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3.12.2013 Official
Journal
of
the
European
Union L
322/17
COMMISSION IMPLEMENTING REGULATION (EU) No 1233/2013
of 29 November 2013
establishing a derogation from Regulation (EC) No 1967/2006 as regards the minimum distance
from coast and the minimum sea depth for boat seines fishing for transparent and Ferrer’s gobies
(Aphia minuta and Pseudaphia ferreri) and Lowbody picarel (Spicara smaris) in certain territorial
waters of Spain (Balearic Islands)
THE EUROPEAN COMMISSION,
equal or minor capacity in terms of tonnage and power
will be able to replace it in the census.
Having regard to the Treaty on the Functioning of the European
Union,
(6) The
Scientific,
Technical
and
Economic
Committee
for
Fisheries (STECF) has assessed the derogation requested
by Spain and the related draft management plan at its
Having regard to Council Regulation (EC) No 1967/2006 of
plenary session held from 5 to 9 November 2012.
21 December 2006 concerning management measures for the
sustainable exploitation of fishery resources in the Mediter
ranean Sea ( 1 ), and in particular Article 13(5) thereof,
(7) Spain
has
adopted
the
management
plan
by
Decree
44/2013 of 4 October, establishing a multi-island
Management Plan for traditional boat seine fisheries in
Whereas:
the waters of the Balearic Islands ( 2 ) in accordance with
Article 19(2) of Regulation (EC) No 1967/2006.
(1) Article
13(1)
of
Regulation
(EC)
No
1967/2006
prohibits
the use of towed gears within 3 nautical miles of the
(8) The
derogation
requested
by
Spain
complies
with
the
coast or within the 50 m isobath where that depth is
conditions set out in Article 13(5) and (9) of Regulation
reached at a shorter distance from the coast.
(EC) No 1967/2006.
(2)
At the request of a Member State, the Commission may
(9)
In particular, given both the limited size of the conti
allow a derogation from Article 13(1)of Regulation (EC)
nental shelf and the spatial distribution of the target
No 1967/2006, provided that a number of conditions set
species, which is exclusively limited to certain zones in
out in Article 13(5) and(9) are fulfilled.
the coastal areas at depths of less than 50 meters, the
fishing grounds are limited.
(3) On
8
October
2012
the
Commission
received
a
request
for derogation from Spain to Article 13(1) of that Regu
(10) Moreover,
the
fishery
cannot
be
undertaken
with
other
lation, for the use of boat seines fishing for Transparent
gears, has no significant impact on protected habitats and
and Ferrer’s gobies (Aphia minuta and Pseudaphia ferreri)
is very selective, since the seines are hauled in the water
and lowbody picarel (Spicara smaris), within its territorial
column and do not touch the seabed. Indeed collection
waters in the Autonomous Community of the Balearic
of material from the seabed would damage the target
Islands.
species and make the selection of the fished species
virtually impossible due to their very small size.
(4) The
request
covers
vessels
registered
in
the
maritime
census managed by the Directorate-General for Rural
(11) The
derogation requested by Spain affects a limited
and Marine Environment of the Balearic Islands which
number of vessels, since only 60 vessels are involved.
have a track record in the fishery of more than five
years and will operate under a management plan regu
lating boat seines fishing for transparent and Ferrer’s
gobies (Aphia minuta and Pseudaphia ferreri) and
(12) The
fishing
activities
concerned
fulfil
the
requirements
of
lowbody picarel (Spicara smaris).
Article 4 of Regulation (EC) No 1967/2006 concerning
protected habitats since the related Spanish management
plan explicitly prohibits fishing above those protected
habitats.
(5)
The management plan guarantees no future increase in
the fishing effort, foreseeing that whenever one of the 60
authorised vessels stops the activity only a vessel with an
( 2 ) Decreto 44/2013, de 4 de octubre, por el que establece el Plan de
Gestión Pluriinsular para la PESCA con Artes de Tiro Tradicionales
en Aguas de las Illes Balears. Butlletí Oficial de les Illes Balears No
( 1 ) OJ L 409, 30.12.2006, p. 11.
137, 5.10.2013, pg. 47345.

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L 322/18
EN
Official Journal of the European Union
3.12.2013
(13) The requirements of Article 8(1)(h) of Regulation (EC) No
HAS ADOPTED THIS REGULATION:
1967/2006 are not applicable since they relate to
trawlers.
Article 1
(14) Since
the
fishing
activities
concerned
are
highly
selective,
Derogation
have a negligible effect on the environment and are not
affected by provisions in Article 4(5) of Regulation (EC)
Article 13(1) of Regulation (EC) No 1967/2006 shall not apply,
No 1967/2006, they are eligible for the derogation to
in territorial waters of Spain adjacent to the coast of the the
the minimum mesh size referred to in Article 9(7) of
Autonomous Community of the Balearic Islands, to fishing for
Regulation (EC) No 1967/2006. Therefore, the
Transparent and Ferrer’s gobies (Aphia minuta and Pseudaphia
minimum mesh size rules set by Article 9(3) do not
ferreri) and lowbody picarel (Spicara smaris) by boat seines
apply.
which are used by vessels:
(15) The
Spanish
management
plan
includes
measures
for
the
(a) registered in the maritime census managed by the Direc
monitoring of fishing activities, thus fulfilling the
torate-General for Rural and Marine Environment of the
conditions set out in the third subparagraph of
Balearic Islands,
article 13(9) of Regulation (EC) No 1967/2006 and in
Article 14 of the Council Regulation (EC) No
1224/2009 (
(b) having a track record in the fishery of more than five years

1 ).
and not involving any future increase in fishing effort
(16) The
fishing
activities
concerned
take
place
at
a
very
short
provided; and
distance from the coast and therefore do not interfere
with the activities of other vessels.
(c) holding a fishing authorization and operating under the
management plan adopted by Spain in accordance with
(17) The
Spanish
management
plan
ensures
that
catches
of
Article 19(2) of Regulation (EC) No 1967/2006.
species mentioned in Annex III to Regulation (EC) No
1967/2006 are minimal and that the fishing activities do
not target cephalopods.
This derogation shall apply for a period of three years following
the date of entry into force of this Regulation.
(18) Therefore,
the
requested
derogation
should
be
granted.
Article 2
(19) Spain
should
report
to
the
Commission
in
due
time
and
in accordance with the monitoring plan provided for in
Monitoring plan and report
the Spanish management plan.
Spain shall communicate to the Commission, within three years
following the entry into force of this Regulation, a report drawn
(20) In
line
with
the
request
by
Spain,
a
limitation
in
duration
up in accordance with the monitoring plan established in the
of the derogation will allow ensuring prompt corrective
management plan referred to in Article 1(c).
management measures in case the report to the
Commission will show a poor conservation status of
the exploited stock while providing scope to improve
Article 3
the scientific basis for an improved management plan.
Entry into force
(21) The
measures
provided
for
in
this
Regulation
are
in
This Regulation shall enter into force on the third day following
accordance with the opinion of the Committee for
that of its publication in the Official Journal of the European
Fisheries and Aquaculture,
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 343, 22.12.2009, p. 1.

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Document Outline

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