Commission Implementing Regulation (EU) 2023/974 of 16 May 2023 extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for the ‘volantina’ trawlers fishing in the territorial waters of Slovenia
Date: 2023-05-16
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Mediterranean Sea, Slovenia, conservation of fish stocks, derogation from EU law, fishing controls, fishing net, fishing vessel, sea fishing, sustainable fisheries, territorial waters








L_2023132EN.01007401.xml










17.5.2023   


EN


Official Journal of the European Union


L 132/74








            COMMISSION IMPLEMENTING REGULATION (EU) 2023/974
of 16 May 2023
         
extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for the ‘volantina’ trawlers fishing in the territorial waters of Slovenia


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (1), and in particular Article 13(5) thereof,

Whereas:







(1)


On 19 March 2014, the Commission adopted Commission Implementing Regulation (EU) No 277/2014 (2) establishing for the first time a derogation from Article 13(1), first subparagraph of Regulation (EC) No 1967/2006 as regards the minimum distance from coast and depth for the ‘volantina’ trawlers fishing in the territorial waters of Slovenia, which expired on 23 March 2017. An extension of that derogation was granted by Commission Implementing Regulation (EU) 2017/2383 (3), which expired on 27 March 2020. A further extension of that derogation was granted by Commission Implementing Regulation (EU) 2022/511 (4), which expired on 27 March 2023.












(2)


On 21 September 2022 the Commission received a request from Slovenia to extend the derogation granted by Implementing Regulation (EU) 2022/511. Slovenia provided the management plan, adopted on 18 August 2021 (5), and a report on the management plan monitoring and implementation, in line with Implementing Regulation (EU) 2022/511, justifying the extension of the derogation, in light of the requirements of Regulation (EC) No 1967/2006 and Regulation (EU) 2019/1241 of the European Parliament and of the Council (6).












(3)


During its 71st plenary session held in November 2022, the Scientific, Technical and Economic Committee for Fisheries (STECF) (7) assessed the request for further extending the derogation and the implementation report. STECF confirmed its past opinion on the plan and on the basis of the new information provided by Slovenia, STECF concluded that the conditions for the derogation continue to be fulfilled.












(4)


The derogation requested by Slovenia complies with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006.












(5)


In particular, there are specific geographical constraints, as the territorial waters of Slovenia do not at any point reach a depth of 50 meters. In the absence of a derogation, ‘volantina’ trawlers could therefore only operate beyond 3 nautical miles from the coast, where fishing grounds are significantly limited by an area devoted to commercial shipping routes.












(6)


Moreover, the Slovenian management plan guarantees no future increase in the fishing effort, as required by Article 13(9) of Regulation (EC) No 1967/2006. Fishing authorisations will only be issued to specified 12 vessels that are already authorised to fish by Slovenia.












(7)


The request concerns fishing activities already authorised by Slovenia and vessels with a track record in the fishery of more than five years in accordance with Article 13(9) of Regulation (EC) No 1967/2006.












(8)


Those vessels are included in a list communicated to the Commission in line with the requirements of Article 13(9) of Regulation (EC) No 1967/2006.












(9)


The fishing activities concerned fulfil the requirements of Article 4(1) of Regulation (EC) No 1967/2006 since the fishery do not operate above seagrass beds of, in particular, Posidonia oceanica or other marine phanerogams.












(10)


As regards the requirement to comply with minimum mesh sizes, the requested derogation complies with Article 8(1)(h) of Regulation (EC) No 1967/2006, as replaced by Article 8(1) and section I of Part B of Annex IX to Regulation (EU) 2019/1241, since no square mesh below 40mm is used in the ‘volantina’ net rigging.












(11)


The ‘volantina’ trawl fishery, a mixed fishery type, cannot be undertaken with another gear, with the exeption of the heavier ‘tartana’ which could however lead to higher contact with the sea bottom and higher catch of demersal species, and does not interfere with gears other than trawls, seines or similar towed nets.












(12)


‘Volantina’ trawlers are regulated to ensure that catches of species in Part A of Annex IX to Regulation (EU) 2019/1241 are minimal, in compliance with the criteria of Article 13(9)(c) of Regulation (EC) No 1967/2006. STECF noted that reported catches of these species are not negligible, it nevertheless concluded that given the limited size of the ‘volantina’ fishery, these catches sum up to a total volume of a few tens of tons, which represent only a very small amount of the total catches of these species in the North Adriatic Sea.












(13)


‘Volantina’ trawlers do not target cephalopods. STECF noted that cephalopods are a valuable bycatch of the ‘volantina’ fishery, however it concluded that, based on the latest implementation report of the plan, given the limited size of the ‘volantina’ fishery, the respective catches of cephalopods most likely represent only a very small amount of the total catches of these species in the wider northern Adriatic.












(14)


The Slovenian management plan includes measures for the monitoring of fishing activities, as provided for in the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006 and in Articles 14 and 15 of Council Regulation (EC) No 1224/2009 (8).












(15)


The Commission therefore considers that extension of the derogation requested by Slovenia complies with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006. The requested extension of the derogation should therefore be granted.












(16)


Slovenia should report to the Commission in due time and in accordance with the monitoring plan provided for in the Slovenian management plan.












(17)


A limitation in duration of the derogation should be established in order to allow prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock while providing scope to improve the scientific basis for an improved management plan.












(18)


Since the derogation granted by Implementing Regulation (EU) 2017/2383 expired on 27 March 2023, in order to ensure legal continuity, this Regulation should apply with effect from 28 March 2023. For reasons of legal certainty, this Regulation should enter into force as a matter of urgency.












(19)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,





HAS ADOPTED THIS REGULATION:



Article 1

Derogation

The first subparagraph of Article 13(1) of Regulation (EC) No 1967/2006 shall not apply within the territorial waters of Slovenia, irrespective of the depth, between 1,5 and 3 nautical miles from the coast, to ‘volantina’ trawlers which are used by vessels fulfilling the following requirements:






(a)


bearing the registration number mentioned in the Slovenian management plan adopted by Slovenia in accordance with Article 19(2) of Regulation (EC) No 1967/2006;










(b)


having a track record in the fishery of more than five years and not involving any future increase in the fishing effort provided; and










(c)


holding a fishing authorisation and operating under the management plan adopted by Slovenia in accordance with Article 19(2) of Regulation (EC) No 1967/2006.






Article 2

Monitoring plan and reporting

Slovenia shall communicate to the Commission, within one year following the entry into force of this Regulation, a report drawn up in accordance with the monitoring plan established in the management plan referred to in Article 1.


Article 3

Entry into force and period of application

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 28 March 2023 until 27 March 2026.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 2023.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 409 30, 12.2006, p. 11.

(2)  Commission Implementing Regulation (EU) No 277/2014 of 19 March 2014 derogating from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for the ‘volantina’ trawlers fishing in the territorial waters of Slovenia (OJ L 82, 20.3.2014, p.1).

(3)  Commission Implementing Regulation (EU) 2017/2383 of 19 December 2017 extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for the ‘volantina’ trawlers fishing in the territorial waters of Slovenia (OJ L 340, 20.12.2017, p. 32).

(4)  Commission Implementing Regulation (EU) 2022/511 of 30 March 2022 extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for the ‘volantina’ trawlers fishing in the territorial waters of Slovenia (OJ L 103, 31.3.2022, p. 7).

(5)  Decision No 34200-2/2021/3 of 18.8.2021.

(6)  Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) No 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).

(7)  Scientific, Technical and Economic Committee for Fisheries (STECF) – 71st Plenary report (STECF-PLEN-22-03). Publications Office of the European Union, Luxembourg, 2022 (https://stecf.jrc.ec.europa.eu/documents/43805/43440856/STECF+PLEN+22-03.pdf/d0acb3d4-6b6a-4067-9d08-0b6004660e25).

(8)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).