Title II, Chapter III, Article 41 · Regulation (EU) 2023/2124

Contents

Article 41Minimum depth for harvesting#

1.The harvesting of red coral shall be prohibited at depths of less than 50 metres.

2.The Commission is empowered to adopt delegated acts supplementing this Regulation in accordance with Article 140 of this Regulation and Article 18(1) to (6) of Regulation (EU) No 1380/2013 in order to grant derogations from paragraph 1 of this Article.

3.Joint recommendations to be submitted pursuant to Article 18(1) of Regulation (EU) No 1380/2013 with a view to a derogation as referred to in paragraph 2 of this Article shall be accompanied by:

(a)detailed information on the national management framework;

(b)the scientific or technical justifications;

(c)the list of fishing vessels, or the number of authorisations granted, as regards the harvesting of red coral at depths of less than 50 metres; and

(d)the list of fishing zones where such harvesting is authorised, as identified by geographic coordinates both on land and at sea.

4.Derogations referred to in paragraph 2 of this Article shall be granted if the following conditions are satisfied:

(a)such derogations have been implemented continuously by means of management rules during at least five years before 18 April 2020; or

(b)in case of a new derogation, it shall be supported by the SAC, demonstrating that the request is in line with the objectives of this Chapter.

5.The Commission shall inform the GFCM Secretariat of the measures adopted pursuant to paragraph 2.