Judgment_paragraph 9 · Panagiotis I. Karanikolas and Others v Ypourgos Agrotikis Anaptyxis kai Trofimon and Nomarchiaki Aftodioikisi Dramas, Kavalas, Xanthis (C-453/08)

9Paragraphs 1, 1a and 4 of Article 3 of that regulation provide:1.The use of trawls, seines or similar nets shall be prohibited within three nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance, irrespective of the method of towing or haulage, except where a derogation is provided for in national legislation in respect of a three-mile coastal zone which extends beyond the territorial waters of a Member State.However, any fishing gear used at a distance from the coast of less than that laid down in the first subparagraph and used in accordance with national law in force on 1 January 1994 may be used until 31 December 2002, unless the Council acting by a qualified majority on a proposal from the Commission, decides otherwise in the light of scientific data proving that their use does not have a negative impact on resources.1a.The use of fishing gear under the conditions of the second subparagraph of paragraph 1 shall be prohibited, with exception of the fishery conducted with “gangue”, unless the Member State concerned has enacted measures ensuring that for these fisheries:— the prohibition envisaged in paragraph 3 is not jeopardised,— fishing does not interfere with the activities of vessels using gears other than trawls, seines or similar towed nets,— fishing is restricted to target species not subject to a minimum landing size in accordance with Article 8,— fishing is restricted in such a way that catches of species mentioned in Annex IV are minimal,— vessels are subject to special fishing permits issued in accordance with Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits [OJ 1994 L 171, p. 7].These measures shall be communicated to the Commission before 31 December 2000.…4. It shall be prohibited to set any type of encircling net within 300 m of the coast or within the 30 m isobath where that depth is reached at a shorter distance.’