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Document 02011R1343-20151128
Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea
Consolidated text: Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea
Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea
2011R1343 — EN — 28.11.2015 — 001.001
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
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REGULATION (EU) No 1343/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 (OJ L 347 30.12.2011, p. 44) |
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REGULATION (EU) 2015/2102 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 October 2015 |
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REGULATION (EU) No 1343/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 December 2011
on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Economic and Social Committee ( 1 ),
Acting in accordance with the ordinary legislative procedure ( 2 ),
Whereas:|
(1) |
The European Community acceded to the Agreement for the establishment of the General Fisheries Commission for the Mediterranean (GFCM Agreement) pursuant to Council Decision 98/416/EC of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean ( 3 ) (GFCM). |
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(2) |
The GFCM Agreement provides an appropriate framework for multilateral cooperation to promote the development, conservation, rational management and best utilisation of living marine resources in the Mediterranean and the Black Sea at levels which are considered sustainable and at low risk of collapse. |
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(3) |
The European Union, as well as Bulgaria, Greece, Spain, France, Italy, Cyprus, Malta, Romania and Slovenia are contracting parties to the GFCM Agreement. |
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(4) |
Recommendations adopted by the GFCM are binding on its contracting parties. As the Union is a contracting party to the GFCM Agreement, these recommendations are binding on the Union and should therefore be implemented in Union law unless their content is already covered thereby. |
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(5) |
At its Annual Sessions in 2005, 2006, 2007 and 2008 the GFCM adopted a number of recommendations and resolutions for certain fisheries in the GFCM Agreement area which have been temporarily implemented in Union law by the annual Regulations on fishing opportunities or, in the case of GFCM Recommendations 2005/1 and 2005/2, by Article 4(3) and Article 24 of Council Regulation (EC) No 1967/2006 ( 4 ). |
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(6) |
For reasons of clarity, simplification and legal certainty, and since the permanent character of recommendations requires also a permanent legal instrument for their implementation in Union law, it is appropriate to implement these recommendations via a single legislative act, where future recommendations can be added by way of amendments to that act. |
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(7) |
GFCM recommendations apply to the entire GFCM Agreement area, that is the Mediterranean and the Black Sea and connecting waters, as defined in the preamble to the GFCM Agreement, and therefore, for reasons of clarity and legal certainty, they should be implemented in a single separate Regulation rather than through amendments to Regulation (EC) No 1967/2006 which covers only the Mediterranean Sea. |
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(8) |
Certain provisions contained in Regulation (EC) No 1967/2006 should apply not only to the Mediterranean Sea but to the entire GFCM Agreement area. Those provisions should therefore be deleted from Regulation (EC) No 1967/2006 and included in this Regulation. In addition, certain provisions regarding minimum mesh size that are laid down in that Regulation should be further clarified. |
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(9) |
The ‘fisheries restricted areas’ established by GFCM recommendations for spatial management measures are equivalent to the ‘fishing protected areas’ as used in Regulation (EC) No 1967/2006. |
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(10) |
At its Annual Session of 23 to 27 March 2009 the GFCM adopted, on the basis of scientific advice by the Scientific Advisory Committee (SAC), contained in the report of its 11th session (FAO report No 890), a recommendation on the establishment of a fisheries restricted area in the Gulf of Lions. It is appropriate to implement this measure by means of a fishing effort management system. |
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(11) |
In Mediterranean mixed fisheries, the selectivity of some fishing gears cannot be permitted to go beyond a certain level. In addition to the overall control and limitation of fishing effort, it is fundamental to limit fishing effort in areas where adults of important stocks aggregate, in order to ensure a risk of reproduction impairment that is low enough to allow for their sustainable exploitation. It is therefore advisable, in respect of the area examined by the SAC, first to limit the fishing effort to previous levels and then not to allow any increase of that level. |
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(12) |
The advice upon which management measures are based should itself be based on the scientific use of relevant data on fleet capacity and activity, on the biological status of exploited resources and on the social and economic situation of fisheries. Those data need to be collected and submitted in time to allow the subsidiary bodies of the GFCM to prepare their advice. |
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(13) |
At its Annual Session in 2008, the GFCM adopted a recommendation on a regional scheme of port state measures to combat Illegal, Unreported and Unregulated (IUU) fishing in the GFCM Area. While Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing ( 5 ) covers generally the content of that recommendation and has been applied since 1 January 2010, there are nevertheless some parts thereof, such as the frequency, the coverage and the procedure for port inspections, which need to be referred to in this Regulation in order to adapt them to the particularities of the GFCM Agreement area. |
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(14) |
Implementing powers should be conferred on the Commission in order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of the format and transmission of: the report on the fishing activities carried out in fisheries restricted areas; applications for carrying over lost days due to bad weather in the closed season for dolphinfish fisheries and the report on such carrying over; the report in the context of collecting data on dolphinfish fisheries; information in respect of the use of minimum mesh size for nets used for trawling activities exploiting demersal stocks in the Black Sea; and data on statistical matrices, as well as in respect of cooperation and exchange of information with the Executive Secretary of the GFCM. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers ( 6 ). |
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(15) |
In order to ensure that the Union continues to fulfil its obligations under the GFCM Agreement, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the implementation in Union law of amendments, which have become binding on the Union, to existing GFCM measures which have already been implemented in Union law, as regards the provision to the Executive Secretary of the GFCM of information on minimum mesh size in the Black Sea; the transmission to the Executive Secretary of the GFCM of the list of authorised vessels for the purpose of the GFCM Register; port state measures; cooperation, information and reporting; the table, map and geographic coordinates of the GFCM Geographical Sub-Areas; port state inspection procedures for vessels; and GFCM statistical matrices. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council, |
HAVE ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down the rules for the application by the Union of the conservation, management, exploitation, monitoring, marketing and enforcement measures for fishery and aquaculture products established by the General Fisheries Commission for the Mediterranean (GFCM).
Article 2
Scope
1. This Regulation applies to all commercial fishing and aquaculture activities conducted by EU fishing vessels and nationals of Member States in the GFCM Agreement area.
It shall apply without prejudice to Regulation (EC) No 1967/2006.
2. By way of derogation from paragraph 1, 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 whose flag the vessel is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out and the Scientific, Technical and Economic Committee for Fisheries of all catches from such fishing operations.
Article 3
Definitions
For the purposes of this Regulation the following definitions shall, in addition to the definitions laid down in Article 3 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy ( 7 ) and Article 2 of Regulation (EC) No 1967/2006, apply:
(a) ‘GFCM Agreement area’ means the Mediterranean and the Black Sea and connecting waters, as described in the GFCM Agreement;
(b) ‘fishing effort’ means the product resulting from multiplying the capacity of a fishing vessel, expressed either in kW or in GT (gross tonnage), by the activity expressed in number of days at sea;
(c) ‘day at sea’ means any calendar day on which a vessel is absent from port, irrespective of the amount of time in the course of that day that that vessel is present in an area;
(d) ‘EU Fleet Register number’ means the Community Fleet Register number defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register ( 8 ).
TITLE II
TECHNICAL MEASURES
CHAPTER I
Fisheries restricted areas
Article 4
Establishment of a fisheries restricted area
A fisheries restricted area is established in the eastern Gulf of Lions, bounded by lines joining the following geographic coordinates:
— 42° 40′ N, 4° 20′ E
— 42° 40′ N, 5° 00′ E
— 43° 00′ N, 4° 20′ E
— 43° 00′ N, 5° 00′ E.
Article 5
Fishing effort
For demersal stocks, the fishing effort of vessels using towed nets, bottom- and mid-water longlines and bottom-set nets in the fisheries restricted area as referred to in Article 4 shall not exceed the level of fishing effort applied in 2008 by each Member State in that area.
Article 6
Fishing track record
Member States shall, not later than 16 February 2012, submit to the Commission in electronic format a list of vessels flying their flag that had a track record of fishing during the year 2008 in the area referred to in Article 4 and in GFCM Geographical Sub-Area 7 as defined in Annex I. That list shall contain the name of the vessel, its EU Fleet Register number, the period for which the vessel was authorised to fish in the area referred to in Article 4 and the number of days spent by each vessel in the year 2008 in Geographical Sub-Area 7 and more specifically in the area referred to in Article 4.
Article 7
Authorised vessels
1. Vessels authorised to fish in the area referred to in Article 4 shall be issued with a fishing authorisation by their Member State in accordance with Article 7 of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy ( 9 ).
2. Fishing vessels which do not have records of fishing within the area referred to in Article 4 prior to 31 December 2008 shall not be authorised to start fishing therein.
3. Member States shall, not later than 16 February 2012, communicate to the Commission the national legislation in force on 31 December 2008 concerning:
(a) the maximum number of hours per day a vessel is permitted to engage in fishing activity;
(b) the maximum number of days per week a vessel is permitted to stay at sea and be absent from port; and
(c) the compulsory times for fishing vessels to exit from, and return to, their registered port.
Article 8
Protection of sensitive habitats
Member States shall ensure that the area referred to in Article 4 is protected from the impact of any other human activity jeopardising the conservation of the features that characterise that area as an area of spawners’ aggregation.
Article 9
Information
Before 1 February of each year, Member States shall submit to the Commission in electronic format a report on the fishing activities carried out in the area referred to in Article 4.
The Commission may adopt implementing acts as regards detailed rules for the format and transmission of the report on such fishing activities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
Article 10
Establishment of fisheries restricted areas
Fishing with towed dredges and bottom trawl nets shall be prohibited in the following areas:
(a) deep-sea fisheries restricted area ‘Lophelia reef off Capo Santa Maria di Leuca’ bounded by lines joining the following coordinates:
— 39° 27,72′ N, 18° 10,74′ E
— 39° 27,80′ N, 18° 26,68′ E
— 39° 11,16′ N, 18° 32,58′ E
— 39° 11,16′ N, 18° 04,28′ E;
(b) deep-sea fisheries restricted area ‘The Nile delta area cold hydrocarbon seeps’ bounded by lines joining the following coordinates:
— 31° 30,00′ N, 33° 10,00′ E
— 31° 30,00′ N, 34° 00,00′ E
— 32° 00,00′ N, 34° 00,00′ E
— 32° 00,00′ N, 33° 10,00′ E;
(c) deep-sea fisheries restricted area ‘The Eratosthenes Seamount’ bounded by lines joining the following coordinates:
— 33° 00,00′ N, 32° 00,00′ E
— 33° 00,00′ N, 33° 00,00′ E
— 34° 00,00′ N, 33° 00,00′ E
— 34° 00,00′ N, 32° 00,00′ E.
Article 11
Protection of sensitive habitats
Member States shall ensure that their competent authorities are called upon to protect the deep-sea sensitive habitats in the areas referred to in Article 10 from, in particular, the impact of any other activity jeopardising the conservation of the features that characterise those habitats.
CHAPTER II
Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices
Article 12
Closed season
1. The common dolphinfish (Coryphaena hippurus) fisheries using fish aggregating devices (FADs) shall be prohibited from 1 January to 14 August of each year.
2. By way of derogation from paragraph 1, if a Member State can demonstrate that, due to bad weather, the fishing vessels flying its flag were unable to make use of their normal fishing days, that Member State may carry over days lost by its vessels in FAD fisheries until 31 January of the following year. In that case, before the end of the year Member States shall submit to the Commission an application in respect of the number of days to be carried over.
3. Paragraphs 1 and 2 shall also apply in the management zone referred to in Article 26(1) of Regulation (EC) No 1967/2006.
4. The application referred to in paragraph 2 shall contain the following information:
(a) a report containing the details of the cessation of fishing activities in question, including appropriate supporting meteorological information;
(b) the name of the vessel and its EU Fleet Register number.
5. The Commission shall decide on applications of the kind referred to in paragraph 2 within 6 weeks from the date of receipt of an application and shall inform the Member State in writing of that decision.
6. The Commission shall inform the Executive Secretary of the GFCM of decisions taken pursuant to paragraph 5. Before 1 November of each year, Member States shall send to the Commission a report on the carrying over of days lost in the previous year as referred to in paragraph 2.
7. The Commission may adopt implementing acts as regards detailed rules for the format and transmission of the applications referred to in paragraph 4 and of the report on such carrying over referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
Article 13
Fishing authorisations
Fishing vessels authorised to participate in the common dolphinfish fishery shall be granted a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009 and shall be included in a list containing the name of the vessel and its EU Fleet Register number, which the Member State concerned shall provide to the Commission. Vessels of an overall length of less than 10 metres shall be required to have a fishing authorisation.
This requirement shall also apply to the management zone referred to in Article 26(1) of Regulation (EC) No 1967/2006.
Article 14
Data collection
1. Without prejudice to Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy ( 10 ), Member States shall set up an appropriate system of collection and treatment of fisheries catch and fishing effort data.
2. Member States shall report to the Commission by 15 January of each year the number of vessels involved in the fishery, as well as the total landings and transhipments of common dolphinfish carried out in the previous year by the fishing vessels flying their flag in each Geographical Sub-Area of the GFCM Agreement area as set out in Annex I.
The Commission may adopt implementing acts as regards detailed rules for the format and transmission of such reports. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
3. The Commission shall forward the information received from the Member States to the Executive Secretary of the GFCM.
CHAPTER III
Fishing gear
Article 15
Minimum mesh size in the Black Sea
1. The minimum mesh size for nets used for trawling activities exploiting demersal stocks in the Black Sea shall be 40 mm. Panels of netting smaller than 40 mm mesh size opening shall not be used or kept on board.
2. Before 1 February 2012, the net referred to in paragraph 1 shall be replaced by a square-meshed net of 40 mm at the cod-end or, at the duly justified request of the ship-owner, by a diamond meshed net of 50 mm with an acknowledged size selectivity equivalent to or higher than that of square-meshed nets of 40 mm at the cod-end.
3. Member States whose fishing vessels conduct trawling activities exploiting demersal stocks in the Black Sea shall submit to the Commission, for the first time not later than 16 February 2012 and subsequently every 6 months, the list of fishing vessels that conduct such activities in the Black Sea and that are equipped with a square-meshed net of at least 40 mm at the cod-end or diamond meshed nets of at least 50 mm, as well as the percentage that such vessels represent of the whole national demersal trawl fleet.
The Commission may adopt implementing acts as regards detailed rules for the format and transmission of the information referred to in this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
4. The Commission shall forward the information referred to in paragraph 3 to the Executive Secretary of the GFCM.
Article 15a
Use of trawl nets and gill-nets fisheries in the Black Sea
1. The use of trawl nets shall be prohibited:
(a) within three nautical miles off the coast, provided that the 50 metre isobath is not reached; or
(b) within the 50 metre isobath where the depth of 50 metres is reached at a shorter distance from the coast.
2. Member States may exceptionally authorise their fishing vessels to fish within the zone referred to in paragraph 1 by granting derogations in accordance with Recommendation GFCM/36/2012/3, provided that they duly inform the Commission of any such derogation.
3. Where the Commission considers that a derogation granted in accordance with paragraph 2 does not fulfil the condition set out in that paragraph, it may, subject to providing relevant reasons and after consulting with the Member State concerned, request it to amend that derogation.
4. The Commission shall inform the Executive Secretary of the GFCM of any derogations granted in accordance with paragraph 2.
5. From 1 January 2015, the monofilament or twines diameter of bottom-set gillnets shall not exceed 0,5 mm.
Article 16
Use of towed dredges and trawl nets fisheries
The use of towed dredges and trawl nets fisheries at depths beyond 1 000 m shall be prohibited.
CHAPTER IV
Conservation and sustainable exploitation of red coral
Article 16a
Scope
This Chapter shall apply without prejudice to Article 4(2) and points (e) and (g) of Article 8(1) of Regulation (EC) No 1967/2006 or any stricter measures stemming from Council Directive 92/43/EEC ( 11 ).
Article 16b
Minimum depth for harvesting
1. The harvesting of red coral shall be prohibited at depths of less than 50 metres until the GFCM indicates otherwise.
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 27 of this Regulation and Article 18(1) to (6) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( 12 ) in order to grant derogations from paragraph 1.
3. Joint recommendations to be submitted pursuant to Article 18(1) of Regulation (EU) No 1380/2013 with a view to a derogation as referred to in paragraph 2 of this Article shall be accompanied by:
(a) detailed information on the national management framework;
(b) the scientific or technical justifications;
(c) the list of fishing vessels, or the number of authorisations granted, as regards the harvesting of red coral at depths of less than 50 metres; and
(d) the list of fishing zones where such harvesting is authorised, as identified by geographic coordinates both on land and at sea.
Any joint recommendation by Member States as referred to in the first subparagraph shall be submitted by 29 November 2018.
4. Derogations referred to in paragraph 2 of this Article shall be granted if the following conditions are satisfied:
(a) an appropriate national management framework is in place, including a fishing authorisation scheme in accordance with Article 7 of Regulation (EC) No 1224/2009; and
(b) adequate spatio-temporal closures ensure that only a limited number of red coral colonies are exploited.
5. Notwithstanding paragraphs 2 to 4 and as a transitional measure, Member States may adopt measures for the implementation of Recommendation GFCM/35/2011/2, provided that:
(a) those measures are part of an appropriate national management framework; and
(b) the Member State concerned duly informs the Commission of the adoption of those measures.
The Member States concerned shall ensure that any derogations cease to apply no later than on the date of application of the relevant delegated act adopted in accordance with paragraph 2.
6. Where the Commission considers, on the basis of the notifications provided by the Member States concerned in accordance with point (b) of paragraph 5, that a national measure adopted after 28 November 2015 does not satisfy the conditions set out in paragraph 4, it may, subject to providing relevant reasons and after consultation with the Member State concerned, request it to amend that measure.
7. The Commission shall inform the Executive Secretary of the GFCM of the measures adopted pursuant to paragraphs 2 and 5.
Article 16c
Minimum basal diameter of colonies
1. Red coral from colonies of red coral whose basal diameter is smaller than 7 mm at the trunk, measured within one centimetre from the base of the colony, shall not be harvested, retained on board, transhipped, landed, transferred, stored, sold or displayed or offered for sale as raw product.
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 27 of this Regulation and Article 18(1) to (6) of Regulation (EU) No 1380/2013 in order to authorise, by way of derogation from paragraph 1, a maximum tolerance limit of 10 % in live weight of undersized (< 7 mm) colonies of red coral.
3. Joint recommendations to be submitted pursuant to Article 18(1) of Regulation (EU) No 1380/2013 with a view to a derogation as referred to in paragraph 2 of this Article shall be accompanied by the scientific or technical justifications for that derogation.
Any joint recommendation by Member States as referred to in the first subparagraph shall be submitted by 29 November 2018.
4. Derogations as referred to in paragraph 2 of this Article shall be granted if the following conditions are satisfied:
(a) a national management framework is in place, including a fishing authorisation scheme in accordance with Article 7 of Regulation (EC) No 1224/2009;
(b) specific monitoring and control programmes are in place.
5. Notwithstanding paragraphs 2 to 4 and as a transitional measure, Member States may adopt measures for the implementation of Recommendation GFCM/36/2012/1, provided that:
(a) those measures form part of an appropriate national management framework; and
(b) the Member State concerned duly informs the Commission of the adoption of those measures.
The Member States concerned shall ensure that any derogations cease to apply no later than on the date of application of the relevant delegated act adopted in accordance with paragraph 2.
6. Where the Commission considers, on the basis of the notifications provided by the Member States concerned in accordance with point (b) of paragraph 5, that a national measure adopted after 28 November 2015 does not satisfy the conditions set out in paragraph 4, it may, subject to providing relevant reasons and after consultation with the Member State concerned, request it to amend that measure.
7. The Commission shall inform the Executive Secretary of the GFCM of the measures adopted pursuant to paragraphs 2 and 5.
Article 16d
Gear and devices
1. For the harvesting of red coral, the only permitted gear shall be a hammer used in scuba diving by fishermen who are authorised or recognised by the competent national authority.
2. The use of Remotely Operated underwater Vehicles (ROVs) for the exploitation of red coral shall be prohibited.
3. By way of derogation from paragraph 2, the use of ROVs that have been authorised by a Member State prior to 30 September 2011 for the purpose of observation and prospection shall continue to be permitted in zones under the jurisdiction of that Member State provided that the ROVs concerned cannot be equipped with manipulator arms or any other device allowing the cutting and harvesting of red coral.
Such authorisations shall expire or be withdrawn by 31 December 2015 unless the Member State concerned has obtained scientific results showing that the use of ROVs beyond 2015 would have no negative impact on the sustainable exploitation of red coral.
4. By way of derogation from paragraph 2, a Member State may authorise the use of ROVs without manipulator arms for the purpose of observation and prospection in zones under the jurisdiction of that Member State, provided that it has obtained scientific results in the context of a national management framework showing no negative impact on the sustainable exploitation of red coral.
Such authorisations shall expire or be withdrawn by 31 December 2015 unless the scientific results referred to in the first subparagraph are validated by the GFCM.
5. By way of derogation from paragraph 2, a Member State may authorise, for a limited period of time not extending beyond 31 December 2015, the use of ROVs for the purpose of scientific experimental campaigns for observation and harvesting of red coral, provided that the campaigns are carried out under the supervision of a national research institution or in collaboration with competent national or international scientific bodies as well as with any other relevant stakeholders.
CHAPTER V
Reduction of the impact of fishing activities on certain marine species
Article 16e
Scope
This Chapter shall apply without prejudice to any stricter measures stemming from Directive 92/43/EEC or Directive 2009/147/EC of the European Parliament and of the Council ( 13 ), and to Council Regulation (EC) No 1185/2003 ( 14 ).
Article 16f
Incidental catches of seabirds in fishing gears
1. Masters of fishing vessels shall promptly release seabirds incidentally caught in fishing gears.
2. Fishing vessels shall not bring seabirds ashore except within the framework of national plans for the conservation of seabirds or to secure assistance for the recovery of harmed individual seabirds, and provided that the competent national authorities have been duly and officially informed, prior to the fishing vessel concerned returning to port, of the intention to bring such seabirds ashore.
Article 16g
Incidental catches of sea turtles in fishing gears
1. To the extent possible, sea turtles incidentally caught in fishing gears shall be safely handled and released unharmed and alive.
2. Masters of fishing vessels shall not bring ashore sea turtles unless as part of a specific rescue or national conservation programme or unless this is otherwise required in order to rescue, and secure assistance for the recovery of, harmed and comatose individual sea turtles and provided that the competent national authorities concerned have been duly and officially informed prior to the fishing vessel concerned returning to port.
3. As far as practicable, fishing vessels using purse seines for small pelagic species or surrounding nets without purse line for pelagic species shall avoid encircling sea turtles.
4. Fishing vessels using long-lines and bottom-set gillnets shall carry on board safe-handling, disentanglement and release equipment designed to ensure that sea turtles are handled and released in a manner that maximises the probability of their survival.
Article 16h
Incidental catches of monk seals (Monachus monachus)
1. Masters of fishing vessels shall not take on board, tranship or land monk seals, unless this is required in order to rescue, and to secure assistance for the recovery of, harmed individual animals and provided that the competent national authorities concerned have been duly and officially informed prior to the fishing vessel concerned returning to port.
2. Monk seals incidentally caught in fishing gears shall be released unharmed and alive. The carcasses of dead specimens shall be landed and seized for the purpose of scientific studies or destroyed by the competent national authorities.
Article 16i
Incidental catches of cetaceans
Fishing vessels shall promptly return to the sea unharmed and alive, as far as practicable, cetaceans incidentally caught in fishing gears and brought alongside the fishing vessel.
Article 16j
Protected sharks and rays
1. Shark and ray species which are included in Annex II to the Protocol concerning specially protected areas and biological diversity in the Mediterranean ( 15 ) (‘Protocol to the Barcelona Convention’) shall not be retained on board, transhipped, landed, transferred, stored, sold or displayed or offered for sale.
2. To the extent possible, fishing vessels that have incidentally caught sharks and rays of the species included in Annex II to the Protocol to the Barcelona Convention shall promptly release them unharmed and alive.
Article 16k
Identification of sharks
Beheading and skinning of sharks on board and before landing shall be prohibited. Beheaded and skinned sharks may not be marketed at the first sale markets after landing.
CHAPTER VI
Measures for fisheries for small pelagic stocks in the Adriatic Sea
Article 16l
Management of fishing capacity
1. For the purposes of this Article, the reference fishing capacity for small pelagic stocks is that established on the basis of the lists of fishing vessels of the Member States concerned, as communicated to the GFCM Secretariat in accordance with paragraph 22 of Recommendation GFCM/37/2013/1. Those lists include all fishing vessels equipped with trawl nets, purse seines or other types of surrounding nets without purse line which are authorised to fish for small pelagic stocks and are registered in harbours located in Geographical Sub-Areas 17 and 18, as referred to in Annex I to this Regulation, or which, although registered in harbours located outside those Geographical Sub-Areas on 31 October 2013, are operating in Geographical Sub-Area 17 or 18 or in both.
2. Fishing vessels equipped with trawl nets and purse seines, irrespective of the overall length of the vessel concerned, are classified as fishing actively for small pelagic stocks when sardine and anchovy account for at least 50 % of the catch in live weight.
3. Member States shall ensure that the overall fleet capacity of fishing vessels equipped with trawl nets or purse seines actively fishing for small pelagic stocks in Geographical Sub-Area 17, both in terms of gross tonnage (GT) or gross registered tonnage (GRT) and in terms of engine power (kW), as recorded in the national and EU fleet registers, does not at any time exceed the reference fishing capacity for small pelagic stocks referred to in paragraph 1.
4. Member States shall ensure that fishing vessels equipped with trawl nets and purse seines for small pelagic stocks as referred to in paragraph 2 do not operate for more than 20 fishing days per month and more than 180 fishing days per year.
5. Any fishing vessel not included in the list of authorised fishing vessels referred to in paragraph 1 of this Article shall not be allowed to fish for, or, by way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, retain on board or land any quantity greater than 20 % of anchovy or sardine or of both anchovy and sardine if the fishing vessel is engaged on a fishing trip in Geographical Sub-Area 17 or 18 or in both.
6. Member States shall communicate to the Commission any addition to, any deletion from or any modification of, the list of authorised fishing vessels referred to in paragraph 1 as soon as such addition, deletion or modification occurs. Those changes shall be without prejudice to the reference fishing capacity referred to in paragraph 1. The Commission shall forward that information to the Executive Secretary of the GFCM.
TITLE III
CONTROL MEASURES
CHAPTER I
Register of vessels
Article 17
Register of authorised vessels
1. Before 1 December of each year, each Member State shall send to the Commission, through the accustomed data-processing support, an updated list of the vessels of more than 15 metres in overall length flying its flag and registered in its territory that it authorises to fish in the GFCM Agreement area by issuance of a fishing authorisation.
2. The list indicated in paragraph 1 shall include the following information:
(a) the vessel’s EU Fleet Register number and its external marking, as defined in Annex I to Regulation (EC) No 26/2004;
(b) the period during which fishing and/or transhipment is authorised;
(c) the fishing gears used.
3. The Commission shall send the updated list to the Executive Secretary of the GFCM before 1 January of each year so that the vessels concerned can be entered on the GFCM register of vessels of more than 15 metres in overall length authorised to fish in the GFCM Agreement area (GFCM register).
4. Any change to be made to the list referred to in paragraph 1 shall be notified to the Commission for transmission to the Executive Secretary of the GFCM, through the accustomed data-processing support, at least 10 working days before the vessel begins fishing activity in the GFCM Agreement area.
5. EU fishing vessels of more than 15 metres in overall length that are not entered on the list referred to in paragraph 1 shall not fish, retain on board, tranship or land any type of fish or shellfish within the GFCM Agreement area.
6. Member States shall take the necessary measures to ensure that:
(a) only vessels flying their flag that are included in the list referred to in paragraph 1 and that hold on board a fishing authorisation issued by them are permitted, under the terms of the authorisation, to carry out fishing activities in the GFCM Agreement area;
(b) no fishing authorisation is issued to vessels that have carried out illegal, unregulated and unreported fishing (IUU fishing) in the GFCM Agreement area or elsewhere, unless the new owners provide adequate documentary evidence that the previous owners and operators no longer have 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) as far as possible, their national legislation prohibits owners and operators of vessels flying their flag that are included in the list referred to in paragraph 1 from taking part in, or being associated with, fishing activities carried out in the GFCM Agreement area by vessels not on the GFCM register;
(d) as far as possible, their national legislation requires owners of vessels flying their flag that are included in the list referred to 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 Agreement area carried out by vessels of more than 15 metres in overall length that are not on the GFCM register.
8. Member States shall, without delay, communicate to the Commission any information showing that there are strong reasons for suspecting that vessels of 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 Ia
Recording obligations
Article 17a
Harvesting of red coral
Fishing vessels authorised to harvest red coral shall have on board a logbook in which the daily catches of red coral and fishing activity by area and depths are recorded, including the number of fishing days and dives. That information shall be communicated to the competent national authorities within the deadline laid down in Article 14(6) of Regulation (EC) No 1224/2009.
Article 17b
Incidental catches of certain marine species
1. Without prejudice to Article 15(5) of Regulation (EC) No 1224/2009, masters of fishing vessels shall record in the fishing logbook referred to in Article 14 of that Regulation the following information:
(a) any event of incidental catch and release of seabirds;
(b) any event of incidental catch and release of sea turtles;
(c) any event of incidental catch and release of monk seals;
(d) any event of incidental catch and release of cetaceans;
(e) any event of incidental catch and, where required, release of sharks and rays of the species listed in Annex II or Annex III to the Protocol to the Barcelona Convention.
2. National reports intended to be analysed by the SAC should, in addition to the information recorded in the logbook, also contain:
(a) in relation to incidental catches of sea turtles, information on:
— fishing gear type,
— times of the incidents,
— soak duration,
— depths and locations,
— target species,
— sea turtles species, and
— whether the sea turtles have been discarded dead or released alive;
(b) in relation to incidental catches of cetaceans, information on:
— characteristics of gear type,
— times of the incidents,
— locations (either by Geographical Sub-Areas or statistical rectangles, as defined in Annex I to this Regulation), and
— whether any such cetacean is a dolphin or another species of cetacean.
3. By 31 December 2015, Member States shall establish the rules referred to in paragraph 1 on the recording of incidental catches by the masters of fishing vessels which are not subject to the obligation to keep a fishing logbook pursuant to Article 14 of Regulation (EC) No 1224/2009.
CHAPTER II
Port state measures
Article 18
Scope
This Chapter shall apply to third-country fishing vessels.
Article 19
Prior notice
By way of derogation from Article 6(1) of Regulation (EC) No 1005/2008, the period for prior notification shall be at least 72 hours before the estimated time of arrival at the port.
Article 20
Port inspections
1. Notwithstanding Article 9(1) of Regulation (EC) No 1005/2008, Member States shall carry out inspections in their designated ports of at least 15 % of landings and transhipment operations each year.
2. Notwithstanding Article 9(2) of Regulation (EC) No 1005/2008, fishing vessels that enter into a Member State’s port without prior authorisation shall be inspected in all cases.
Article 21
Inspection procedure
In addition to the requirements provided for in Article 10 of Regulation (EC) No 1005/2008, port inspections shall comply with the requirements set out in Annex II to this Regulation.
Article 22
Denial of use of port
1. Member States shall not allow a third-country vessel to use their ports for landing, transhipping or processing fisheries products caught in the GFCM Agreement area and shall deny it access to port services, including, inter alia, refuelling and re-supplying services, if the vessel:
(a) does not comply with the requirements of this Regulation;
(b) is included in a list of vessels that have engaged in, or have supported, IUU fishing adopted by a regional fisheries management organisation; or
(c) does not have a valid authorisation to engage in fishing or fishing-related activities in the GFCM Agreement area.
By way of derogation from the first subparagraph, nothing shall prevent Member States from allowing, in situations of force majeure or distress within the meaning of Article 18 of the United Nations Convention on the Law of the Sea ( 16 ), a third-country vessel from using their ports for services strictly necessary to remedy such situations.
2. Paragraph 1 shall apply in addition to the provisions on denial of use of port provided for by Article 4(2) and Article 37(5) and (6) of Regulation (EC) No 1005/2008.
3. Where a Member State has denied the use of its ports to a third-country vessel in accordance with paragraph 1 or 2, it shall promptly notify the master of the vessel, the flag State, the Commission and the Executive Secretary of the GFCM of such action.
4. Where the grounds for denial referred to in paragraph 1 or 2 no longer apply, the Member State shall withdraw its denial and notify the addressees referred to in paragraph 3 of that withdrawal.
TITLE IV
COOPERATION, INFORMATION AND REPORTING
Article 23
Cooperation and information
1. The Commission and Member States shall cooperate and exchange information with the Executive Secretary of the GFCM, in particular by:
(a) requesting information from, and providing information to, relevant databases;
(b) requesting cooperation and cooperating in order to promote the effective implementation of this Regulation.
2. Member States shall ensure that their national fisheries-related information systems allow for the direct electronic exchange of information on port state inspections referred to in Title III between them and the Executive Secretary of the GFCM, taking due account of appropriate confidentiality requirements.
3. Member States shall take measures to share, by electronic means, information among relevant national agencies and to coordinate the activities of such agencies in the implementation of the measures set out in Chapter II of Title III.
4. Member States shall establish a list of contact points for the purpose of this Regulation, which shall be transmitted electronically, without delay, to the Commission and to the Executive Secretary and the contracting parties of the GFCM.
5. The Commission may adopt implementing acts as regards detailed rules for cooperation and the exchange of information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
Article 23a
Reporting of relevant data to the Commission
1. By 15 December of each year, the Member States concerned shall submit to the Commission:
(a) the data on red coral referred to in Article 17a; and
(b) in the form of an electronic report, the rates of incidental catches and release of seabirds, sea turtles, monk seals, cetaceans and sharks and rays, as well as any relevant information reported in accordance with points (a), (b), (c), (d) and (e) respectively of Article 17b(1).
2. The Commission shall transmit the information referred to in paragraph 1 to the Executive Secretary of the GFCM by 31 December of each year.
3. Member States shall communicate to the Commission any changes to the list of ports designated for landing catches of red coral in accordance with paragraph 5 of Recommendation GFCM/36/2012/1.
4. Member States shall set up adequate monitoring systems in order to collect reliable information on the impact on cetacean populations in the Black Sea of fishing vessels targeting picked dogfish with bottom-set gillnets, and shall submit that information to the Commission.
5. Member States shall inform the Commission of any changes made to the maps and lists of geographical positions which identify the location of caves of monk seals as referred to in paragraph 6 of Recommendation GFCM/35/2011/5.
6. The Commission shall promptly transmit the information referred to in paragraphs 3, 4 and 5 to the Executive Secretary of the GFCM.
7. The Commission may adopt implementing acts in respect of the format and transmission of the information referred to in paragraphs 1, 3, 4 and 5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
Article 23b
Control, monitoring and surveillance of fisheries for small pelagic stocks in the Adriatic Sea
1. By 1 October of each year, Member States shall communicate to the Commission their plans and programmes to ensure compliance with Article 16l through adequate monitoring and reporting, in particular of the monthly catches and fishing effort deployed.
2. The Commission shall submit the information referred to in paragraph 1 to the Executive Secretary of the GFCM by no later than 30 October of each year.
Article 24
Reporting of statistical matrices
1. Member States shall submit before 1 May of each year to the Executive Secretary of the GFCM the data for Tasks 1.1, 1.2, 1.3, 1.4 and 1.5 of the GFCM statistical matrix as set out in Section C of Annex III.
2. For the submission of data referred to in paragraph 1, Member States shall use the GFCM data-entry system or any other appropriate data submission standard and protocol that is set by the Executive Secretary of the GFCM and that is available on the GFCM website.
3. Member States shall inform the Commission of the data submitted on the basis of this Article.
The Commission may adopt implementing acts as regards detailed rules for the format and transmission of data referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
TITLE V
FINAL PROVISIONS
Article 25
Committee procedure
1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30(1) of Regulation (EC) No 2371/2002. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 26
Delegation of powers
As far as is necessary, in order to implement in Union law amendments that become obligatory for the Union to existing GFCM measures that have already been implemented in Union law, the Commission shall be empowered to adopt delegated acts, in accordance with Article 27, in order to amend the provisions of this Regulation in respect of the following:
(a) the provision to the Executive Secretary of the GFCM of information under Article 15(4);
(b) the transmission of the list of authorised vessels to the Executive Secretary of the GFCM under Article 17;
(c) port state measures set out in Articles 18 to 22;
(d) cooperation, information and reporting set out in Articles 23 and 24;
(e) the table, the map and the geographical coordinates of GFCM Geographical Sub-Areas (GSAs) set out in Annex I;
(f) port state inspection procedures for vessels set out in Annex II; and
(g) GFCM statistical matrices set out in Annex III.
Article 27
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in ►M1 Articles 16b, 16c and 26 ◄ shall be conferred on the Commission for a period of 3 years from ►M1 28 November 2015 ◄ . The Commission shall draw up a report in respect of the delegation of power not later than 6 months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.
3. The delegation of powers referred to in ►M1 Articles 16b, 16c and 26 ◄ may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to ►M1 Articles 16b, 16c and 26 ◄ shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Article 28
Amendments to Regulation (EC) No 1967/2006
Regulation (EC) No 1967/2006 is hereby amended as follows:
(1) in Article 4, paragraph 3 is deleted;
(2) in Article 9, paragraph 3 is replaced by the following:
‘3. For towed nets, other than those referred to in paragraph 4, the minimum mesh size shall be at least:
(a) a square-meshed net of 40 mm at the cod-end; or
(b) at the duly justified request of the ship owner, a diamond-meshed net of 50 mm of an acknowledged size selectivity that is equivalent to or higher than that of nets referred to under point (a).
Fishing vessels shall be authorised to use and keep on board only one of the two types of nets.
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 supplied by Member States before 31 December 2011, it shall propose due amendments where appropriate.’;
(3) Article 24 is deleted;
(4) in Article 27, paragraphs 1 and 4 are deleted.
Article 29
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
A) Table of GFCM GSAs
|
FAO SUB-AREA |
FAO STATISTICAL DIVISIONS |
GSAs |
|
WESTERN |
1.1 BALEARIC |
1 Northern Alboran Sea |
|
2 Alboran Island |
||
|
3 Southern Alboran Sea |
||
|
4 Algeria |
||
|
5 Balearic Island |
||
|
6 Northern Spain |
||
|
11.1 Sardinia (west) |
||
|
1.2 GULF OF LIONS |
7 Gulf of Lions |
|
|
1.3 SARDINIA |
8 Corsica Island |
|
|
9 Ligurian and North Tyrrhenian Sea |
||
|
10 South Tyrrhenian Sea |
||
|
11.2 Sardinia (east) |
||
|
12 Northern Tunisia |
||
|
CENTRAL |
2.1 ADRIATIC |
17 Northern Adriatic |
|
18 Southern Adriatic Sea (part) |
||
|
2.2 IONIAN |
13 Gulf of Hammamet |
|
|
14 Gulf of Gabes |
||
|
15 Malta Island |
||
|
16 South of Sicily |
||
|
18 Southern Adriatic Sea (part) |
||
|
19 Western Ionian Sea |
||
|
20 Eastern Ionian Sea |
||
|
21 Southern Ionian Sea |
||
|
EASTERN |
3.1 AEGEAN |
22 Aegean Sea |
|
23 Crete Island |
||
|
3.2 LEVANT |
24 North Levant |
|
|
25 Cyprus Island |
||
|
26 South Levant |
||
|
27 Levant |
||
|
BLACK SEA |
4.1 MARMARA |
28 Marmara Sea |
|
4.2 BLACK SEA |
29 Black Sea |
|
|
4.3 AZOV SEA |
30 Azov Sea |
B) Map of GFCM GSAs (GFCM, 2009)
— FAO Statistical Divisions (red) — GFCM GSA (black)
01 — Northern Alboran Sea
02 — Alboran Island
03 — Southern Alboran Sea
04 — Algeria
05 — Balearic Island
06 — Northern Spain
07 — Gulf of Lions
08 — Corsica Island
09 — Ligurian and North Tyrrhenian Sea
10 — South and Central Tyrrhenian Sea
11.1 — Sardinia (west)
11.2 — Sardinia (east)
12 — Northern Tunisia
13 — Gulf of Hammamet
14 — Gulf of Gabes
15 — Malta Island
16 — South of Sicily
17 — Northern Adriatic
18 — Southern Adriatic Sea
19 — Western Ionian Sea
20 — Eastern Ionian Sea
21 — Southern Ionian Sea
22 — Aegean Sea
23 — Crete Island
24 — North Levant
25 — Cyprus Island
26 — South Levant
27 — Levant
28 — Marmara Sea
29 — Black Sea
30 — Azov Sea
C) Geographical coordinates for GFCM GSAs (GFCM, 2009)
|
GSAs |
LIMITS |
|
1 |
Coast Line 36° N 5° 36′ W 36° N 3° 20′ W 36° 05′ N 3° 20′ W 36° 05′ N 2° 40′ W 36° N 2° 40′ W 36° N 1° 30′ W 36° 30′ N 1° 30′ W 36° 30′ N 1° W 37° 36′ N 1° W |
|
2 |
36° 05′ N 3° 20′ W 36° 05′ N 2° 40′ W 35° 45′ N 3° 20′ W 35° 45′ N 2° 40′ W |
|
3 |
Coast Line 36° N 5° 36′ W 35° 49′ N 5° 36′ W 36° N 3° 20′ W 35° 45′ N 3° 20′ W 35° 45′ N 2° 40′ W 36° N 2° 40′ W 36° N 1° 13′ W Morocco-Algeria border |
|
4 |
Coast Line 36° N 2° 13′ W 36° N 1° 30′ W 36° 30′ N 1° 30′ W 36° 30′ N 1° W 37° N 1° W 37° N 0° 30′ E 38° N 0° 30′ E 38° N 8° 35′ E Algeria-Tunisia border Morocco-Algeria border |
|
5 |
38° N 0° 30′ E 39° 30′ N 0° 30′ E 39° 30′ N 1° 30′ W 40° N 1° 30′ E 40° N 2° E 40° 30′ N 2° E 40° 30′ N 6° E 38° N 6° E |
|
6 |
Coast line 37° 36′ N 1° W 37° N 1° W 37° N 0° 30′ E 39° 30′ N 0° 30′ E 39° 30′ N 1° 30′ W 40° N 1° 30′ E 40° N 2° E 40° 30′ N 2° E 40° 30′ N 6° E 41° 47′ N 6° E 42° 26′ N 3° 09′ E |
|
7 |
Coast line 42° 26′ N 3° 09′ E 41° 20′ N 8° E France-Italy border |
|
8 |
43° 15′ N 7° 38′ E 43° 15′ N 9° 45′ E 41° 18′ N 9° 45′ E 41° 20′ N 8° E 41° 18′ N 8° E |
|
9 |
Coast line France-Italy border 43° 15′ N 7° 38′ E 43° 15′ N 9° 45′ E 41° 18′ N 9° 45′ E 41° 18′ N 13° E |
|
10 |
Coast line (including North Sicily) 41° 18′ N 13° E 41° 18′ N 11° E 38° N 11° E 38° N 12° 30′ E |
|
11 |
41° 47′ N 6° E 41° 18′ N 6° E 41° 18′ N 11° E 38° 30′ N 11° E 38° 30′ N 8° 30′ E 38° N 8° 30′ E 38° N 6° E |
|
12 |
Coast line Algeria-Tunisia border 38° N 8° 30′ E 38° 30′ N 8° 30′ E 38° 30′ N 11° E 38° N 11° E 37° N 12° E 37° N 11° 04′E |
|
13 |
Coast line 37° N 11° 04′E 37° N 12° E 35° N 13° 30′ E 35° N 11° E |
|
14 |
Coast line 35° N 11° E 35° N 15° 18′ E Tunisia-Libya border |
|
15 |
36° 30′ N 13° 30′ E 35° N 13° 30′E 35° N 15° 18′ E 36° 30′ N 15° 18′ E |
|
16 |
Coast line 38° N 12° 30′ E 38° N 11° E 37° N 12° E 35° N 13° 30′ E 36° 30′ N 13° 30′ E 36° 30′ N 15° 18′ E 37° N 15° 18′ E |
|
17 |
Coast line 41° 55′ N 15° 08′ E Croatia-Montenegro border |
|
18 |
Coast lines (both sides) 41° 55′ N 15° 08′ E 40° 04′ N 18° 29′ E Croatia-Montenegro border Albania-Greece border |
|
19 |
Coast line (including East Sicily) 40° 04′ N 18° 29′ E 37° N 15° 18′ E 35° N 15° 18′ E 35° N 19° 10′ E 39° 58′ N 19° 10′ E |
|
20 |
Coast line Albania-Greece border 39° 58′ N 19° 10′ E 35° N 19° 10′ E 35° N 23° E 36° 30′ N 23° E |
|
21 |
Coast line Tunisia-Libya border 35° N 15° 18′ E 35° N 23° E 34° N 23° E 34° N 25° 09′ E Libya-Egypt border |
|
22 |
Coast line 36° 30′ N 23° E 36° N 23° E 36° N 26° 30′ E 34° N 26° 30′ E 34° N 29° E 36° 43′ N 29° E |
|
23 |
36° N 23° E 36° N 26° 30′ E 34° N 26° 30′ E 34° N 23° E |
|
24 |
Coast line 36° 43′ N 29° E 34° N 29° E 34° N 32° E 35° 47′ N 32° E 35° 47′ N 35° E Turkey-Syria border |
|
25 |
35° 47′ N 32° E 34° N 32° E 34° N 35° E 35° 47′ N 35° E |
|
26 |
Coast line Libya-Egypt border 34° N 25° 09′ E 34° N 34° 13′ E Egypt-Gaza Strip border |
|
27 |
Coast line Egypt-Gaza Strip border 34° N 34° 13′ E 34° N 35° E 35° 47′ N 35° E Turkey-Syria border |
|
28 |
|
|
29 |
|
|
30 |
|
ANNEX II
Port state inspection procedures for vessels
1. Vessel identification
Port inspectors shall:
(a) verify that the official documentation on board is valid, if necessary, through appropriate contacts with the flag State or international records of vessels;
(b) where necessary, arrange for an official translation of the documentation;
(c) verify that the vessel’s name, flag, any external identification number and markings (and International Maritime Organization (IMO) ship identification number when available) and the international radio call sign are correct;
(d) as far as possible, examine whether the vessel has changed name and/or flag and, if so, note the previous name(s) and flag(s);
(e) note the port of registration, name and address of the owner (and operator and beneficial owner if different from the owner), agent, and master of the vessel, including the unique ID for company and registered owner if available; and
(f) note the names and addresses of previous owners, if any, during the past 5 years.
2. Authorisations
Port inspectors shall verify that authorisations to fish or transport fish and fishery products are compatible with the information obtained under point 1 and examine the duration of the authorisations and their application to areas, species and fishing gear.
3. Other documentation
Port inspectors shall review all relevant documentation, including documents in electronic format. Relevant documentation may include logbooks, in particular the fishing logbook, as well as the crew list, stowage plans and drawings or descriptions of fish holds if available. Such holds or areas may be inspected in order to verify whether their size and composition correspond to these drawings or descriptions and whether the stowage is in accordance with the stowage plans. Where appropriate, this documentation shall also include catch documents or trade documents issued by any regional fisheries management organisation.
4. Fishing gear
(a) Port inspectors shall verify that the fishing gear on board is in conformity with the conditions of the authorisations. The gear may also be checked to ensure that features such as, inter alia, the mesh sizes (and possible devices), length of nets and hook sizes conform with applicable regulations and that identification marks of the gear correspond to those authorised for the vessel.
(b) Port inspectors may also search the vessel for any fishing gear stowed out of sight and for fishing gear that is otherwise illegal.
5. Fish and fishery products
(a) Port inspectors shall, to the greatest extent possible, examine whether the fish and fishery products on board were harvested in accordance with the conditions set out in the applicable authorisations. In doing so, port inspectors shall examine the fishing logbook and reports submitted, including those transmitted by a vessel monitoring system (VMS), as appropriate.
(b) In order to determine the quantities and species on board, port inspectors may examine the fish in the hold or during the landing. In doing so, port inspectors may open cartons where the fish has been pre-packed and move the fish or cartons to ascertain the integrity of fish holds.
(c) If the vessel is unloading, port inspectors may verify the species and quantities landed. Such verification may include product type, live weight (quantities determined from the logbook) and the conversion factor used for calculating processed weight to live weight. Port inspectors may also examine any possible quantities retained on board.
(d) Port inspectors may review the quantity and composition of all catch on board, including by sampling.
6. Verification of IUU fishing
Article 11 of Regulation (EC) No 1005/2008 applies.
7. Report
A written report shall be prepared and signed by the inspector on completion of the inspection and a copy provided to the master of the vessel.
8. Results of port state inspections
Results of port state inspections shall include at least the following information:
(1) Inspection references
— inspecting authority (name of inspecting authority or the alternate body nominated by the authority),
— name of inspector,
— date and time of inspection,
— port of inspection (place where the vessel is inspected), and
— date (date the report is completed).
(2) Vessel identification
— name of the vessel,
— type of vessel,
— type of gear,
— external identification number (side number of the vessel) and IMO-number (if available) or other number as appropriate,
— International Radio Call Sign,
— MMS I-number (Maritime Mobile Service Identity number), if available,
— Flag State (the State where the vessel is registered),
— previous names and flags, if any,
— home port (the port of registration of the vessel) and previous home ports,
— vessel owner (name, address, contact),
— vessel beneficial owner if different from the vessel owner (name, address, contact),
— vessel operator responsible for using the vessel if different from the vessel owner (name, address, contact),
— vessel agent (name, address, contact),
— names and addresses of previous owners, if any,
— name, nationality and maritime qualifications of master and fishing master, and
— crew list.
(3) Fishing authorisation (licences/permits)
— the vessels’ authorisations to fish or transport fish and fish products,
— states issuing the authorisations,
— terms of the authorisations, including areas and duration,
— relevant regional fisheries management organisation,
— areas, scope and duration of the authorisations,
— details of allocation authorised — quota, fishing effort or other,
— species, by-catch and fishing gear authorised, and
— transhipment records and documents (where applicable).
(4) Fishing trip information
— date, time, zone and place current fishing trip commenced,
— areas visited (entry and exit from different areas),
— transhipment activities at sea (date, species, place, quantity of fish transhipped),
— last port visited,
— date and time when current fishing trip ended, and
— intended next port of call, as appropriate.
(5) Result of the inspection on the catch
— start and end of discharge (times and date),
— fish species,
— product type,
— live weight (quantities determined from the logbook),
— relevant conversion factor,
— processed weight (quantities landed by species and presentation),
— equivalent live weight (quantities landed in equivalent live weight, as ‘product weight multiplied with the conversion factor’),
— intended destination of fish and fishery products inspected, and
— quantity and species of fish retained on board, if any.
(6) Results of gear inspection
— details of gear types.
(7) Conclusions
— Conclusions of the inspection including identification of the violations believed to have been committed and reference to the relevant rules and measures. Such evidence shall be attached to the inspection report.
ANNEX III
(A) GFCM/SAC Fleet Segmentation
|
Groups |
< 6 metres |
6-12 metres |
12-24 metres |
More than 24 metres |
|
1. Polyvalent small-scale vessels without engine |
A |
|
|
|
|
2. Polyvalent small-scale vessels with engine |
B |
C |
|
|
|
3. Trawlers |
|
D |
E |
F |
|
4. Purse seiners |
|
G |
H |
|
|
5. Longliners |
|
I |
||
|
6. Pelagic Trawlers |
|
J |
||
|
7. Tuna seiners |
|
|
K |
|
|
8. Dredgers |
|
L |
|
|
|
9. Polyvalent vessels |
|
|
M |
|
Description of segments
|
A |
Polyvalent small-scale vessels without engine — All vessels less than 12 metres in length (LOA) without an engine (wind or propulsion). |
|
B |
Polyvalent small-scale vessels with engine less than 6 m — All vessels under 6 metres in length (LOA) with engine. |
|
C |
Polyvalent small-scale vessels with engine between 6 and 12 metres — All vessels between 6 and 12 metres in length (LOA) with engine, that use different gears during the year without clear predominance of one of them or that use a gear not considered in this classification. |
|
D |
Trawlers less than 12 m — All vessels less than 12 metres in length (LOA) allocating more than 50 percent of their effort operating with a demersal trawl. |
|
E |
Trawlers between 12 and 24 m — All vessels, between 12 and 24 metres in length (LOA) allocating more than 50 percent of their effort operating with a demersal trawl. |
|
F |
Trawlers longer than 24 m — All vessels over 24 metres in length (LOA), allocating more than 50 percent of their effort operating with a demersal trawl. |
|
G |
Purse Seiners between 6 and 12 m — All vessels between 6 and 12 m in length (LOA), allocating more than 50 percent of their effort operating with a purse seine. |
|
H |
Purse Seiners longer than 12 m — All vessels over 12 m in length (LOA), allocating more than 50 percent of their effort operating with a purse seine, excluding those using a tuna seine during any time of the year. |
|
I |
Longliners longer than 6 m — All vessels over 6 m in length (LOA), allocating more than 50 percent of their effort operating with a longline. |
|
J |
Pelagic Trawlers longer than 6 m — All vessels over 6 m in length (LOA), allocating more than 50 percent of their effort operating with a pelagic trawl. |
|
K |
Tuna seiners — All vessels operating with a Tuna Seine for any length of time during the year. |
|
L |
Dredgers longer than 6 m — All vessels over 6 m in length (LOA), allocating more than 50 percent of their effort operating with a dredge. |
|
M |
Polyvalent vessels longer than 12 m — All vessels over 12 metres in length (LOA), that use different gears during the year without clear predominance of one of them or that use a gear not considered in this classification. |
Note: All the cells are open for collecting information. The cells left blank in the above table are considered as unlikely to have a significant population. However, if necessary, it is advisable to merge the information of a ‘blank cell’ with the most appropriate neighbouring ‘grey cell’.
(B) Table on measurement of nominal fishing effort
|
Gear |
Number and dimension |
Capacity |
Activity |
Nominal Effort (1) |
|
Dredge (for molluscs) |
Open mouth, width of mouth |
GT |
Time fishing |
Dredged bottom surface (2) |
|
Trawl (including dredges for flatfishes) |
Type of trawl (pelagic, bottom) GT and/or GRT Engine power Mesh size Size of the net (width of mouth) Speed |
GT |
Time Fishing |
GT × days GT × hours kW × days |
|
Purse seine |
Length and drop of the net GT Light power Number of small boats |
GT Length and drop of the net |
Search time Set |
GT × Fishing sets Length of the net × fishing sets |
|
Nets |
Type of net (e.g. trammel net, gillnets, etc.) Net length (used in regulations) GT Net surface Mesh size |
Net length and drop |
Time fishing |
Net length × days Surface × days |
|
Long lines |
Number of hooks GT Number of longline Characteristics of hooks Bait |
Number of hooks Number of longline unit |
Time fishing |
Number of hooks × hours Number of hooks × days Number of longline units × days/hours |
|
Traps |
GT |
Number of traps |
Time fishing |
Number of traps × days |
|
Purse seine/FADs |
Number of FADs |
Number of FADs |
Number of trips |
Number of FADs × Number of trips |
|
(1) The effort measures that do not include a time activity should be referred to a period of time (i.e. by year). (2) Should be referred to a particular area (indicating the surface) to estimate fishing intensity (effort/km2) and to relate the effort to exploited communities. |
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(C) GFCM Task 1 — Operational Units
( 1 ) OJ C 354, 28.12.2010, p. 71.
( 2 ) Position of the European Parliament of 8 March 2011 (not yet published in the Official Journal) and position of the Council at first reading of 20 October 2011. Position of the European Parliament of 13 December 2011.
( 3 ) OJ L 190, 4.7.1998, p. 34.
( 4 ) OJ L 409, 30.12.2006, p. 11; as replaced by corrigendum, OJ L 36, 8.2.2007, p. 6.
( 5 ) OJ L 286, 29.10.2008, p. 1.
( 6 ) OJ L 55, 28.2.2011, p. 13.
( 7 ) OJ L 358, 31.12.2002, p. 59.
( 8 ) OJ L 5, 9.1.2004, p. 25.
( 9 ) OJ L 343, 22.12.2009, p. 1.
( 10 ) OJ L 60, 5.3.2008, p. 1.
( 11 ) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
( 12 ) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
( 13 ) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
( 14 ) Council Regulation (EC) No 1185/2003 of 26 June 2003 on the removal of fins of sharks on board vessels (OJ L 167, 4.7.2003, p. 1).
( 15 ) OJ L 322, 14.12.1999, p. 3.
( 16 ) OJ L 179, 23.6.1998, p. 3.