Article 1 Derogation

The first subparagraph of Article 13(1) of Regulation (EC) No 1967/2006 shall not apply in territorial waters of Spain adjacent to the coast of the Balearic Islands to fishing for transparent and Ferrer’s gobies (Aphia minuta and Pseudaphia ferreri) and Lowbody picarel (Spicara smaris) by boat seines used by vessels fulfilling the following requirements:

1. (a)

   being registered in the maritime census managed by the Directorate-General for Fisheries and Marine Environment of the Balearic Islands;

2. (b)

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

3. (c)

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