(EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the
conservation of fishery resources in the Mediterranean
THE COUNCIL OF THE EUROPEAN UNION,
Whereas there has been no regulation at Community level of the conservation and management of fishery resources in the Mediterranean during the first 10 years of the common fisheries policy because the particular circumstances there lend themselves less easily to the application of rules analogous to those applying in the Atlantic and North Sea since 1983;
Whereas, however, the time has now come to remedy the problems currently affecting resources in the Mediterranean by introducing a harmonized management system suited to the circumstances there, while taking into account existing national regulations and making adjustment to the latter, as required to protect stocks, in a balanced and, where appropriate progressive manner;
Whereas the Community must also seek, in cooperation with all the coastal States concerned, to establish a common policy for the management and exploitation of Mediterranean fish stocks;
whereas, furthermore, the management system introduced by this Regulation covers operations relating to the fishing of Mediterranean stocks carried out by vessels flying the flag of a third country in Community ports;
Whereas gear which, when used in the Mediterranean, contributes excessively to the degradation of the marine environment or to the running-down of certain stocks should be prohibited; whereas part of the coastal zone should be reserved for the most selective gear used by small-scale fishermen,
whereas, notwithstanding the geographical scope of Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (4), the provisions of that Regulation concerning drifting gill nets and purse seines are already applicable in the Mediterranean;
Whereas it is appropriate to define the characteristics of the main types of fishing gear used in the Mediterranean, in particular minimum mesh sizes, as well as minimum sizes for certain species of fish, crustaceans, molluscs and other fishery products specific to the Mediterranean in order to prevent their over-exploitation;
Whereas, likewise, in order to avoid situations in which large numbers of undersized individuals are caught, it is necessary to protect certain zones where juveniles congregate, taking account of the local biological conditions in these various zones;
whereas it is furthermore appropriate that, when regulating fisheries in the Mediterranean, both Community and national legislation should take into account the special needs of particular species and environments recognized to be fragile or endangered;
Whereas, in order not to impede scientific research, this Regulation should not apply to any operations required for the purposes of such research;
Whereas national measures supplementary to, or going beyond the minimum requirements of, the system established by this Regulation or measures regulating the relationships between those engaged in fishing activities should remain possible;
whereas such measures may be maintained or introduced, subject to review by the Commission as regards their compatibility with Community law and their conformity with the common fisheries policy;
Whereas, for a limited period and according to a procedure which ensures a minimum negative effect on resources and on the activities of Community fishermen, national measures authorized by the provisions of this Regulation should be accepted;
Whereas Article 2 (2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (5), obliges Member States to ensure that non-commercial fisheries activities do not jeopardize the conservation and management of resources covered by the common fisheries policy;
whereas this obligation is of particular importance in the Mediterranean owning to the considerable extent of such activities in that sea and whereas it is important to limit any negative affects thereof on the state of stocks;
Whereas the Community is a signatory to the United Nations Convention on the Law
of the Sea, which contains principles and rules governing the conservation and
management of marine biological resources,
1. This Regulation shall apply to all fisheries and related activities pursued within the territory or the maritime waters of the Mediterranean of the east of line 5° 36' west falling under the sovereignty or jurisdiction of Member States with the exception of pools and lagoons. It shall also apply to such activities pursued in the Mediterranean outside those waters by Community vessels.
2. Member States with a Mediterranean coastline may continue to legislate in the
areas covered by paragraph 1, including that of non-commercial fisheries, by
adopting measures supplementary to, or going beyond the minimum requirements of,
the system established by this Regulation, provided such measures are compatible
with Community law and in conformity with the common fisheries policy.
3. The Commission shall be informed, in time for it to present its observations in accordance with the procedure laid down in Article 14 of Regulation (EEC) No 3094/86, of any plans to introduce or amend national conservation and resource management measures.
1. The use for fishing purposes and the keeping on board of toxic, soporific or corrosive substances, of electric shock generators and of explosives shall be prohibited.
2. The use of St Andrew's crosses and similar towed gear for harvesting coral and the use of pneumatic hammers or other percussive instruments for the collection of lithophagous molluscs shall be prohibited.
3. The use of encircling and towed nets set from a boat and operated from the shore (shore seines) shall be prohibited as from 1 January 2002 unless the Council, acting by a qualified majority on a proposal from the Commission, decides otherwise in the light of scientific data proving that their use does not have a negative impact on resources.
1. The use of trawls, seines or similar
nets shall be prohibited within three nautical miles of the coast or within the
50 m isobath where that depth is reached at a shorter distance, irrespective of
the method of towing or haulage, except where a derogation is provided for in
national legislation in respect of a three-mile coastal zone which extends
beyond the territorial waters of a Member State.
2. By way of derogation from paragraph 1, the use of dredges for catching shellfish shall be authorized irrespective of the distance from the coast and the depth, provided that the catch of species other than shellfish does not exceed 10 % of the total weight of the whole catch.
1. The Member States shall draw up a list of protected zones in which fishing activities are restricted for biological reasons specific to those zones.
2. The competent authorities of the Member States concerned shall fix the list of fishing gear which may be used in protected zones, as well as the appropriate technical rules, on the basis of the relevant conservation objectives and in accordance with this Regulation.
3. The measures referred to in paragraphs 1 and 2 shall be notified to the Commission, which shall communicate them to the other Member States.
1. Member States shall fix restrictions involving the technical characteristics of the main types of gear in accordance with the minimum requirements set out in Annex II.
2. The restrictions referred to in paragraph 1 shall be notified to the
Commission in accordance with Article 1 (3).
1. The using and keeping on board of
trawl or similar towed gear, gill net or encircling net shall be prohibited,
unless the mesh size in that part of the net having the smallest meshes is equal
to or greater than one of the minimum mesh sizes listed in Annex III.
2. Mesh sizes shall be determined in accordance with the procedure laid down in Commission Regulation (EEC) No 2108/84 (6).
3. The length of nets shall be defined by the length of the float line. 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.
Member States may prohibit landings outside places specially prepared or authorized for that purpose. Where Member States adopt such measures, they must notify them immediately to the Commission, which shall inform the other Member States.
1. A fish, crustacean, mollusc or other
fishery product shall be deemed undersized if it is smaller than the minimum
size specified in Annex IV for the relevant species.
2. The minimum sizes for coral, sea urchins, sea squirts and sponges shall be
adopted in accordance with the procedure laid down in Article 43 of the Treaty.
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 and of which the Commission has been informed.
When excercising its powers under this Regulation, and particularly when preparing proposals for measures in areas covered by agreements concluded between fishermen, the Commission shall seek the opinion of the organizations representing them.
This Regulation shall enter into force
on 1 January 1995.
FRAGILE OR ENDANGERED SPECIES OR
MINIMUM REQUIREMENTS RELATING TO THE
CHARACTERISTICS OF THE MAIN TYPES OF FISHING GEAR
ANNEX III missing