Article 1Amendments to Regulation (EU) No 1343/2011Regulation (EU) No 1343/2011 is amended as follows:(1)the following Article is inserted:

"Article 15aUse of trawl nets and gill-nets fisheries in the Black Sea1.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.";

(2)in Title II, the following chapters are added:"CHAPTER IVConservation and sustainable exploitation of red coral

Article 16aScopeThis 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/EECCouncil 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)..

Article 16bMinimum depth for harvesting1.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 CouncilRegulation (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). 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 16cMinimum basal diameter of colonies1.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 16dGear and devices1.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 VReduction of the impact of fishing activities on certain marine species

Article 16eScopeThis 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 CouncilDirective 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)., and to Council Regulation (EC) No 1185/2003Council 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)..

Article 16fIncidental catches of seabirds in fishing gears1.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 16gIncidental catches of sea turtles in fishing gears1.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 16hIncidental 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 16iIncidental catches of cetaceansFishing 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 16jProtected sharks and rays1.Shark and ray species which are included in Annex II to the Protocol concerning specially protected areas and biological diversity in the MediterraneanOJ L 322, 14.12.1999, p. 3."; ("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 16kIdentification of sharksBeheading 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 VIMeasures for fisheries for small pelagic stocks in the Adriatic Sea

Article 16lManagement of fishing capacity1.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.

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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).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).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).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).OJ L 322, 14.12.1999, p. 3.";(3)in Title III, the following chapter is inserted:"CHAPTER IaRecording obligations

Article 17aHarvesting of red coralFishing 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 17bIncidental catches of certain marine species1.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, andwhether 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), andwhether 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.";

(4)the following Articles are inserted:

"Article 23aReporting of relevant data to the Commission1.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 23bControl, monitoring and surveillance of fisheries for small pelagic stocks in the Adriatic Sea1.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.";

(5)Article 27 is amended as follows:(a)the words "Article 26" are replaced by words "Articles 16b, 16c and 26", with any necessary grammatical changes being made;(b)in the first sentence of paragraph 2, the date "19 January 2012" is replaced by the date "28 November 2015".

Article 2Entry into forceThis Regulation shall enter into force on the third 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 Strasbourg, 28 October 2015.For the European ParliamentThe PresidentM. SchulzFor the CouncilThe PresidentN. Schmit

Amendments and corrections
October 31, 2023	Implicitly repealed by 32023R2124
November 28, 2015	Entry into force - Date pub. +3 See Art 2

Regulation (EU) 2015/2102 of the European Parliament and of the Council of 28 October 2015 amending Regulation (EU) No 1343/2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area