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5.10.2011 Official
Journal
of
the
European
Union L
260/15
COMMISSION IMPLEMENTING REGULATION (EU) No 988/2011
of 4 October 2011
establishing a derogation from Council Regulation (EC) No 1967/2006 as regards the minimum
distance from coast and the minimum sea depth for boat seines fishing for transparent goby
(Aphia minuta) in certain territorial waters of Italy
THE EUROPEAN COMMISSION,
(7) The
derogation
requested
by
Italy
complies
with
the
conditions set out in Article 13(5) and (9) of Regulation
(EC) No 1967/2006.
Having regard to the Treaty on the Functioning of the European
Union,
(8)
In particular, given both the limited size of the conti
nental shelf and the spatial distribution of the target
Having regard to Council Regulation (EC) No 1967/2006 of
species, which is exclusively limited to certain zones in
21 December 2006 concerning management measures for the
the coastal areas at depths smaller than 50m, the fishing
sustainable exploitation of fishery resources in the Mediter
grounds are limited.
ranean Sea ( 1 ), and in particular Article 13(5) thereof,
(9) Moreover,
the
fishery
cannot
be
undertaken
with
other
gears, has no significant impact on protected habitats and
Whereas:
is very selective, since the seines are hauled in the water
column and do not touch the seabed because collection
of material from the seabed would damage the target
(1) Article
13(1)
of
Regulation
(EC)
No
1967/2006
prohibits
species and make the selection of the fished species
the use of towed gears within 3 nautical miles of the
virtually impossible due to their very small size.
coast or within the 50 m isobath where that depth is
reached.
(10) The derogation requested by Italy affects a limited
number of vessels, i.e. 142 vessels.
(2)
At the request of a Member State, the Commission may
allow a derogation from the prohibition set out in
Article 13(1)of Regulation (EC) No
1967/2006,
(11) The
fishing
activities
concerned
fulfil
the
requirements
of
provided that a number of conditions set out in
Article 4 of Regulation (EC) No 1967/2006 since the
Article 13(5) and(9) are fulfilled.
Italian management plan explicitly prohibits to fish
above protected habitats.
(3) On
16
March
2010
Italy
has
requested
a
derogation
from Article 13(1) of that Regulation for the use of
(12) The requirements of Article 8(1)(h) of Regulation (EC)
boat seines fishing for transparent goby (Aphia minuta)
No 1967/2006 are not applicable since they relate to
in the territorial waters of the Geographical Sub-Area 9
trawlers.
(GSA 9), as defined under the Agreement establishing the
General Fisheries Commission for the Mediterranean ( 2 ).
(13) Since
the
fishing
activities
concerned
are
highly
selective,
have a negligible effect on the environment and are not
carried out above protected habitats, they are eligible for
(4) The
request
covers
vessels
registered
in
the
maritime
the derogation to the minimum mesh size referred to in
Directorates of Genoa and Livorno which have a track
Article 9(7) of Regulation (EC) No 1967/2006. Therefore,
record in the fishery of more than 5 years and operate
the minimum mesh size rules set by Article 9(3)(2) do
under a management plan regulating boat seines fishing
not apply.
for transparent goby (Aphia minuta) in GSA 9.
(14) The
Italian
management
plan
includes
measures
for
the
(5) The
Scientific,
Technical
and
Economic
Committee
for
monitoring of fishing activities, thus fulfilling the
Fisheries (STECF) has assessed the derogation requested
conditions set out in Article 23 and in the third
by Italy and the related draft management plan at its
subparagraph of Article 13(9) of Regulation (EC)
plenary session held from 8 to 12 November 2010.
No 1967/2006.
(6) Italy
has
adopted
the
management
plan
by
Decree
( 3 ) in
(15) The
fishing
activities
concerned
take
place
at
a
very
short
accordance with Article 19(2) of Regulation (EC)
distance from the coast and therefore do not interfere
No 1967/2006.
with the activities of other vessels.
( 1 ) OJ L 36, 8.2.2007, p. 6.
(16) The
Italian
management
plan
ensures
that
catches
of
( 2 ) OJ L 190, 4.7.1998, p. 34.
( 3 ) Gazzetta Ufficiale della Repubblica Italiana 192, 19.8.2011,
species mentioned in Annex III are minimal and that
supplemento ordinario n. 192.
the fishing activities do not target cephalopods.

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L 260/16
EN
Official Journal of the European Union
5.10.2011
(17) Italy communicated to the Commission the list of auth
Tuscany, to fishing for transparent goby (Aphia minuta) by boat
orised fishing vessels and their characteristics, as well as
seines which are used by vessels:
the comparison with the characteristics of that fleet on
1 January 2000.
(a) registered in the maritime Directorates (Direzioni Marittime)
of Genoa and Livorno respectively;
(18) Accordingly,
the
requested
derogation
should
be
granted.
(b) having a track record in the fishery of more than 5 years;
(19) Italy
should
report
to
the
Commission
in
due
time
and
in
and
accordance with the monitoring plan provided for in the
Italian management plan.
(c) holding a fishing authorisation and operating under the
management plan adopted by Italy in accordance with
(20) In line with the request by Italy, a limitation in duration
Article 19 of Regulation (EC) No 1967/2006 (hereinafter
of the derogation will allow ensuring prompt corrective
referred to as ‘the management plan’) (
management measures in case the report to the

1 ).
Commission will show a poor conservation status of
the exploited stock while providing scope to improve
This derogation shall apply until 31 March 2014.
the scientific basis for an improved management plan.
Article 2
(21) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Committee for
Monitoring plan and report
Fisheries and Aquaculture,
Italy shall communicate to the Commission, by 1 May 2014, a
report drawn up in accordance with the monitoring plan estab
HAS ADOPTED THIS REGULATION:
lished in the management plan.
Article 1
Article 3
Derogation
Entry into force
Article 13(1) of Regulation (EC) No 1967/2006 shall not apply,
This Regulation shall enter into force on the third day following
in territorial waters of Italy adjacent to the coast of Liguria and
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 Brussels, 4 October 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) Gazzetta Ufficiale della Repubblica Italiana 192, 19.8.2011,
supplemento ordinario n. 192.

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