{
  "url": "https://openlegislation.uk/eu-regulation-2014-464/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2014-464/introduction.json",
  "legislation": "eur/2014/464",
  "legislation_title": "Commission Implementing Regulation (EU) No 464/2014 of 6 May 2014 derogating from Council Regulation (EC) No 1967/2006 as regards the minimum distance from the coast and the minimum sea depth for boat seines fishing for sand eel (Gymnammodytes cicerelus and G. semisquamatus) and gobies (Aphia minuta and Crystalogobius linearis) in certain territorial waters of Spain (Catalonia)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2014-464",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Regulation (EU) No 464/2014\nof 6 May 2014\nderogating from Council Regulation (EC) No 1967/2006 as regards the minimum distance from the coast and the minimum sea depth for boat seines fishing for sand eel (Gymnammodytes cicerelus and G. semisquamatus) and gobies (Aphia minuta and Crystalogobius linearis) in certain territorial waters of Spain (Catalonia)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving 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, and in particular Article 13(5) thereof,\nWhereas:\n(1)\nArticle 13(1) of Regulation (EC) No 1967/2006 prohibits the use of towed gears within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast.\n(2)\nAt 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, provided that a number of conditions set out in Article 13(5) and(9) are fulfilled.\n(3)\nOn 17 October 2013 the Commission received a request for derogation from Spain to Article 13(1) of that Regulation, for the use of boat seines fishing for sand eel (Gymnammodytes cicerelus and G. semisquamatus) and gobies (Aphia minuta and Crystalogobius linearis), within its territorial waters in the Catalan region.\n(4)\nSpain provided up-to-date scientific and technical justifications for the derogation.\n(5)\nThe Scientific, Technical and Economic Committee for Fisheries (STECF) has assessed the derogation requested by Spain and the related draft management plan at its plenary session held from 4 to 8 November 2013.\n(6)\nThe derogation requested by Spain complies with the conditions set out in Article 13(5) and (9) of Regulation (EC) No 1967/2006.\n(7)\nThere are specific geographical constraints, given both the limited size of the continental shelf and the spatial distribution of the target species which limit the fishing grounds.\n(8)\nThe fishery has no significant impact on marine environment and 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 species and make the selection of the fished species virtually impossible due to their very small size.\n(9)\nThe derogation requested by Spain affects a limited number of only 26 vessels.\n(10)\nThe fishery cannot be undertaken with other gears since there is no other regulated gear that, due to its structure, technical characteristics and the type of mesh used, can capture the target species.\n(11)\nThe management plan guarantees no future increase in the fishing effort, as fishing authorisations will be issued only to specified 26 vessels involving a total effort of 1 106,35 kW that are already authorised by Spain.\n(12)\nThe request covers vessels registered in the maritime census managed by the Autonomous Community of Catalonia which have a track record in the fishery of more than five years and which operate under a management plan adopted by Spain on 27 March 2014 in accordance with Article 19(2) of Regulation (EC) No 1967/2006.\n(13)\nThose vessels are included on a list communicated to the Commission in line with the requirements of Article 13(9) of Regulation (EC) No 1967/2006.\n(14)\nThe fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006 since the related management plan explicitly prohibits to fish above protected habitats.\n(15)\nThe requirements of Article 8(1)(h) of Regulation (EC) No 1967/2006 are not applicable since they relate to trawlers.\n(16)\nAs regards the requirement to comply with Article 9(3) establishing the minimum mesh size, the Commission notes that given the fishing activities concerned are highly selective, have a negligible effect on the marine environment and are not carried out above protected habitats, in line with Article 9(7) of Regulation (EC) No 1967/2006 Spain authorised a derogation from these provisions in its management plan.\n(17)\nThe fishing activities concerned fulfil the recording requirements set out in Article 14 of Council Regulation (EC) No 1224/2009.\n(18)\nThe fishing activities concerned do not interfere with the activities of vessels using gears other than trawls, seines or similar towed nets.\n(19)\nThe activity of boat seines is regulated in the Spanish management plan to ensure that catches of species mentioned in Annex III are minimal.\n(20)\nBoat seines do not target cephalopods.\n(21)\nThe Spanish 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.\n(22)\nThe requested derogation should therefore be granted.\n(23)\nSpain should report to the Commission in due time and in accordance with the monitoring plan provided for in the Spanish management plan.\n(24)\nA limitation in duration of the derogation should be introduced, to allow prompt corrective management measures in case the report to the Commission will show a poor conservation status of the exploited stock.\n(25)\nThe measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 409, 30.12.2006, p. 11."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Diari Oficiale la Generalitat de Catalunya No 6591 of 27.3.2014, page 1."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "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)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2014/464/introduction",
    "retrieved_at": "2026-11-01T14:47:42.587315+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}