maximum breadth of dredges shall be 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.
 ---pagebreak--- 30.12.2006      EN                     Official Journal of the European Union                        L 409/71
    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, 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.
 ---pagebreak--- L 409/72          EN                     Official Journal of the European Union                    30.12.2006
         3.2. Combined bottom-set nets (trammel nets+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, 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.
   4.    Bottom-set longline
         1.     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.
         2.     By way of derogation from paragraph 1 each vessel undertaking fishing trips longer
                than 3 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.
 ---pagebreak--- 30.12.2006         EN                    Official Journal of the European Union                      L 409/73
    6.    Surface-set longline (floating)
          It shall be prohibited to have on board or set more than:
          1.     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;
          2.     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;
          3.     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;
          4.     By way of derogation from subparagraphs 1, 2 and 3 each vessel undertaking fishing
                 trips longer than 2 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.
 ---pagebreak--- L 409/74  EN                  Official Journal of the European Union                  30.12.2006
                                                                                  ANNEX III
                            Minimum Sizes of marine organisms
         SCIENTIFIC NAME                 COMMON NAME                 Minimum size
         1. Fishes
         Dicentrarchus labrax            Sea-bass                    25 cm
         Diplodus annularis              Annular sea-bream           12 cm
         Diplodus puntazzo               Sharpsnout sea-bream        18 cm
         Diplodus sargus                 White sea-bream             23 cm
         Diplodus vulgaris               Two-banded sea-bream        18 cm
         Engraulis encrasicolus *        European anchovy            9 cm
         Epinephelus spp.                Groupers                    45 cm
         Lithognathus mormyrus           Stripped sea-bream          20 cm
         Merluccius merluccius ***       Hake                         20 cm
         Mullus spp.                     Red mullets                 11 cm
         Pagellus acarne                 Spanish sea-bream           17 cm
         Pagellus bogaraveo              Red sea-bream               33 cm
         Pagellus erythrinus             Common pandora              15 cm
         Pagrus pagrus                   Common sea-bream            18 cm
         Polyprion americanus            Wreckfish                   45 cm
         Sardina pilchardus**            European sardine            11 cm
         Scomber spp.                    Mackerel                    18 cm
         Solea vulgaris                  Common sole                 20 cm
         Sparus aurata                   Gilt-head sea-bream         20 cm
         Trachurus spp.                  Horse mackerel, Scad        15 cm
 ---pagebreak--- 30.12.2006        EN                      Official Journal of the European Union                       L 409/75
                 SCIENTIFIC NAME                     COMMON NAME                 Minimum size
                 2. Crustaceans
                 Homarus gammarus                    Lobster                     300 mm TL
                                                                                 105 mm CL
                 Nephrops norvegicus                 Norway lobster              20 mm CL
                                                                                 70 mm TL
                 Palinuridae                         Crawfish                    90 mm CL
                 Parapenaeus longirostris            Deep water rose shrimp      20 mm CL
                 3. Mollusc bivalves
                 Pecten jacobeus                     Scallop                     10 cm
                 Venerupis spp.                      Carpet-clams                25 mm
                 Venus spp.                          Venus-shells                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.
 ---pagebreak--- L 409/76         EN                     Official Journal of the European Union                         30.12.2006
                                                                                                ANNEX IV
                                Measurement of the size of a marine organism
   1.    The size of any fish shall be measured, as shown in Figure 1, from the tip of the snout to the
         end of the tail fin.
   2.    The size of a Norway lobster (Nephrops norvegicus) shall be measured as shown in Figure 2:
         –     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.
 ---pagebreak--- 30.12.2006        EN                    Official Journal of the European Union                          L 409/77
    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
 ---pagebreak--- L 409/78        EN     Official Journal of the European Union   30.12.2006
   Figure 3                                    Figure 2
   (a) Carapace length                         (b) Total length
 ---pagebreak--- 30.12.2006   EN Official Journal of the European Union L 409/79
    Figure 4
 ---pagebreak--- L 409/80    EN Official Journal of the European Union 30.12.2006
   Figure 5
 ---pagebreak--- 30.12.2006        EN                   Official Journal of the European Union                      L 409/81
                                                                                            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 – 36.0172°N, 14.1442°E                            H1 – 35.6739°N, 14.6742°E
    A2 – 36.0289°N, 14.1792°E                            H2 – 35.4656°N, 14.8459°E
    A3 – 35.9822°N, 14.2742°E                            H3 – 35.4272°N, 14.7609°E
    A4 – 35.8489°N, 14.3242°E                            H4 – 35.5106°N, 14.6325°E
    A5 – 35.8106°N, 14.2542°E                            H5 – 35.6406°N, 14.6025°E
    A6 – 35.9706°N, 14.2459°E
    Zone B                                               Zone I
    B1 – 35.7906°N, 14.4409°E                            I1 – 36.1489°N, 14.3909°E
    B2 – 35.8039°N, 14.4909°E                            I2 – 36.2523°N, 14.5092°E
    B3 – 35.7939°N, 14.4959°E                            I3 – 36.2373°N, 14.5259°E
    B4 – 35.7522°N, 14.4242°E                            I4 – 36.1372°N, 14.4225°E
    B5 – 35.7606°N, 14.4159°E
    B6 – 35.7706°N, 14.4325°E
    Zone C                                               Zone J
    C1 – 35.8406°N, 14.6192°E                            J1 – 36.2189°N, 13.9108°E
    C2 – 35.8556°N, 14.6692°E                            J2 – 36.2689°N, 14.0708°E
    C3 – 35.8322°N, 14.6542°E                            J3 – 36.2472°N, 14.0708°E
    C4 – 35.8022°N, 14.5775°E                            J4 – 36.1972°N, 13.9225°E
 ---pagebreak--- L 409/82         EN          Official Journal of the European Union      30.12.2006
   Zone D                                      Zone K
   D1 – 36.0422°N, 14.3459°E                   K1 – 35.9739°N, 14.0242°E
   D2 – 36.0289°N, 14.4625°E                   K2 – 36.0022°N, 14.0408°E
   D3 – 35.9989°N, 14.4559°E                   K3 – 36.0656°N, 13.9692°E
   D4 – 36.0289°N, 14.3409°E                   K4 – 36.1356°N, 13.8575°E
                                               K5 – 36.0456°N, 13.9242°E
   Zone E                                      Zone L
   E1 – 35.9789°N, 14.7159°E                   L1 – 35.9856°N, 14.1075°E
   E2 – 36.0072°N, 14.8159°E                   L2 – 35.9956°N, 14.1158°E
   E3 – 35.9389°N, 14.7575°E                   L3 – 35.9572°N, 14.0325°E
   E4 – 35.8939°N, 14.6075°E                   L4 – 35.9622°N, 13.9408°E
   E5 – 35.9056°N, 14.5992°E
   Zone F                                      Zone M
   F1 – 36.1423°N, 14.6725°E                   M1 – 36.4856°N,14.3292°E
   F2 – 36.1439°N, 14.7892°E                   M2 – 36.4639°N,14.4342°E
   F3 – 36.0139°N, 14.7892°E                   M3 – 36.3606°N,14.4875°E
   F4 – 36.0039°N, 14.6142°E                   M4 – 36.3423°N,14.4242°E
                                               M5 – 36.4156°N,14.4208°E
   Zone G                                      Zone N
   G1 – 36.0706°N, 14.9375°E                   N1 – 36.1155°N, 14.1217°E
   G2 – 35.9372°N, 15.0000°E                   N2 – 36.1079°N, 14.0779°E
   G3 – 35.7956°N, 14.9825°E                   N3 – 36.0717°N, 14.0264°E
   G4 – 35.7156°N, 14.8792°E                   N4 – 36.0458°N, 14.0376°E
   G5 – 35.8489°N, 14.6825°E                   N5 – 36.0516°N, 14.0896°E
                                               N6 – 36.0989°N, 14.1355°E
 ---pagebreak--- 30.12.2006        EN                  Official Journal of the European Union                  L 409/83
    (b)   Geographic coordinates of some way-points along the 200m isobath within the 25-mile
          management zone
    ID    Latitude   Longitude
    1     36.3673°N  14.5540°E
    2     36.3159°N  14.5567°E
    3     36.2735°N  14.5379°E
    4     36.2357°N  14.4785°E
    5     36.1699°N  14.4316°E
    6     36.1307°N  14.3534°E
    7     36.1117°N  14.2127°E
    8     36.1003°N  14.1658°E
    9     36.0859°N  14.152°E
    10    36.0547°N  14.143°E
    11    35.9921°N  14.1584°E
    12    35.9744°N  14.1815°E
    13    35.9608°N  14.2235°E
    14    35.9296°N  14.2164°E
    15    35.8983°N  14.2328°E
    16    35.867°N   14.4929°E
    17    35.8358°N  14.2845°E
    18    35.8191°N  14.2753°E
    19    35.7863°N  14.3534°E
    20    35.7542°N  14.4316°E
    21    35.7355°N  14.4473°E
    22    35.7225°N  14.5098°E
    23    35.6951°N  14.5365°E
    24    35.6325°N  14.536°E
 ---pagebreak--- L 409/84         EN           Official Journal of the European Union 30.12.2006
   25    35.57°N    14.5221°E
   26    35.5348°N  14.588°E
   27    35.5037°N  14.6192°E
   28    35.5128°N  14.6349°E
   29    35.57°N    14.6717°E
   30    35.5975°N  14.647°E
   31    35.5903°N  14.6036°E
   32    35.6034°N  14.574°E
   33    35.6532°N  14.5535°E
   34    35.6726°N  14.5723°E
   35    35.6668°N  14.5937°E
   36    35.6618°N  14.6424°E
   37    35.653°N   14.6661°E
   38    35.57°N    14.6853°E
   39    35.5294°N  14.713°E
   40    35.5071°N  14.7443°E
   41    35.4878°N  14.7834°E
   42    35.4929°N  14.8247°E
   43    35.4762°N  14.8246°E
   44    36.2077°N  13.947°E
   45    36.1954°N  13.96°E
   46    36.1773°N  13.947°E
   47    36.1848°N  13.9313°E
   48    36.1954°N  13.925°E
   49    35.4592°N  14.1815°E
   50    35.4762°N  14.1895°E
   51    35.4755°N  14.2127°E
   52    35.4605°N  14.2199°E
   53    35.4453°N  14.1971°E
 ---pagebreak--- 30.12.2006          EN                    Official Journal of the European Union                               L 409/85
                                                                                                         ANNEX VI
                                                    Correlation table
    Regulation (EC) No 1626/94                            Present Regulation
    Article 1(1)                                          Article 1(1)
    Article 1(2) first subparagraph                       Article 7, Article 17 and Article 19
    Article 1(2) second subparagraph                      Article 3
    Article 2(1) and (2)                                  Article 8
    Article 2(3)                                          Article 13(5), Article 17 and Article 19
    Article 3(1) first subparagraph                       Article 13(1) first subparagraph and (5)
    Article 3(1) second subparagraph                      Article 13(5), Article 14(2) and (3), Article 19
    Article 3(1) third (1a) subparagraph                  Article 4, Article 13(9), Article 13(10), Article 19
    Article 3(2)                                          Article 13(1) second subparagraph and (8) and Article
                                                          19
    Article 3(3)                                          Article 4, Article 13(10) and Article 19
    Article 3(4)                                          Article 13(3) and (7) and Article 19
    Article 4                                             Article 7
    Article 5                                             Article 12 and Annex II
    Article 6(1) first subparagraph and Article 6(2)      Article 9(1) and (2)
    Article 6(1) second subparagraph                      Article 9(7), Article 14(1) and (3)
    Article 6(3)                                          Annex II Definitions
    Article 7                                             Article 22
    Article 8(1) and (3)                                  Article 15, Annex III and Annex IV
    Article 8a                                            Article 26
    Article 8b                                            Article 27
    Article 9                                             Article 1(2)
    Article 10a                                           Article 29
    Article 11                                            Article 32
    Annex I                                               Article 3 and Article 4
    Annex II                                              Article 11, Annex I and Annex II
    Annex III                                             Article 9(3), (4) and (5)
    Annex IV                                              Annex III
    Annex V(b)                                            Annex V