3.12.2013 [ EN_| 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, 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 Mediter- ranean Sea ('), and in particular Article 13(5) thereof, Whereas: Article 13(1) of Regulation (EC) No 19672006 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. At the request of a Member State, the Commission may allow a derogation from 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. On 8 October 2012 the Commission received a request for derogation from Spain to Article 13(1) of that Regu- lation, for the use of boat seines fishing for Transparent and Ferrer's gobies (Aphia minuta and Pseudaphia ferreri) and lowbody picarel (Spicara smaris), within its territorial waters in the Autonomous Community of the Balearic Islands. The request covers vessels registered in the maritime census managed by the Directorate-General for Rural and Marine Environment of the Balearic Islands which 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 lowbody picarel (Spicara smaris). 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 () O] L 409, 30.12.2006, p. 11. (10) (11) equal or minor capacity in terms of tonnage and power will be able to replace it in the census. The 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 5 to 9 November 2012. 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 the waters of the Balearic Islands (%) in accordance with Article 19(2) of Regulation (EC) No 1967/2006. The derogation requested by Spain complies with the conditions set out in Article 13(5) and (9) of Regulation (EC) No 1967/2006. In particular, given both the limited size of the conti- nental shelf and the spatial distribution of the target species, which is exclusively limited to certain zones in the coastal areas at depths of less than 50 meters, the fishing grounds are limited. Moreover, the fishery cannot be undertaken with other gears, has no significant impact on protected habitats and 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 species and make the selection of the fished species virtually impossible due to their very small size. The derogation requested by Spain affects a limited number of vessels, since only 60 vessels are involved. The fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006 concerning protected habitats since the related Spanish management plan explicitly prohibits fishing above those protected habitats. (%) Decreto 44/2013, de 4 de octubre, por el que establece el Plan de Gestion Pluriinsular para la PESCA con Artes de Tiro Tradicionales en Aguas de las Illes Balears. Butllet{ Oficial de les Illes Balears No 137, 5.10.2013, pg. 47345.