L 56/8 Official Journal of the European Union 2.3.2005 COMMISSION REGULATION (EC) No 356/2005 of 1 March 2005 laying down detailed rules for the marking and identification of passive fishing gear and beam trawls THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Articles 5(c) and 20a(3) thereof, Whereas: () The monitoring and inspection of fishing activities, in particular of certain technical conservation measures, specifying inter alia, mesh sizes, limitations of fishing times and other characteristics of passive fishing gear is necessary. For this purpose, the fishing gear used by fishing vessels should be easy to identify and to check. In order to ensure compliance with those requirements, detailed rules should be laid down for the marking and identification of certain fishing gear utilised in Community waters. () It is appropriate, for a proper implementation of the present regulation, that the use of fishing gears which does not comply with the requirements it lays down is prohibited, as well as the carrying on board of gears which do not comply with certain provisions of the Regulation. (3)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery and Aquaculture, HAS ADOPTED THIS REGULATION: CHAPTER 1 GENERAL PROVISIONS Atticle 1 Subject matter This Regulation lays down detailed rules for the marking and identification of passive fishing gear and beam trawls. () OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu- lation (EC) No 1954/2003 (O] L 289, 7.11.2003, p. 1). Atticle 2 Scope 1. This Regulation shall apply to wvessels fishing in Community waters. 2. This Regulation shall not apply within the 12 nautical miles measured from the base lines of the Coastal Member State. Atrticle 3 Definitions For the purposes of this Regulation, the following definitions shall apply: (a) ‘passive gear’ means: (i) longlines; (ii) gillnets, entangling nets, trammel nets, drifting gillnets which may consist of one or more separate nets which are rigged with top, bottom and connecting ropes, and may be equipped with anchoring, floating and naviga- tional gear; (b) ‘beam trawls’ mean trawls which are towed from outrigger booms. Atrticle 4 Prohibition 1. It shall be prohibited to use for fishing passive gear, buoys and beam trawls which are not marked and identifiable in accordance with the provisions of this Regulation. 2. It shall be prohibited to carry on board: (@) beams of a beam trawl which do not display the external registration letters and numbers in accordance with Article 5; (b) passive gear which is not labelled in accordance with Article 7; (c) buoys which are not marked in accordance with Article 10.