HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 217/28
EN
Official Journal of the European Union
13.8.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 773/2013
of 12 August 2013
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 Spain (Murcia)
THE EUROPEAN COMMISSION,
Transparent goby (Aphia minuta) in the internal waters of
the region of Murcia’ ( 2 ) in accordance with Article 19(2)
of Regulation (EC) No 1967/2006.
Having regard to the Treaty on the Functioning of the European
Union,
(8) The
derogation
requested
by
Spain
complies
with
the
conditions set out in Article 13(5) and (9) of Regulation
Having regard to Council Regulation (EC) No 1967/2006 of
(EC) No 1967/2006.
21 December 2006 concerning management measures for the
sustainable exploitation of fishery resources in the Mediter
ranean Sea (
(9)
In particular, given both the limited size of the conti

1 ), and in particular Article 13(5) thereof,
nental shelf and the spatial distribution of the target
species, which is exclusively limited to certain zones in
Whereas:
the coastal areas at depths of less than 50 meters, the
fishing grounds are limited.
(1) Article
13(1)
of
Regulation
(EC)
No
1967/2006
prohibits
the use of towed gears within 3 nautical miles of the
(10) Moreover,
the
fishery
cannot
be
undertaken
with
other
coast or within the 50 m isobath where that depth is
gears, has no significant impact on protected habitats and
reached at a shorter distance from the coast.
is very selective, since the seines are hauled in the water
column and do not touch the seabed. Indeed collection
of material from the seabed would damage the target
(2)
At the request of a Member State, the Commission may
species and make the selection of the fished species
allow a derogation from Article 13(1) of Regulation (EC)
virtually impossible due to their very small size.
No 1967/2006, provided that a number of conditions set
out in Article 13(5) and (9) are fulfilled.
(11) The
derogation requested by Spain affects a limited
number of vessels, since only 29 vessels are involved.
(3) On
17
April
2012
the
Commission
received
a
request
for
derogation from Spain to Article 13(1) of that Regu
(12) The
fishing
activities
concerned
fulfil
the
requirements
of
lation, for the use of boat seines fishing for Transparent
the second subparagraph of Article 4(1) of Regulation
goby (Aphia minuta), within its territorial waters in the
(EC) No 1967/2006 concerning protected habitats
Autonomous Community of Murcia.
which, by way of derogation, allows fishing above
those habitats if fishing is operated without touching
the seagrass bed under certain conditions.
(4) The
request
covers
vessels
registered
in
the
Operational
Fleet Official Census managed by the Directorate-General
for Livestock and Fisheries of the Autonomous
(13) The requirements of Article 8(1)(h) of Regulation (EC) No
Community of Murcia which have a track record in the
1967/2006 are not applicable since they relate to
fishery of more than five years and will operate under a
trawlers.
management plan regulating boat seines fishing for trans
parent goby (Aphia minuta).
(14) Since
the
fishing
activities
concerned
are
highly
selective,
have a negligible effect on the environment and are not
affected by provisions in Article 4(5) of Regulation (EC)
(5)
The management plan guarantees no future increase in
the fishing effort, foreseeing that whenever one of the 29
No 1967/2006, they are eligible for the derogation to
authorised vessels stops the activity only a vessel with an
the minimum mesh size referred to in Article 9(7) of
equal or minor capacity in terms of power and length
Regulation (EC) No 1967/2006. Therefore, the
will be able to replace it in the Census.
minimum mesh size rules set by Article 9(3) do not

apply.
(6) The
Scientific,
Technical
and
Economic
Committee
for (15) The
Spanish
management
plan
includes
measures
for
the
Fisheries (STECF) assessed the derogation requested by
monitoring of fishing activities, thus fulfilling the
Spain and the related draft management plan at its
conditions set out in Article 13(9) of Regulation (EC)
plenary session held from 5 to 9 November 2012.
No 1967/2006 and in Article 14 of Council Regulation
(EC) No 1224/2009 ( 3 ).
(7) Spain
has
adopted
the
management
plan
by
approving
the ‘Order of 27 March 2013, of the regional Ministry
( 2 ) ‘Orden de 27 de marzo de 2013 de la Consejería de Agricultura y
for Agriculture and Water regulating the fishery of
Agua, por la que se regula la pesquería del chanquete (Aphia minuta)
en aguas interiores de la Región de Murcia’, Murcia’s region OJ
number 78, 6.4.2013, p. 13950.
( 1 ) OJ L 409, 30.12.2006, p. 11.
( 3 ) OJ L 343, 22.12.2009, p. 1.

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EN
13.8.2013 Official
Journal
of
the
European
Union L
217/29
(16) The
fishing
activities
concerned
take
place
at
a
very
short
Autonomous Community of Murcia, to fishing for transparent
distance from the coast and therefore do not interfere
goby (Aphia minuta) by boat seines which are used by vessels:
with the activities of other vessels.
(a) registered in the maritime census managed by the Direc
(17) The
Spanish
management
plan
ensures
that
catches
of
torate-General for Livestock and Fisheries of the
species mentioned in Annex III to Regulation (EC) No
Autonomous Community of Murcia;
1967/2006 are minimal and that the fishing activities do
not target cephalopods.
(b) having a track record in the fishery of more than five years
and not involving any future increase in fishing effort
(18) Therefore,
the
requested
derogation
should
be
granted.
provided; and
(19) Spain
should
report
to
the
Commission
in
due
time
and
(c) holding a fishing authorisation and operating under the
in accordance with the monitoring plan provided for in
management plan adopted by Spain in accordance with
the Spanish management plan.
Article 19(2) of Regulation (EC) No 1967/2006 (hereinafter
referred to as ‘the management plan’).
(20) In
line
with
the
request
by
Spain,
a
limitation
in
duration
of the derogation will allow ensuring prompt corrective
This derogation shall apply for a period of three years following
management measures in case the report to the
the date of entry into force of this Regulation.
Commission will show a poor conservation status of
the exploited stock while providing scope to improve
Article 2
the scientific basis for an improved management plan.
Monitoring plan and report
(21) The
measures
provided
for
in
this
Regulation
are
in
Spain shall communicate to the Commission, within three years
accordance with the opinion of the Committee for
following the entry into force of this Regulation, a report drawn
Fisheries and Aquaculture,
up in accordance with the monitoring plan established in the
management plan referred to in Article 1(c).
HAS ADOPTED THIS REGULATION:
Article 3
Article 1
Entry into force
Derogation
This Regulation shall enter into force on the third day following
Article 13(1) of Regulation (EC) No 1967/2006 shall not apply,
that of its publication in the Official Journal of the European
in territorial waters of Spain adjacent to the coast of the
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 August 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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