(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. Further extensions of that derogation were granted by Commission Implementing Regulations (EU) 2017/2383 (3) and (EU) 2022/511 (4). The most recent extension of the derogation was established by Commission Implementing Regulation (EU) 2023/974 (5).

(2)

On 29 October 2025, the Commission received a request from Slovenia to extend the derogation granted by Implementing Regulation (EU) 2023/974. Slovenia provided a revised management plan, adopted on 26 March 2026 (6) and a report on the monitoring and implementation of the management plan, in line with Implementing Regulation (EU) 2023/974, justifying the extension of the derogation, in line with the requirements of Regulation (EC) No 1967/2006 and Regulation (EU) 2019/1241 of the European Parliament and of the Council (7).

(3)

During its 80th plenary session held in November 2025, the Scientific, Technical and Economic Committee for Fisheries (STECF) (8) assessed the request to further extend the derogation and the implementation report. STECF concluded that the updated management plan is comprehensive and addresses most of the comments previously raised by STECF. In light 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.

(7)

The request concerns fishing activities already authorised by Slovenia and 11 vessels already authorised to fish by Slovenia, included in a list communicated to the Commission.

(8)

Those vessels have a track record in the fishery of more than five years.

(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 1 of Part B of Annex IX to Regulation (EU) 2019/1241, since no square mesh below 40 mm is used in the ‘volantina’ net rigging.

(11)

The ‘volantina’ trawl fishery, a mixed fishery type, cannot be undertaken with other gears other than 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, STECF noted that reported catches of these species remains substantial. 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 concluded that although the proportion of cephalopods catches by this fishery is relatively high, based on the latest implementation report of the plan, it represents a small fraction of the total catches of these species in the North Adriatic Sea, while providing a relevant source of income for the Slovenian fishing fleet.

(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 (9).

(15)

The requested extension of the derogation should therefore be granted.

(16)

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.

(17)

Since the derogation granted by Implementing Regulation (EU) 2023/974 expired on 27 March 2026, in order to ensure legal continuity, this Regulation should apply with effect from 28 March 2026. For reasons of legal certainty, this Regulation should enter into force as a matter of urgency.

(18)

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

(a)

they bear 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)

they have a track record in the fishery of more than five years and do not involve any future increase in the fishing effort provided;

(c)

they hold a fishing authorization and operate under the management plan adopted by Slovenia in accordance with Article 19(2) of Regulation (EC) No 1967/2006.