REPORT on the proposal for a Council regulation concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea and amending Regulations (EEC) No 2847/93 and (EC) No 973/2001

26.4.2005 - (COM(2003)0589 – C5‑0480/2003 – 2003/0229(CNS)) - *

Committee on Fisheries
Rapporteur: Carmen Fraga Estévez

Amendments

• 027-031 (PDF - 105 KB)
• 027-031 (DOC - 129 KB)
• 032-033 (PDF - 85 KB)
• 032-033 (DOC - 97 KB)
• 034-034 (PDF - 99 KB)
• 034-034 (DOC - 118 KB)
• 035-037 (PDF - 83 KB)
• 035-037 (DOC - 102 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea and amending Regulations (EEC) No 2847/93 and (EC) No 973/2001

(COM(2003)0589 – C5‑0480/2003 – 2003/0229(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2003)0589)[1],

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5‑0480/2003),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries (A6‑0112/2005),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and Commission.          

Text proposed by the Commission	Amendments by Parliament
Amendment 1 RECITAL 6
(6) The management system provided for in this Regulation covers operations relating to the fishing of Mediterranean stocks carried out by Community vessels whether in Community waters or in international waters, by third country vessels in Member States fishing zones or by citizens of the Union in the Mediterranean High Sea.	(6) The management system provided for in this Regulation covers operations relating to the fishing of Mediterranean stocks carried out by Community vessels whether in Community waters or in international waters, by third country vessels in Member States fishing zones or by Union vessels in the Mediterranean High Sea.
Justification
This proposal for a regulation should be concerned with the management of vessels, not with the activities of citizens outside the Union.

Amendment 2

RECITAL 23

(23) Since Community fisheries account for more than 75% of the catches of the swordfish in the Mediterranean Sea, it is appropriate to amend Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species in order to establish a Community minimum landing size, as well as longline specifications to match this limit and a four-month longlines fishing ban to protect juveniles of swordfish.

(23) Since Community fisheries account for more than 75% of the catches of the swordfish in the Mediterranean Sea, it is appropriate to lay down management measures. In order to ensure that these measures are effective, the technical measures for the conservation of certain stocks of highly migratory species should emanate from the competent regional fisheries organisations. Accordingly, the Commission should submit to the GFCM and the International Commission for the Conservation of Atlantic Tuna (ICCAT), as quickly as possible, suitable proposals in order to establish a minimum landing size in Mediterranean fisheries, as well as specifications which will enable longliners to match this limit. The absence of an agreement within a specified period of time will not prevent the EU from imposing measures to this effect until a definitive agreement is reached on multilateral bases.

Justification

Given the specific characteristics of highly migratory species, measures relating to such species should be laid down within the regional fisheries organisations, in this case ICCAT and the GFCM. Such rules would apply both to EU Member States and the remaining Mediterranean coastal states, thus avoiding discrimination among fishermen.

Amendment 3 ARTICLE 1, PARAGRAPH 1, POINT (A) (II)
(ii) by Community fishing vessels in the Mediterranean Sea outside the waters referred to in (i);	(ii) by Community fishing vessels in the Mediterranean Sea outside the waters referred to in (i); and
Justification
Grammatical amendment resulting from the deletion of point (iii).
Amendment 4 ARTICLE 1, PARAGRAPH 1, POINT (A) (III)
(iii) by nationals of Member States, without prejudice to the primary responsibility of the flag State, in the Mediterranean Sea, outside the waters referred to in (i); and	deleted
Justification
As explained in the justification to Amendment 1, the scope of the Regulation must be confined to the activities of vessels, and it must not seek to regulate the activities of Community citizens outside the EU.
Amendment 5 ARTICLE 2, PARAGRAPH 16 A (new)
	(16 a) “trap” means fishing gear which is fixed to the bottom and which acts as a trap to catch marine species. It is constructed in the form of a basket, barrel or cage, and in the majority of cases it comprises a rigid or semi-rigid frame covered with netting. It has one or more funnels or mouths with smooth ends which allow species to enter the internal chamber. It is fixed using a device known as a troll or trolling line, in which each element is linked at regular intervals to a mother line.
Justification
Given that Annex II to the proposal regulates their use, traps should be defined along with the other types of gear.
Amendment 6 ARTICLE 4
Fishing with trawl nets, dredges, traps, purse seines, boat seines, shore seines or similar nets above beds of seagrass (Posidonia oceanica) or other marine phanerogams shall be prohibited.	Fishing with trawl nets, dredges, traps, purse seines, boat seines, shore seines or similar nets above beds of seagrass (Posidonia oceanica) or other marine phanerogams, coral and maerl beds shall be prohibited.
Justification
To ensure fuller protection for areas which provide a habitat for slow-growing species which are as a rule particularly ecologically sensitive, and to set aside areas which are still little exploited or not exploited at all as a precautionary measure.
Amendment 7 ARTICLE 4, PARAGRAPH 1 A (new)
	1a. The use of towed nets at depths of over 1000 metres shall likewise be prohibited.
Justification
To ensure fuller protection for areas which provide a habitat for slow-growing species which are as a rule particularly ecologically sensitive, and to set aside areas which are still little exploited or not exploited at all as a precautionary measure.
Amendment 8 ARTICLE 5, PARAGRAPH 2
2. On the basis of such information, as well as any other relevant information for the same purpose, the Council shall designate, before 31 December 2004, protected areas occurring, in particular, totally or partially beyond the territorial seas of Member States, including the types of fishing activities banned or authorised in such areas.	2. On the basis of such information, as well as any other relevant information for the same purpose, the Council shall designate, before 31 December 2005, protected areas occurring, in particular, totally or partially beyond the territorial seas of Member States, including the types of fishing activities banned or authorised in such areas.
Justification
To update the years given in the proposal.
Amendment 9 ARTICLE 6, PARAGRAPH 1
1. Member States shall designate, before 31 December 2004, further protected areas within their territorial waters in which fishing activities may be banned or restricted in order to conserve and manage living aquatic resources or maintain or improve the conservation status of marine eco-systems. The competent authorities of the Member States concerned shall decide on the fishing gears that may be used in those protected areas, as well as the appropriate technical rules which shall not be less stringent than Community legislation.	1. Member States shall designate, before 31 December 2005 further protected areas within their territorial waters in which fishing activities may be banned or restricted in order to conserve and manage living aquatic resources or maintain or improve the conservation status of marine eco-systems. The competent authorities of the Member States concerned shall decide on the fishing gears that may be used in those protected areas, as well as the appropriate technical rules which shall not be less stringent than Community legislation.
Justification
To update the years given in the proposal.
Amendment 10 ARTICLE 7
The following shall not be used for fishing or kept on board:	1. The following shall not be used for fishing or kept on board:
(a) toxic, soporific or corrosive substances,	(a) toxic, soporific or corrosive substances,
(b) electric shock generators,	(b) electric shock generators,
(c) explosives,	(c) explosives,
(d) substances that can explode if mixed,	(d) substances that can explode if mixed,
(e) towed devices for harvesting red coral,	(e) towed devices for harvesting red coral,
(f) pneumatic hammers or other percussive instruments for the collection of species dwelling in rocks.	(f) pneumatic hammers or other percussive instruments for the collection of species dwelling in rocks.
	2. Bottom-set nets and anchored floating nets shall not be used to catch the following species: Albacore (Thunnus alalunga), Bluefin tuna (Thunnus thynnus), Swordfish (Xiphias gladius), Ray’s bream (Brama brama), Sharks (Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae).
Justification
This provision has been added to ensure that the Regulation cannot be circumvented through the introduction of gears that may in practice resemble drift nets, which are banned for catching large pelagic species.

Amendment 11

ARTICLE 8, PARAGRAPHS 1 to 4

1. The use for fishing and the keeping on board of a towed net, an encircling net or a gillnet for targeting red sea bream shall be prohibited, unless the mesh size in that part of the net having the smallest meshes complies with paragraphs 3 to 6.	1. The use for fishing and the keeping on board of a towed net, an encircling net or a gillnet shall be prohibited, unless the mesh size in that part of the net having the smallest meshes complies with paragraphs 3 to 6.
2. The mesh size shall be determined by the procedures specified in Commission Regulation (EC) No 129/2003.	2. The mesh size shall be determined by the procedures specified in Commission Regulation (EC) No 129/2003.
3. For towed nets, other than those referred to in paragraph 4, the minimum mesh size shall be: (1) until 31 December 2005: 40 mm; (2) from 1 January 2006: 50 mm;	3. For towed nets, other than those referred to in paragraph 4, the minimum mesh size shall be: (1) until 31 December 2006: 40 mm; (2) from 1 January 2007, the net referred to in the previous subparagraph shall be replaced by a square-meshed net of 40 mm at the cod-end or, at the duly justified request of the shipowner, by a rhomboid-meshed net of 50 mm. In relation to the previous subparagraph, fishing vessels shall be authorised to use and keep on board only one of the two types of net and shall opt either for the square-meshed net of 40 mm at the cod-end or for a rhomboid-meshed net of 50 mm.
(3) from 1 January 2009: 60 mm.	The Commission shall submit a report on the implementation of this paragraph to the European Parliament and the Council by 30 June 2010, on the basis of which it shall propose due adjustments where appropriate.
4. For pelagic trawl nets targeting sardine and anchovy, where these species account for at least 85% of the catch in live weight after sorting, the minimum mesh size shall be 20 mm.	4. For pelagic trawl nets targeting sardine and anchovy, where these species account for at least 80% of the catch in live weight after sorting, the minimum mesh size shall be 20 mm.

Justification

The reference to red sea bream in paragraph 1 is unnecessary, given that a minimum mesh size has already been set for this species.

Amendment 12 ARTICLE 9, PARAGRAPH 1
1. The use for fishing and the keeping on board of any longlines with hooks of a total length less than 5 cm and of a width less than 2.5 cm shall be prohibited for any fishing vessel using longlines and landing or having on board a quantity of red sea-bream (Pagellus bogaraveo) that constitutes more than 20 % of the catch in live weight after sorting.	1. The use for fishing and the keeping on board of any longlines with hooks of a total length less than 3.95 cm and of a width less than 1.65 cm shall be prohibited for any fishing vessel using longlines and landing or having on board a quantity of red sea-bream (Pagellus bogaraveo) that constitutes more than 20 % of the catch in live weight after sorting.
Justification
The hook proposed in the amendment is the only one with a scientific justification on the basis of the selectivity experiments that have been carried out and its relationship with the mature size of the species. Reports have also recommended this type of hook in the case of the recovery plan for red sea-bream in the Strait of Gibraltar, which includes part of the Mediterranean, and these reports have not been corrected by any subsequent scientific report.
Amendment 13 ARTICLE 12
1. The use of towed gears shall be prohibited within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast. By way of derogation from the first subparagraph, the use of hydraulic dredges shall be authorised between 1.5 and 3 nautical miles irrespective of the depth provided that the catch of species other than shellfish does not exceed 10 % of the total live weight of the catch.	1. The use of towed gears shall be prohibited within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast. By way of derogation from the first subparagraph, the use of hydraulic dredges shall be authorised between 0.5 and 3 nautical miles irrespective of the depth provided that the catch of species other than shellfish does not exceed 10 % of the total live weight of the catch.
2. The use of trawl nets and hydraulic dredges shall be prohibited within 1.5 nautical miles of the coast.	2. The use of trawl nets shall be prohibited within 1.5 nautical miles of the coast and the use of hydraulic dredges shall be prohibited within 0.5 nautical miles of the coast.
3. The use of purse seines shall be prohibited within 0.5 nautical miles of the coast or within the 50 metres isobath where that depth is reached at a shorter distance from the coast.	3. The use of purse seines shall be prohibited within 300 metres of the coast or within the 50 metres isobath where that depth is reached at a shorter distance from the coast.
4. The use of towed gears, purse seines and other encircling nets shall be prohibited within 1 nautical mile from the borders of protected areas established in accordance with Articles 5 and 6.
5. At the request of a Member State, the Commission may allow a derogation from paragraphs 1 and 3 on a local basis where such derogation is justified by particular geographical constraints or where the fisheries concerned are highly selective and have a negligible effect on the marine environment and provided that those fisheries are concerned by a management plan as referred to in Article 17. Member States shall provide up to date scientific and technical justifications for such a derogation.	5. At the request of a Member State, the Commission may allow a derogation from paragraphs 1 and 3 on a local basis where such derogation is justified by particular geographical constraints, such as the size of coastal platforms, where the fisheries concerned are highly selective, have a negligible effect on the marine environment and affect a small number of vessels, and provided that those fisheries are concerned by a management plan as referred to in Article 17. Member States shall provide up to date scientific and technical justifications for such a derogation.
	Nevertheless, any fishing gear used at a shorter distance from the coast than that laid down in paragraphs 1 and 2 and utilised in accordance with the Community legislation in force laid down in Regulation (EC) No 1626/94 as amended by Regulation (EC) No 2550/2000, including the derogations provided, may be used until 31 December 2006, unless the Council decides otherwise, acting by a qualified majority on a proposal from the Commission and in the light of scientific evidence.
Justification
A minimum distance from the coast should be proposed for trawl nets in order to protect coral beds and smaller-scale coastal fishing. However, that distance should be reduced for hydraulic dredges precisely because of their local and artisanal nature. The reference to Article 17 already allows derogations to be requested within the framework of management plans. However, it would be appropriate to regulate fishing activities until those plans are approved, and the current legislation should therefore be maintained.
Amendment 14 ARTICLE 14, PARAGRAPH 1
1. By way of derogation from Article 13 undersized marine organisms may be caught, retained on board, transhipped, landed, transferred, stored, sold, displayed or offered for sale for the purpose of artificial restocking or transplantation with the permission and under the authority of the Member State where those activities take place.	1. By way of derogation from Article 13 undersized marine organisms may be caught, retained on board, transhipped, landed, transferred, stored, sold, displayed or offered for sale live for the purpose of artificial restocking or transplantation with the permission and under the authority of the Member State where those activities take place.
Justification
Fishing for juveniles for restocking or farming purposes should be regulated by special management plans drawn up by the Member States.
Amendment 15 ARTICLE 14, PARAGRAPH 3A (new)
	3a. The introduction and transplantation of and restocking with non-indigenous species shall be prohibited.
Justification
To protect Mediterranean waters from the possible harmful effects of the introduction of new non-indigenous species, for which there are a number of serious precedents.
Amendment 16 ARTICLE 15, PARAGRAPH 1
1. The use of towed nets, encircling nets, purse seines, dredges, gillnets, trammel nets, and longlines for highly migratory species shall be prohibited for leisure fisheries.	1. The use of towed nets, encircling nets, purse seines, dredges, gillnets, trammel nets, bottom-set longlines and longlines for highly migratory species shall be prohibited for leisure fisheries.
Justification
It seems right to complete the list with bottom-set longlines, which must be restricted to professional fishing.
Amendment 17 ARTICLE 15, PARAGRAPH 3, SUBPARAGRAPH 1A
	Nevertheless, by way of exception, the marketing of species caught in competition may be authorised provided that the profits from their sale are used for charitable purposes.
Justification
To prevent possible hidden trading and profit-making from leisure fisheries and at the same time to guarantee health inspection.
Amendment 18 ARTICLE 17, PARAGRAPH 1
1. Member States shall adopt, by 31 December 2004, management plans for fisheries conducted by boat seines, shore seines, encircling nets and dredges within their territorial waters. Article 6(2), (3) and (4) first subparagraph of Regulation (EC) No 2371/2002 shall apply to those management plans.	1. Member States shall adopt, by 31 December 2005, management plans for fisheries conducted by boat seines, shore seines, encircling nets and dredges within their territorial waters. Article 6(2), (3) and (4) first subparagraph of Regulation (EC) No 2371/2002 shall apply to those management plans.
Justification
To update the years given in the proposal in line with Amendment 8.
Amendment 19 ARTICLE 17, PARAGRAPH 5, POINT D A (new)
	(da) financial support in the event of biological rest periods.
Justification
Biological rest periods have proved to be a sound management measure partly because they are accepted by the industry. However, the necessary funding is needed and this will have to be taken into account in the future EFF.
Amendment 20 ARTICLE 22 Article 4a (Regulation (EC) No 973/2001)
Article 22 Restriction on the use of certain types of vessels and gears	deleted
In Regulation (EC) No 973/2001 the following Article 4 a is inserted:
'Article 4a
1. Bottom-set nets and anchored floating nets shall not be used in the Mediterranean Sea to catch the following species: Albacore (Thunnus alalunga), Bluefin tuna (Thunnus thynnus), Swordfish (Xiphias gladius), Ray’s bream (Brama brama), Sharks (Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae).
2. The use for fishing and the keeping on board in the Mediterranean Sea of any longlines with hooks of a total length less than 10 cm and of a width less than 4.5 cm shall be prohibited for any fishing vessel using longlines and landing or having on board a quantity of swordfish (Xiphias gladius) that constitutes more than 20 % of the catch in live weight after sorting.
3. Fishing with pelagic longlines for any of the following species, Albacore (Thunnus alalunga), Bluefin tuna (Thunnus thynnus), Swordfish (Xiphias gladius) and sharks (Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae), shall be prohibited in the Mediterranean Sea from 1 October to 31 January each year.
4. For the purposes of paragraph 2:
(a) the total length of hooks shall be measured as the maximum overall length of the shank from the tip of the hook which serves for fastening the line and is usually shaped as an eye, to the apex of the bend;
(b) the width of hooks shall be measured as the greatest horizontal distance from the external part of the shank to the external part of the barb.'
Justification
Given the specific characteristics of highly migratory species, measures relating to those species should be laid down within the regional fisheries organisations, i.e., in the case of the Mediterranean, the GFCM and ICCAT. Such measures will be binding on both EU Member States and the remaining coastal states, thereby avoiding discrimination among fishermen.
Amendment 21 ARTICLE 23 Annex IV, entry concerning swordfish (Regulation (EC) No 973/2001)
Article 23 Minimum size	deleted
In Annex IV to Regulation (EC) No 973/2001 the entry concerning swordfish is replaced by the following :
swordfish (Xiphias gladius) in the Atlantic Ocean: 25 kg or 125 cm (lower mandible);
swordfish (Xiphias gladius) in the Mediterranean Sea: 110 cm (lower mandible) or 16 kg round weight (weight of the whole fish before processing or removal of any part) or 14 kg gilled and gutted weight (weight after the gills and guts have been removed) (1)
(1) Tolerance of 15% as referred to in Article 7(1) second subparagraph shall not apply to the swordfish in the Mediterranean.
Justification
Same as Amendment 20.
Amendment 22 ARTICLE 23 A (new)
	Article 23 a The Council shall decide, on a proposal from the Commission, on technical measures for the protection of juvenile swordfish in the Mediterranean before 31 March 2006.
Justification
To avoid a lengthy absence of technical measures for the protection of juvenile swordfish in the event that there is no agreement within ICCAT or the GFCM.
Amendment 23 ANNEX II, SECTION 1
The maximum breadth of dredges shall be 4 m, except in the case of dredges for sponge fishing (gagava).	The maximum breadth of dredges shall be 3 m, except in the case of dredges for sponge fishing (gagava).
Justification
There appears to be a degree of consensus that the measure proposed by the Commission is excessive. Three metres appears more appropriate.
Amendment 24 ANNEX II, SECTION 3, INDENT 3
- It shall be prohibited to have on board and set more than 5000 m of trammel net, bottom-set gillnet or anchored floating gillnet per vessel.	- It shall be prohibited to have on board and set more than 6000 m of trammel net, bottom-set gillnet or anchored floating gillnet per vessel, taking into account that, in the case of a single fisherman, such nets may not exceed 2500 metres, to which a further 2000 metres may be added for a second fisherman and another 1500 metres for a third.
Justification
It emerged from all the talks held with the industry that the majority of the industry is in favour of a more flexible rule such as that proposed in the amendment, which will also provide additional safety guarantees where there are only one or two crew members on board.
Amendment 25 ANNEX II, SECTIONS 6, 7 and 8
6. Bottom-set longline 6. Bottom-set longline It shall be prohibited to have on board and set more than 7000 m of longline per vessel. It shall be prohibited to have on board and set more than 3000 hooks per vessel. 7. Pots lines for deep-water crustacean fishery 7. Pots lines for deep-water crustacean fishery It shall be prohibited to have on board and set more than 5 km of pot lines. It shall be prohibited to have on board and set more than 5 km of pot lines. 8. Surface-set longline (floating) 8. Surface-set longline (floating) It shall be prohibited to have on board and set more than 60 km of longline per vessel. It shall be prohibited to have on board and set more than:   - 2000 hooks per vessel for vessels catching bluefin tuna (Thunnus thynnus);   - 3500 hooks for vessels catching swordfish (Xyphias gladius);   - 5000 hooks per vessel for vessels catching albacore (Thunnus alalunga).
Justification
Broad sectors of the industry have come out in favour of regulating longlining on the basis of the number of hooks rather than the length of the gear. The scientific bodies consulted also take the view that regulation on this basis may be more appropriate for the species mentioned.

Amendment 26

ANNEX III, POINTS 1, 2 and 3

1. Fishes		1. Fishes
Dicentrarchus labrax	25 cm	Dicentrarchus labrax	25 cm
Diplodus annularis	12 cm	Diplodus annularis	12 cm
Diplodus puntazzo	18 cm	Diplodus puntazzo	18 cm
Diplodus sargus	23 cm	Diplodus sargus	23 cm
Diplodus vulgaris	18 cm	Diplodus vulgaris	18 cm
Engraulis encrasicolus *	11 cm	Engraulis encrasicolus *	9 cm
Epinephelus spp.	45 cm	Epinephelus spp.	45 cm
Lithognathus mormyrus	20 cm	Lithognathus mormyrus	20 cm
Merluccius merluccius	15 cm	Merluccius merluccius	20 cm
(until 31 December 2008)		Nevertheless, until 31 December 2006 a margin of tolerance of 15% of weight will be permitted for hake between 15 and 20 cm.
20 cm (from 1 January 2009)		This tolerance limit shall be complied with by both individual vessels, at sea or at the place of landing, and at the markets of first sale after landing. This limit shall also be complied with in any subsequent commercial transaction at national and international level.
Mullus spp.	11 cm	Mullus spp.	11 cm
Pagellus acarne	17 cm	Pagellus acarne	17 cm
Pagellus bogaraveo	33 cm	Pagellus bogaraveo	33 cm
Pagellus erythrinus	15 cm	Pagellus erythrinus	15 cm
Pagrus pagrus	18 cm	Pagrus pagrus	18 cm
Polyprion americanus	45 cm	Polyprion americanus	45 cm
Sardina pilchardus**	13 cm	Sardina pilchardus**	11 cm
Scomber japonicus	18 cm	Scomber japonicus	18 cm
Scomber scombrus	18 cm	Scomber scombrus	18 cm
Solea vulgaris	25 cm	Solea vulgaris	20 cm
Sparus aurata	20 cm	Sparus aurata	20 cm
Trachurus spp.	15 cm	Trachurus spp.	15 cm
2. Crustaceans		2. Crustaceans
Homarus gammarus	30 cm TL	Homarus gammarus	30 cm TL
Nephrops norvegicus	20 mm CL	Nephrops norvegicus	20 mm CL
	70 mm TL		70 mm TL
Palinuridae	105 mm CL	Palinuridae	90 mm CL
Parapenaeus longirostris	20 mm CL	Parapenaeus longirostris	20 mm CL
3. Mollusc bivalves		3. Mollusc bivalves
Pecten jacobeus	11 cm	Pecten jacobeus	10 cm
		Venerupis spp.	25 mm
		Venus spp.	25 mm

Justification

In the case of hake, the proposal clearly runs counter to any reasonable stock protection policy. Nevertheless, given that the current size does not correspond to the 40 mm mesh-size, a margin of tolerance should be allowed until square-meshed nets are introduced.

With regard to sardines, the size is based on a recommendation by the GFCM, which does not however propose a minimum size. Given that there is therefore a margin for setting this size, and bearing in mind the control problems which have arisen up to now owing to the fact that a minimum size has been laid down for the Atlantic but not for the Mediterranean, it would not be consistent to reintroduce a differentiation, particularly when the size would be larger in the Mediterranean.

The size set for lobster is not the size at which sexual maturity is reached but the size at which the maximum number of eggs are produced. This appears rather extreme, particularly bearing in mind that it is the first of these criteria which is generally used to set sizes.

Two species which have hitherto been regulated have been added to the mollusc bivalves category. The industry has not only adjusted extremely well to their regulation but is calling for it to be reintroduced in the proposal. With regard to scallops, no sufficient reason has been given for raising the size by 1 cm, and the current size has therefore been retained.

• [1]  Not yet published in OJ.

PROCEDURE

Title	Proposal for a Council regulation concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea and amending Regulations (EEC) No 2847/93 and (EC) No 973/2001
References	COM(2003)0589 – C5‑0480/2003 – 2003/0229(CNS)
Legal basis	Article 37 CE
Basis in Rules of Procedure	Rule 51
Date of consulting Parliament	16.10.2003
Committee responsible         Date announced in plenary	PECH 16.9.2004
Committee(s) asked for opinion(s)         Date announced in plenary	ENVI 16.9.2004
Not delivering opinion(s)         Date of decision	ENVI 1.9.2004
Enhanced cooperation         Date announced in plenary	No
Rapporteurs(s)         Date appointed	Carmen Fraga Estévez 28.7.2004
Previous rapporteurs(s)
Simplified procedure         Date of decision
Legal basis disputed         Date of JURI opinion
Financial endowment amended         Date of BUDG opinion
European Economic and Social Committee consulted         Date of decision in plenary
Committee of the Regions consulted         Date of decision in plenary
Discussed in committee	1.9.2004	22.9.2004		24.11.2004		2.2.2005
Date adopted	12.4.2005
Result of final vote	for: against: abstentions:		20 5 0
Members present for the final vote	Stavros Arnaoutakis, Elspeth Attwooll, Marie-Hélène Aubert, Niels Busk, Giorgio Carollo, David Casa, Carmen Fraga Estévez, Georg Jarzembowski, Heinz Kindermann, Rosa Miguélez Ramos, Philippe Morillon, Sebastiano (Nello) Musumeci, Neil Parish, Willi Piecyk, Bernard Poignant, Catherine Stihler, Margie Sudre, Daniel Varela Suanzes-Carpegna
Substitutes present for the final vote	Giovanni Claudio Fava, Duarte Freitas, Ambroise Guellec, Francesco Musotto, James Nicholson, María Isabel Salinas García, Czesław Adam Siekierski
Substitutes under Rule 178(2) present for the final vote	Giovanni Berlinguer, Patrick Louis
Date tabled – A6	26.4.2005				A6-0112/2005
Comments