HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 347/44
EN
Official Journal of the European Union
30.12.2011
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
resolutions for certain fisheries in the GFCM Agreement
EUROPEAN UNION,
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
Having regard to the Treaty on the Functioning of the European
2005/2, by Article 4(3) and Article 24 of Council Regu
Union, and in particular Article 43(2) thereof,
lation (EC) No 1967/2006 ( 4 ).
Having regard to the proposal from the European Commission,
(6) For
reasons
of
clarity,
simplification
and
legal
certainty,
and since the permanent character of recommendations
requires also a permanent legal instrument for their
Having regard to the opinion of the European Economic and
implementation in Union law, it is appropriate to
Social Committee ( 1 ),
implement these recommendations via a single legislative
act, where future recommendations can be added by way
of amendments to that act.
Acting in accordance with the ordinary legislative procedure ( 2 ),
(7) GFCM
recommendations
apply
to
the
entire
GFCM
Whereas:
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
(1) The
European
Community
acceded
to
the
Agreement
for
reasons of clarity and legal certainty, they should be
the establishment of the General Fisheries Commission
implemented in a single separate Regulation rather than
for the Mediterranean (GFCM Agreement) pursuant to
through amendments to Regulation (EC) No 1967/2006
Council Decision 98/416/EC of 16 June 1998 on the
which covers only the Mediterranean Sea.
accession of the European Community to the General
Fisheries Commission for the Mediterranean ( 3 ) (GFCM).
(8) Certain
provisions
contained
in
Regulation
(EC)
No
1967/2006 should apply not only to the Mediterranean
(2) The
GFCM Agreement provides an appropriate
Sea but to the entire GFCM Agreement area. Those
framework for multilateral cooperation to promote the
provisions should therefore be deleted from Regulation
development, conservation, rational management and
(EC) No 1967/2006 and included in this Regulation. In
best utilisation of living marine resources in the Medi
addition, certain provisions regarding minimum mesh
terranean and the Black Sea at levels which are
size that are laid down in that Regulation should be
considered sustainable and at low risk of collapse.
further clarified.
(3)
The European Union, as well as Bulgaria, Greece, Spain,
(9) The
‘fisheries
restricted
areas’
established
by
GFCM
France, Italy, Cyprus, Malta, Romania and Slovenia are
recommendations for spatial management measures are
contracting parties to the GFCM Agreement.
equivalent to the ‘fishing protected areas’ as used in
Regulation (EC) No 1967/2006.
(4) Recommendations
adopted
by
the
GFCM
are
binding
on
its contracting parties. As the Union is a contracting
(10) At its Annual Session of 23 to 27 March 2009 the
party to the GFCM Agreement, these recommendations
GFCM adopted, on the basis of scientific advice by the
are binding on the Union and should therefore be imple
Scientific Advisory Committee (SAC), contained in the
mented in Union law unless their content is already
report of its 11th session (FAO report No 890), a recom
covered thereby.
mendation 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.
(5)
At its Annual Sessions in 2005, 2006, 2007 and 2008
the GFCM adopted a number of recommendations and
(11) In
Mediterranean
mixed
fisheries,
the
selectivity
of
some
( 1 ) OJ C 354, 28.12.2010, p. 71.
fishing gears cannot be permitted to go beyond a certain
( 2 ) Position of the European Parliament of 8 March 2011 (not yet
level. In addition to the overall control and limitation of
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.
( 4 ) OJ L 409, 30.12.2006, p. 11; as replaced by corrigendum, OJ L 36,
( 3 ) OJ L 190, 4.7.1998, p. 34.
8.2.2007, p. 6.

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EN
30.12.2011 Official
Journal
of
the
European
Union L
347/45
fishing effort, it is fundamental to limit fishing effort in
the implementation in Union law of amendments,
areas where adults of important stocks aggregate, in
which have become binding on the Union, to existing
order to ensure a risk of reproduction impairment that
GFCM measures which have already been implemented
is low enough to allow for their sustainable exploitation.
in Union law, as regards the provision to the Executive
It is therefore advisable, in respect of the area examined
Secretary of the GFCM of information on minimum
by the SAC, first to limit the fishing effort to previous
mesh size in the Black Sea; the transmission to the
levels and then not to allow any increase of that level.
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
(12) The advice upon which management measures are based
Geographical Sub-Areas; port state inspection procedures
should itself be based on the scientific use of relevant
for vessels; and GFCM statistical matrices. It is of
data on fleet capacity and activity, on the biological
particular importance that the Commission carry out
status of exploited resources and on the social and
appropriate consultations during its preparatory work,
economic situation of fisheries. Those data need to be
including at expert level. The Commission, when
collected and submitted in time to allow the subsidiary
preparing and drawing up delegated acts, should ensure
bodies of the GFCM to prepare their advice.
a simultaneous, timely and appropriate transmission of
relevant documents to the European Parliament and to
the Council,
(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 Regu
HAVE ADOPTED THIS REGULATION:
lation (EC) No 1005/2008 of 29 September 2008 estab
lishing a Community system to prevent, deter and
eliminate illegal, unreported and unregulated fishing ( 1 )
covers generally the content of that recommendation
TITLE I
and has been applied since 1 January 2010, there are
GENERAL PROVISIONS
nevertheless some parts thereof, such as the frequency,
the coverage and the procedure for port inspections,
Article 1
which need to be referred to in this Regulation in
order to adapt them to the particularities of the GFCM
Subject matter
Agreement area.
This Regulation lays down the rules for the application by the
Union of the conservation, management, exploitation, moni
toring, marketing and enforcement measures for fishery and
aquaculture products established by the General Fisheries
(14) Implementing powers should be conferred on the
Commission in order to ensure uniform conditions for
Commission for the Mediterranean (GFCM).
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
Article 2
weather in the closed season for dolphinfish fisheries and
Scope
the report on such carrying over; the report in the
context of collecting data on dolphinfish fisheries;
1. This
Regulation
applies
to
all
commercial
fishing
and
information in respect of the use of minimum mesh
aquaculture activities conducted by EU fishing vessels and
size for nets used for trawling activities exploiting
nationals of Member States in the GFCM Agreement area.
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
It shall apply without prejudice to Regulation (EC) No
accordance with Regulation (EU) No 182/2011 of the
1967/2006.
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 (
2. By
way
of
derogation
from
paragraph
1,
this
Regulation

2 ).
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
(15) In order to ensure that the Union continues to fulfil its
whose flag the vessel is flying and of which the Commission
obligations under the GFCM Agreement, the power to
and the Member States in whose waters the research is carried
adopt acts in accordance with Article 290 of the
out have been informed in advance. Member States conducting
Treaty on the Functioning of the European Union
fishing operations for the purpose of scientific investigations
should be delegated to the Commission in respect of
shall inform the Commission, the Member States in whose
waters the research is carried out and the Scientific, Technical
( 1 ) OJ L 286, 29.10.2008, p. 1.
and Economic Committee for Fisheries of all catches from such
( 2 ) OJ L 55, 28.2.2011, p. 13.
fishing operations.

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L 347/46
EN
Official Journal of the European Union
30.12.2011
Article 3
the fisheries restricted area as referred to in Article 4 shall not
exceed the level of fishing effort applied in 2008 by each
Definitions
Member State in that area.
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
Article 6
on the conservation and sustainable exploitation of fisheries
resources under the Common Fisheries Policy ( 1 ) and Article 2
Fishing track record
of Regulation (EC) No 1967/2006, apply:
Member States shall, not later than 16 February 2012, submit
to the Commission in electronic format a list of vessels flying
(a) ‘GFCM Agreement area’ means the Mediterranean and the
their flag that had a track record of fishing during the year
Black Sea and connecting waters, as described in the GFCM
2008 in the area referred to in Article 4 and in GFCM
Agreement;
Geographical Sub-Area 7 as defined in Annex I. That list shall
contain the name of the vessel, its EU Fleet Register number, the
(b) ‘fishing effort’ means the product resulting from multiplying
period for which the vessel was authorised to fish in the area
the capacity of a fishing vessel, expressed either in kW or in
referred to in Article 4 and the number of days spent by each
GT (gross tonnage), by the activity expressed in number of
vessel in the year 2008 in Geographical Sub-Area 7 and more
days at sea;
specifically in the area referred to in Article 4.
(c) ‘day at sea’ means any calendar day on which a vessel is
absent from port, irrespective of the amount of time in the
Article 7
course of that day that that vessel is present in an area;
Authorised vessels
1. Vessels authorised to fish in the area referred to in
(d) ‘EU Fleet Register number’ means the Community Fleet
Article 4 shall be issued with a fishing authorisation by their
Register number defined in Annex I to Commission Regu
Member State in accordance with Article 7 of Council Regu
lation (EC) No 26/2004 of 30 December 2003 on the
lation (EC) No 1224/2009 of 20 November 2009 establishing a
Community fishing fleet register ( 2 ).
Community control system for ensuring compliance with the
rules of the common fisheries policy ( 3 ).
TITLE II
TECHNICAL MEASURES
2. Fishing
vessels
which
do
not
have
records
of
fishing
CHAPTER I
within the area referred to in Article 4 prior to 31 December
Fisheries restricted areas
2008 shall not be authorised to start fishing therein.
S e c t i o n I
F i s h e r i e s r e s t r i c t e d a r e a i n t h e G u l f o f
3. Member
States
shall,
not
later
than
16
February
2012,
L i o n s
communicate to the Commission the national legislation in
force on 31 December 2008 concerning:
Article 4
Establishment of a fisheries restricted area
A fisheries restricted area is established in the eastern Gulf of
(a) the maximum number of hours per day a vessel is
Lions, bounded by lines joining the following geographic coor
permitted to engage in fishing activity;
dinates:
— 42° 40′ N, 4° 20′ E
(b) the maximum number of days per week a vessel is
permitted to stay at sea and be absent from port; and
— 42° 40′ N, 5° 00′ E
(c) the compulsory times for fishing vessels to exit from, and
— 43° 00′ N, 4° 20′ E
return to, their registered port.
— 43° 00′ N, 5° 00′ E.
Article 8
Article 5
Protection of sensitive habitats
Fishing effort
Member States shall ensure that the area referred to in Article 4
For demersal stocks, the fishing effort of vessels using towed
is protected from the impact of any other human activity jeop
nets, bottom- and mid-water longlines and bottom-set nets in
ardising the conservation of the features that characterise that
area as an area of spawners’ aggregation.
( 1 ) OJ L 358, 31.12.2002, p. 59.
( 2 ) OJ L 5, 9.1.2004, p. 25.
( 3 ) OJ L 343, 22.12.2009, p. 1.

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EN
30.12.2011 Official
Journal
of
the
European
Union L
347/47
Article 9
CHAPTER II
Information
Establishment of a closed season for the dolphinfish fisheries
using fish aggregating devices
Before 1 February of each year, Member States shall submit to
the Commission in electronic format a report on the fishing
Article 12
activities carried out in the area referred to in Article 4.
Closed season
The Commission may adopt implementing acts as regards
1. The
common
dolphinfish
(Coryphaena hippurus) fisheries
detailed rules for the format and transmission of the report
using fish aggregating devices (FADs) shall be prohibited from
on such fishing activities. Those implementing acts shall be
1 January to 14 August of each year.
adopted in accordance with the examination procedure
referred to in Article 25(2).
2. By
way
of
derogation
from
paragraph
1,
if
a
Member
S e c t i o n I I
State can demonstrate that, due to bad weather, the fishing
vessels flying its flag were unable to make use of their
F i s h e r i e s r e s t r i c t e d a r e a s i n o r d e r t o
normal fishing days, that Member State may carry over days
p r o t e c t d e e p - s e a s e n s i t i v e h a b i t a t s
lost by its vessels in FAD fisheries until 31 January of the
Article 10
following year. In that case, before the end of the year
Member States shall submit to the Commission an application
Establishment of fisheries restricted areas
in respect of the number of days to be carried over.
Fishing with towed dredges and bottom trawl nets shall be
prohibited in the following areas:
3. Paragraphs 1 and 2 shall also apply in the management
zone referred to in Article 26(1) of Regulation (EC) No
(a) deep-sea fisheries restricted area ‘Lophelia reef off Capo
1967/2006.
Santa Maria di Leuca’ bounded by lines joining the
following coordinates:
4. The
application
referred
to
in
paragraph
2
shall
contain
the following information:
— 39° 27,72′ N, 18° 10,74′ E
— 39° 27,80′ N, 18° 26,68′ E
(a) a report containing the details of the cessation of fishing
activities in question, including appropriate supporting
— 39° 11,16′ N, 18° 32,58′ E
meteorological information;
— 39° 11,16′ N, 18° 04,28′ E;
(b) the name of the vessel and its EU Fleet Register number.
(b) deep-sea fisheries restricted area ‘The Nile delta area cold
hydrocarbon seeps’ bounded by lines joining the following
5. The
Commission
shall
decide
on
applications
of
the
kind
coordinates:
referred to in paragraph 2 within 6 weeks from the date of
receipt of an application and shall inform the Member State in
— 31° 30,00′ N, 33° 10,00′ E
writing of that decision.
— 31° 30,00′ N, 34° 00,00′ E
6. The
Commission
shall
inform
the
Executive
Secretary
of
— 32° 00,00′ N, 34° 00,00′ E
the GFCM of decisions taken pursuant to paragraph 5. Before 1
November of each year, Member States shall send to the
— 32° 00,00′ N, 33° 10,00′ E;
Commission a report on the carrying over of days lost in the
previous year as referred to in paragraph 2.
(c) deep-sea fisheries restricted area ‘The Eratosthenes
Seamount’ bounded by lines joining the following coor
7. The
Commission
may
adopt
implementing
acts
as
regards
dinates:
detailed rules for the format and transmission of the appli
cations referred to in paragraph 4 and of the report on such
— 33° 00,00′ N, 32° 00,00′ E
carrying over referred to in paragraph 6. Those implementing
acts shall be adopted in accordance with the examination
— 33° 00,00′ N, 33° 00,00′ E
procedure referred to in Article 25(2).
— 34° 00,00′ N, 33° 00,00′ E
Article 13
— 34° 00,00′ N, 32° 00,00′ E.
Fishing authorisations
Article 11
Fishing vessels authorised to participate in the common dolp
Protection of sensitive habitats
hinfish fishery shall be granted a fishing authorisation in
accordance with Article 7 of Regulation (EC) No 1224/2009
Member States shall ensure that their competent authorities are
and shall be included in a list containing the name of the vessel
called upon to protect the deep-sea sensitive habitats in the
and its EU Fleet Register number, which the Member State
areas referred to in Article 10 from, in particular, the impact
concerned shall provide to the Commission. Vessels of an
of any other activity jeopardising the conservation of the
overall length of less than 10 metres shall be required to
features that characterise those habitats.
have a fishing authorisation.

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L 347/48
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Official Journal of the European Union
30.12.2011
This requirement shall also apply to the management zone
information referred to in this paragraph. Those implementing
referred to in Article 26(1) of Regulation (EC) No 1967/2006.
acts shall be adopted in accordance with the examination
procedure referred to in Article 25(2).
Article 14
Data collection
4. The
Commission
shall
forward
the
information
referred
to
in paragraph 3 to the Executive Secretary of the GFCM.
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
Article 16
use of data in the fisheries sector and support for scientific
advice regarding the Common Fisheries Policy (
Use of towed dredges and trawl nets fisheries

1 ), Member
States shall set up an appropriate system of collection and
The use of towed dredges and trawl nets fisheries at depths
treatment of fisheries catch and fishing effort data.
beyond 1 000 m shall be prohibited.
2. Member
States
shall
report
to
the
Commission
by
15
TITLE III
January of each year the number of vessels involved in the
fishery, as well as the total landings and transhipments of
CONTROL MEASURES
common dolphinfish carried out in the previous year by the
fishing vessels flying their flag in each Geographical Sub-Area of
CHAPTER I
the GFCM Agreement area as set out in Annex I.
Register of vessels
Article 17
The Commission may adopt implementing acts as regards
detailed rules for the format and transmission of such reports.
Register of authorised vessels
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 25(2).
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
3. The
Commission
shall
forward
the
information
received than 15 metres in overall length flying its flag and registered
from the Member States to the Executive Secretary of the
in its territory that it authorises to fish in the GFCM Agreement
GFCM.
area by issuance of a fishing authorisation.
CHAPTER III
2. The list indicated in paragraph 1 shall include the
Fishing gear
following information:
Article 15
(a) the vessel’s EU Fleet Register number and its external
Minimum mesh size in the Black Sea
marking, as defined in Annex I to Regulation (EC) No
1. The minimum mesh size for nets used for trawling
26/2004;
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.
(b) the period during which fishing and/or transhipment is
authorised;
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
(c) the fishing gears used.
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
3. The
Commission
shall
send
the
updated
list
to
the
nets of 40 mm at the cod-end.
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
3. Member States whose fishing vessels conduct trawling
length authorised to fish in the GFCM Agreement area (GFCM
activities exploiting demersal stocks in the Black Sea shall
register).
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
4.
Any change to be made to the list referred to in paragraph
and that are equipped with a square-meshed net of at least
1 shall be notified to the Commission for transmission to the
40 mm at the cod-end or diamond meshed nets of at least
Executive Secretary of the GFCM, through the accustomed data-
50 mm, as well as the percentage that such vessels represent
processing support, at least 10 working days before the vessel
of the whole national demersal trawl fleet.
begins fishing activity in the GFCM Agreement area.
The Commission may adopt implementing acts as regards
5. EU
fishing
vessels
of
more
than
15
metres
in
overall
detailed rules for the format and transmission of the
length that are not entered on the list referred to in
paragraph 1 shall not fish, retain on board, tranship or land
( 1 ) OJ L 60, 5.3.2008, p. 1.
any type of fish or shellfish within the GFCM Agreement area.

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EN
30.12.2011 Official
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of
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European
Union L
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6. Member
States
shall
take
the
necessary
measures
to
ensure
Article 20
that:
Port inspections
1. Notwithstanding
Article
9(1)
of
Regulation
(EC)
No
(a) only vessels flying their flag that are included in the list
1005/2008, Member States shall carry out inspections in their
referred to in paragraph 1 and that hold on board a
designated ports of at least 15 % of landings and transhipment
fishing authorisation issued by them are permitted, under
operations each year.
the terms of the authorisation, to carry out fishing activities
in the GFCM Agreement area;
2. Notwithstanding
Article
9(2)
of
Regulation
(EC)
No
(b) no fishing authorisation is issued to vessels that have carried
1005/2008, fishing vessels that enter into a Member State’s
out illegal, unregulated and unreported fishing (IUU fishing)
port without prior authorisation shall be inspected in all cases.
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,
Article 21
beneficial or financial interest in, or exercise any control
Inspection procedure
over, their vessels, or that their vessels neither take part in
nor are associated with IUU fishing;
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.
(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
Article 22
being associated with, fishing activities carried out in the
GFCM Agreement area by vessels not on the GFCM register;
Denial of use of port
1. Member
States
shall
not
allow
a
third-country
vessel
to
(d) as far as possible, their national legislation requires owners
use their ports for landing, transhipping or processing fisheries
of vessels flying their flag that are included in the list
products caught in the GFCM Agreement area and shall deny it
referred to in paragraph 1 to be nationals or legal entities
access to port services, including, inter alia, refuelling and re-
within the flag Member State;
supplying services, if the vessel:
(e) their vessels comply with all the relevant GFCM conser
(a) does not comply with the requirements of this Regulation;
vation and management measures.
(b) is included in a list of vessels that have engaged in, or have
7. Member
States
shall
take
the
necessary
measures
to
supported, IUU fishing adopted by a regional fisheries
prohibit fishing, retention on board, transhipment and landing
management organisation; or
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.
(c) does not have a valid authorisation to engage in fishing or
fishing-related activities in the GFCM Agreement area.
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
By way of derogation from the first subparagraph, nothing shall
overall length that are not on the GFCM register are fishing for
prevent Member States from allowing, in situations of force
or transhipping fish and shellfish in the GFCM Agreement area.
majeure or distress within the meaning of Article 18 of the
United Nations Convention on the Law of the Sea ( 1 ), a third-
country vessel from using their ports for services strictly
CHAPTER II
necessary to remedy such situations.
Port state measures
Article 18
2. Paragraph
1
shall
apply
in
addition
to
the
provisions
on
denial of use of port provided for by Article 4(2) and
Scope
Article 37(5) and (6) of Regulation (EC) No 1005/2008.
This Chapter shall apply to third-country fishing vessels.
3. Where
a
Member
State
has
denied
the
use
of
its
ports
to
a
Article 19
third-country vessel in accordance with paragraph 1 or 2, it
shall promptly notify the master of the vessel, the flag State,
Prior notice
the Commission and the Executive Secretary of the GFCM of
By way of derogation from Article 6(1) of Regulation (EC) No
such action.
1005/2008, the period for prior notification shall be at least 72
hours before the estimated time of arrival at the port.
( 1 ) OJ L 179, 23.6.1998, p. 3.

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L 347/50
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Official Journal of the European Union
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4. Where
the
grounds
for
denial
referred
to
in
paragraph
1 to in this Article. Those implementing acts shall be adopted in
or 2 no longer apply, the Member State shall withdraw its
accordance with the examination procedure referred to in
denial and notify the addressees referred to in paragraph 3 of
Article 25(2).
that withdrawal.
TITLE V
TITLE IV
FINAL PROVISIONS
COOPERATION, INFORMATION AND REPORTING
Article 25
Article 23
Committee procedure
Cooperation and information
1. The
Commission
shall
be
assisted
by
the
Committee
for
1. The
Commission
and
Member
States
shall
cooperate
and Fisheries and Aquaculture established by Article 30(1) of Regu
exchange information with the Executive Secretary of the
lation (EC) No 2371/2002. That Committee shall be a
GFCM, in particular by:
committee within the meaning of Regulation (EU) No
182/2011.
(a) requesting information from, and providing information to,
relevant databases;
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
(b) requesting cooperation and cooperating in order to promote
the effective implementation of this Regulation.
Article 26
Delegation of powers
2. Member
States
shall
ensure
that
their
national
fisheries- As far as is necessary, in order to implement in Union law
related information systems allow for the direct electronic
amendments that become obligatory for the Union to existing
exchange of information on port state inspections referred to
GFCM measures that have already been implemented in Union
in Title III between them and the Executive Secretary of the
law, the Commission shall be empowered to adopt delegated
GFCM, taking due account of appropriate confidentiality
acts, in accordance with Article 27, in order to amend the
requirements.
provisions of this Regulation in respect of the following:
3. Member
States
shall
take
measures
to
share,
by
electronic (a) the provision to the Executive Secretary of the GFCM of
means, information among relevant national agencies and to
information under Article 15(4);
coordinate the activities of such agencies in the implementation
of the measures set out in Chapter II of Title III.
(b) the transmission of the list of authorised vessels to the
Executive Secretary of the GFCM under Article 17;
4. Member States shall establish a list of contact points for
the purpose of this Regulation, which shall be transmitted elec
(c) port state measures set out in Articles 18 to 22;
tronically, without delay, to the Commission and to the
Executive Secretary and the contracting parties of the GFCM.
(d) cooperation, information and reporting set out in Articles
23 and 24;
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
(e) the table, the map and the geographical coordinates of
the examination procedure referred to in Article 25(2).
GFCM Geographical Sub-Areas (GSAs) set out in Annex I;
(f) port state inspection procedures for vessels set out in Annex
Article 24
II; and
Reporting of statistical matrices
(g) GFCM statistical matrices set out in Annex III.
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
Article 27
Section C of Annex III.
Exercise of the delegation
2. For the submission of data referred to in paragraph 1,
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Member States shall use the GFCM data-entry system or any
Commission subject to the conditions laid down in this Article.
other appropriate data submission standard and protocol that is
set by the Executive Secretary of the GFCM and that is available
2. The power to adopt delegated acts referred to in
on the GFCM website.
Article 26 shall be conferred on the Commission for a period
of 3 years from 19 January 2012. The Commission shall draw
up a report in respect of the delegation of power not later than
3. Member States shall inform the Commission of the data
6 months before the end of the three-year period. The
submitted on the basis of this Article.
delegation of power shall be tacitly extended for periods of
an identical duration, unless the European Parliament or the
The Commission may adopt implementing acts as regards
Council opposes such extension not later than 3 months
detailed rules for the format and transmission of data referred
before the end of each period.

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EN
30.12.2011 Official
Journal
of
the
European
Union L
347/51
3. The
delegation
of
powers
referred
to
in
Article
26
may
be
‘3. For towed nets, other than those referred to in
revoked at any time by the European Parliament or by the
paragraph 4, the minimum mesh size shall be at least:
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
(a) a square-meshed net of 40 mm at the cod-end; or
Journal of the European Union or at a later date specified
therein. It shall not affect the validity of the delegated acts
(b) at the duly justified request of the ship owner, a
already in force.
diamond-meshed net of 50 mm of an acknowledged
size selectivity that is equivalent to or higher than that
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
of nets referred to under point (a).
notify it simultaneously to the European Parliament and to the
Council.
Fishing vessels shall be authorised to use and keep on board
only one of the two types of nets.
5. A
delegated
act
adopted
pursuant
to
Article
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
The Commission shall submit a report on the implemen
months of notification of that act to the European Parliament
tation of this paragraph to the European Parliament and the
and the Council or if, before the expiry of that period, the
Council by 30 June 2012, on the basis of which, as well as
European Parliament and the Council have both informed the
on the basis of the information supplied by Member States
Commission that they will not object. That period shall be
before 31 December 2011, it shall propose due
extended by 2 months at the initiative of the European
amendments where appropriate.’;
Parliament or of the Council.
(3) Article 24 is deleted;
Article 28
Amendments to Regulation (EC) No 1967/2006
(4) in Article 27, paragraphs 1 and 4 are deleted.
Regulation (EC) No 1967/2006 is hereby amended as follows:
Article 29
(1) in Article 4, paragraph 3 is deleted;
Entry into force
This Regulation shall enter into force on the 20th day following
(2) in Article 9, paragraph 3 is replaced by the 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.
Done at Strasbourg, 13 December 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
M. SZPUNAR

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L 347/52
EN
Official Journal of the European Union
30.12.2011
ANNEX I
A) Table of GFCM GSAs
FAO SUB-AREA FAO
STATISTICAL
DIVISIONS GSAs
1 Northern
Alboran
Sea
2 Alboran
Island
3 Southern
Alboran
Sea
1.1 BALEARIC
4 Algeria
5 Balearic
Island
6 Northern
Spain
WESTERN
11.1 Sardinia (west)
1.2 GULF OF LIONS 7
Gulf
of
Lions
8 Corsica
Island
9 Ligurian
and
North
Tyrrhenian
Sea
1.3 SARDINIA
10 South
Tyrrhenian
Sea
11.2 Sardinia (east)
12 Northern
Tunisia
17 Northern
Adriatic
2.1 ADRIATIC
18 Southern
Adriatic
Sea
(part)
13 Gulf
of
Hammamet
14 Gulf
of
Gabes
15 Malta
Island
CENTRAL
16 South
of
Sicily
2.2 IONIAN
18 Southern
Adriatic
Sea
(part)
19 Western
Ionian
Sea
20 Eastern
Ionian
Sea
21 Southern
Ionian
Sea
22 Aegean
Sea
3.1 AEGEAN
23 Crete
Island
24 North
Levant
EASTERN
25 Cyprus
Island
3.2 LEVANT
26 South
Levant
27 Levant
4.1 MARMARA 28
Marmara
Sea
BLACK SEA
4.2 BLACK SEA 29
Black
Sea
4.3 AZOV SEA 30
Azov
Sea

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30.12.2011 Off
B) Map of GFCM GSAs (GFCM, 2009)
EN

icial
Jour
nal
of
the
European
Union
— FAO Statistical Divisions (red) — GFCM GSA (black)
01 — Northern Alboran Sea
09 — Ligurian and North Tyrrhenian Sea
16 — South of Sicily
24 — North Levant
02 — Alboran Island
10 — South and Central Tyrrhenian Sea
17 — Northern Adriatic
25 — Cyprus Island
03 — Southern Alboran Sea
11.1 — Sardinia (west)
18 — Southern Adriatic Sea
26 — South Levant
04 — Algeria
11.2 — Sardinia (east)
19 — Western Ionian Sea
27 — Levant
05 — Balearic Island
12 — Northern Tunisia
20 — Eastern Ionian Sea
28 — Marmara Sea
06 — Northern Spain
13 — Gulf of Hammamet
21 — Southern Ionian Sea
29 — Black Sea
07 — Gulf of Lions
14 — Gulf of Gabes
22 — Aegean Sea
30 — Azov Sea
08 — Corsica Island
15 — Malta Island
23 — Crete Island
L
347/53

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L 347/54
EN
Official Journal of the European Union
30.12.2011
C) Geographical coordinates for GFCM GSAs (GFCM, 2009)
GSAs LIMITS
GSAs LIMITS
Coast Line
43° 15′ N 7° 38′ E
36° N 5° 36′ W
43° 15′ N 9° 45′ E
36° N 3° 20′ W
8
41° 18′ N 9° 45′ E
36° 05′ N 3° 20′ W
41° 20′ N 8° E
36° 05′ N 2° 40′ W
41° 18′ N 8° E
1
36° N 2° 40′ W
36° N 1° 30′ W
Coast line
36° 30′ N 1° 30′ W
France-Italy border
36° 30′ N 1° W
43° 15′ N 7° 38′ E
37° 36′ N 1° W
9
43° 15′ N 9° 45′ E
41° 18′ N 9° 45′ E
36° 05′ N 3° 20′ W
41° 18′ N 13° E
36° 05′ N 2° 40′ W
2
35° 45′ N 3° 20′ W
Coast line (including North
35° 45′ N 2° 40′ W
Sicily)
41° 18′ N 13° E
Coast Line
10
41° 18′ N 11° E
36° N 5° 36′ W
38° N 11° E
35° 49′ N 5° 36′ W
38° N 12° 30′ E
36° N 3° 20′ W
3
35° 45′ N 3° 20′ W
41° 47′ N 6° E
35° 45′ N 2° 40′ W
41° 18′ N 6° E
36° N 2° 40′ W
41° 18′ N 11° E
36° N 1° 13′ W
11
38° 30′ N 11° E
Morocco-Algeria border
38° 30′ N 8° 30′ E
38° N 8° 30′ E
Coast Line
38° N 6° E
36° N 2° 13′ W
36° N 1° 30′ W
Coast line
36° 30′ N 1° 30′ W
Algeria-Tunisia border
36° 30′ N 1° W
38° N 8° 30′ E
4
37° N 1° W
38° 30′ N 8° 30′ E
12
37° N 0° 30′ E
38° 30′ N 11° E
38° N 0° 30′ E
38° N 11° E
38° N 8° 35′ E
37° N 12° E
Algeria-Tunisia border
37° N 11° 04′E
Morocco-Algeria border
Coast line
38° N 0° 30′ E
37° N 11° 04′E
39° 30′ N 0° 30′ E
13
37° N 12° E
39° 30′ N 1° 30′ W
35° N 13° 30′ E
40° N 1° 30′ E
35° N 11° E
5
40° N 2° E
40° 30′ N 2° E
Coast line
40° 30′ N 6° E
35° N 11° E
14
38° N 6° E
35° N 15° 18′ E
Tunisia-Libya border
Coast line
36° 30′ N 13° 30′ E
37° 36′ N 1° W
35° N 13° 30′E
37° N 1° W
15
35° N 15° 18′ E
37° N 0° 30′ E
36° 30′ N 15° 18′ E
39° 30′ N 0° 30′ E
39° 30′ N 1° 30′ W
6
40° N 1° 30′ E
Coast line
40° N 2° E
38° N 12° 30′ E
40° 30′ N 2° E
38° N 11° E
40° 30′ N 6° E
37° N 12° E
16
41° 47′ N 6° E
35° N 13° 30′ E
42° 26′ N 3° 09′ E
36° 30′ N 13° 30′ E
36° 30′ N 15° 18′ E
37° N 15° 18′ E
Coast line
42° 26′ N 3° 09′ E
7
Coast line
41° 20′ N 8° E
17
41° 55′ N 15° 08′ E
France-Italy border
Croatia-Montenegro border

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EN
30.12.2011 Official
Journal
of
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European
Union L
347/55
GSAs LIMITS
GSAs LIMITS
Coast lines (both sides)
36° N 23° E
41° 55′ N 15° 08′ E
36° N 26° 30′ E
18
40° 04′ N 18° 29′ E
23
34° N 26° 30′ E
Croatia-Montenegro border
34° N 23° E
Albania-Greece border
Coast line
Coast line (including East
36° 43′ N 29° E
Sicily)
34° N 29° E
40° 04′ N 18° 29′ E
24
34° N 32° E
19
37° N 15° 18′ E
35° 47′ N 32° E
35° N 15° 18′ E
35° 47′ N 35° E
35° N 19° 10′ E
Turkey-Syria border
39° 58′ N 19° 10′ E
35° 47′ N 32° E
Coast line
34° N 32° E
Albania-Greece border
25
34° N 35° E
39° 58′ N 19° 10′ E
35° 47′ N 35° E
20
35° N 19° 10′ E
35° N 23° E
Coast line
36° 30′ N 23° E
Libya-Egypt border
26
34° N 25° 09′ E
Coast line
34° N 34° 13′ E
Tunisia-Libya border
Egypt-Gaza Strip border
35° N 15° 18′ E
21
35° N 23° E
Coast line
34° N 23° E
Egypt-Gaza Strip border
34° N 25° 09′ E
34° N 34° 13′ E
Libya-Egypt border
27
34° N 35° E
35° 47′ N 35° E
Coast line
Turkey-Syria border
36° 30′ N 23° E
36° N 23° E
28
22
36° N 26° 30′ E
34° N 26° 30′ E
29
34° N 29° E
36° 43′ N 29° E
30

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L 347/56
EN
Official Journal of the European Union
30.12.2011
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 docu
mentation 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 auth
orisations. 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.

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EN
30.12.2011 Official
Journal
of
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European
Union L
347/57
(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,

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L 347/58
EN
Official Journal of the European Union
30.12.2011
— 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.

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EN
30.12.2011 Official
Journal
of
the
European
Union L
347/59
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’.

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L 347/60
EN
Official Journal of the European Union
30.12.2011
(B) Table on measurement of nominal fishing effort
Gear Number
and
dimension Capacity Activity Nominal
Effort
( 1 )
Dredge (for molluscs) Open
mouth,
width
of GT Time
fishing Dredged
bottom
mouth
surface ( 2 )
Trawl (including dredges Type of trawl (pelagic,
GT Time
Fishing GT
×
days
for flatfishes)
bottom)
GT × hours
GT and/or GRT
kW × days
Engine power
Mesh size
Size of the net (width of
mouth)
Speed
Purse seine Length
and
drop
of
the
GT
Search time
GT × Fishing sets
net
Length and drop of Set
Length of the net ×
GT
the net
fishing sets
Light power
Number of small boats
Nets Type
of
net
(e.g.
trammel
Net length and
Time fishing Net
length
×
days
net, gillnets, etc.)
drop
Surface × days
Net length (used in
regulations)
GT
Net surface
Mesh size
Long lines Number
of
hooks
Number of hooks
Time fishing Number
of
hooks
×
GT
Number of
hours
Number of longline
longline unit
Number of hooks ×
Characteristics of hooks
days
Bait
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/km 2 ) and to relate the effort to
exploited communities.

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EN
30.12.2011 Official
Journal
of
the
European
Union L
347/61
Units
Task 1 — Operational

GFCM
(C)

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