# L_2018007EN.01000101.xml

| 12.1.2018 | EN | Official Journal of the European Union | L 7/1 |
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12.1.2018

EN

Official Journal of the European Union

L 7/1

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COMMISSION DELEGATED REGULATION (EU) 2018/44

of 20 October 2017

amending Delegated Regulation (EU) 2016/2374 establishing a discard plan for certain demersal fisheries in South-Western waters

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1), and in particular Articles 15(6) and 18(1) and (3) thereof,

Whereas:

| (1) | Regulation (EU) No 1380/2013 aims to progressively eliminate discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits. |
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(1)

Regulation (EU) No 1380/2013 aims to progressively eliminate discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits.

| (2) | In order to implement the landing obligation, Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt discard plans by means of a delegated act for a period of no more than three years on the basis of joint recommendations developed by Member States in consultation with the relevant Advisory Councils. |
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(2)

In order to implement the landing obligation, Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt discard plans by means of a delegated act for a period of no more than three years on the basis of joint recommendations developed by Member States in consultation with the relevant Advisory Councils.

| (3) | Commission Delegated Regulation (EU) 2016/2374 (2) established a discard plan for certain demersal fisheries in South-Western waters following a joint recommendation submitted by Belgium, Spain, France, the Netherlands and Portugal in 2016. |
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(3)

Commission Delegated Regulation (EU) 2016/2374 (2) established a discard plan for certain demersal fisheries in South-Western waters following a joint recommendation submitted by Belgium, Spain, France, the Netherlands and Portugal in 2016.

| (4) | Belgium, Spain, France, the Netherlands and Portugal have a direct fisheries management interest in South-Western waters. On 2 June 2017 those Member States submitted a new joint recommendation to the Commission, after consultation of the South Western Waters Advisory Council, suggesting certain amendments to the discard plan. |
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(4)

Belgium, Spain, France, the Netherlands and Portugal have a direct fisheries management interest in South-Western waters. On 2 June 2017 those Member States submitted a new joint recommendation to the Commission, after consultation of the South Western Waters Advisory Council, suggesting certain amendments to the discard plan.

| (5) | The new joint recommendation was reviewed by STECF (3). The measures suggested by that joint recommendation comply with Article 18(3) of Regulation (EU) No 1380/2013 and may thus be included in the discard plan. |
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(5)

The new joint recommendation was reviewed by STECF (3). The measures suggested by that joint recommendation comply with Article 18(3) of Regulation (EU) No 1380/2013 and may thus be included in the discard plan.

| (6) | The new joint recommendation suggests that the fisheries of blue whiting (Micromesistius poutassou) caught with bottom trawls and seines in ICES divisions VIIIc and IXa be also included in the discard plan established by Regulation (EU) 2016/2374. |
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(6)

The new joint recommendation suggests that the fisheries of blue whiting (Micromesistius poutassou) caught with bottom trawls and seines in ICES divisions VIIIc and IXa be also included in the discard plan established by Regulation (EU) 2016/2374.

| (7) | The new joint recommendation also suggests to amend the definition of the fishery for anglerfish (Lophiidae) in ICES divisions VIII a, b, d and e and ICES divisions VIIIc and IXa, as set out in the discard plan, by adding a gear code for trammel nets (GTR) and lowering the mesh size for all set nets from 200 to 170 mm. |
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(7)

The new joint recommendation also suggests to amend the definition of the fishery for anglerfish (Lophiidae) in ICES divisions VIII a, b, d and e and ICES divisions VIIIc and IXa, as set out in the discard plan, by adding a gear code for trammel nets (GTR) and lowering the mesh size for all set nets from 200 to 170 mm.

| (8) | The new joint recommendation suggests furthermore to maintain the exemption from the landing obligation granted by the discard plan for Norway lobster caught by trawls in ICES subareas VIII and IX, as existing scientific evidence indicates possible high survival rates, taking into account the characteristics of the gears targeting that species, the fishing practices and the ecosystem. The STECF in its evaluation concluded that the latest experiments and studies, completed by the additional information provided by Member States, show a sufficent evidence on survival rates. Therefore, that exemption granted twice (for the year 2016 and for the year 2017) should be maintained in the year 2018. |
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(8)

The new joint recommendation suggests furthermore to maintain the exemption from the landing obligation granted by the discard plan for Norway lobster caught by trawls in ICES subareas VIII and IX, as existing scientific evidence indicates possible high survival rates, taking into account the characteristics of the gears targeting that species, the fishing practices and the ecosystem. The STECF in its evaluation concluded that the latest experiments and studies, completed by the additional information provided by Member States, show a sufficent evidence on survival rates. Therefore, that exemption granted twice (for the year 2016 and for the year 2017) should be maintained in the year 2018.

| (9) | The de minimis exemption set out in the discard plan for hake, up to a maximum of 6 % in 2018 of the total annual catches of that species by vessels targeting that species in ICES subareas VIII and IX with trawls, is based on the fact that viable increases in selectivity are very difficult to achieve. The STECF concluded that additional selectivity information provided by Member States did contain additional evidence to demonstrate that selectivity is very difficult to achieve for the métiers involved. However, additional work should be carried out in order to improve the justification for this exemption. That exemption should therefore be extended to the year 2018, and under the condition that Member States provide improved information to support this exemption that would be assessed by STECF. |
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(9)

The de minimis exemption set out in the discard plan for hake, up to a maximum of 6 % in 2018 of the total annual catches of that species by vessels targeting that species in ICES subareas VIII and IX with trawls, is based on the fact that viable increases in selectivity are very difficult to achieve. The STECF concluded that additional selectivity information provided by Member States did contain additional evidence to demonstrate that selectivity is very difficult to achieve for the métiers involved. However, additional work should be carried out in order to improve the justification for this exemption. That exemption should therefore be extended to the year 2018, and under the condition that Member States provide improved information to support this exemption that would be assessed by STECF.

| (10) | Delegated Regulation (EU) 2016/2374 should be amended accordingly. |
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(10)

Delegated Regulation (EU) 2016/2374 should be amended accordingly.

| (11) | Since the measures provided for in this Regulation impact directly on the economic activities linked to and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication. It should apply from 1 January 2018, |
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(11)

Since the measures provided for in this Regulation impact directly on the economic activities linked to and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication. It should apply from 1 January 2018,

HAS ADOPTED THIS REGULATION:

Article 1

Delegated Regulation (EC) 2016/2374 is amended as follows:

| (1) | In Article 3(1), point (a) is replaced by the following:






  ‘(a) | for hake (Merluccius merluccius), up to a maximum of 6 % in 2018 of the total annual catches of this species by vessels using trawls and seins (gear codes: OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SDN, SX and SV) to catch hake in ICES subareas VIII and IX.’; |
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(1)

In Article 3(1), point (a) is replaced by the following:

‘(a)

| (2) | in Article 3(2) the year ‘2017’ is replaced by the year ‘2018’; |
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(2)

in Article 3(2) the year ‘2017’ is replaced by the year ‘2018’;

| (3) | the Annex is replaced by the text set out in the Annex to this Regulation. |
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(3)

the Annex is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2017.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 354, 28.1.2013, p. 22.

1

(2)  Commission Delegated Regulation (EU) 2016/2374 of 12 October 2016 establishing a discard plan for certain demersal fisheries in South-Western waters (OJ L 352, 23.12.2016, p. 33).

2

(3)  2017-07_STECF PLEN 17-02_JRCxxx.pdf

3

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ANNEX

Fisheries subject to the landing obligation

1.   Common sole (Solea solea) fisheries

| Fishing zones | Gear Code | Fishing gear description | Mesh Size | Species to be landed |
| --- | --- | --- | --- | --- |
| ICES divisions VIIIa, b, d and e | OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX | All Bottom Trawls | Mesh size between 70 mm and 100 mm wide | All catches of common sole |
| TBB | All Beam trawls | Mesh size between 70 mm and 100 mm wide |
| GNS, GN, GND, GNC, GTN, GTR, GEN | All Trammel nets & Gill nets | Mesh size larger or equal to 100 mm wide |

Fishing zones

Gear Code

Fishing gear description

Mesh Size

Species to be landed

ICES divisions VIIIa, b, d and e

OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX

All Bottom Trawls

Mesh size between 70 mm and 100 mm wide

All catches of common sole

TBB

All Beam trawls

Mesh size between 70 mm and 100 mm wide

GNS, GN, GND, GNC, GTN, GTR, GEN

All Trammel nets & Gill nets

Mesh size larger or equal to 100 mm wide

2.   Common sole (Solea solea) and plaice (Pleuronectes platessa) fisheries

| Fishing zones | Gear Code | Fishing gear description | Mesh Size | Species to be landed |
| --- | --- | --- | --- | --- |
| ICES division IXa | GNS, GN, GND, GNC, GTN, GTR, GEN | All Trammel nets & Gill nets | Mesh size larger or equal to 100 mm | All catches of common sole and plaice |

Fishing zones

Gear Code

Fishing gear description

Mesh Size

Species to be landed

ICES division IXa

GNS, GN, GND, GNC, GTN, GTR, GEN

All Trammel nets & Gill nets

Mesh size larger or equal to 100 mm

All catches of common sole and plaice

3.   Hake (Merluccius merluccius) fisheries

| Fishing zones | Gear Code | Fishing gear description | Mesh Size | Species to be landed |
| --- | --- | --- | --- | --- |
| ICES divisions VIIIa, b, d and e | OTT, OTB, PTB, SDN, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SX, SV | All Bottom Trawls & Seines | Mesh size larger or equal to 100 mm wide | All catches of hake |
| LL, LLS | All Long lines | All |
| GNS, GN, GND, GNC, GTN, GEN | All Gill Nets | Mesh size larger or equal to 100 mm wide |
| ICES divisions VIIIc and IXa | OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SDN, SX, SV | All Bottom Trawls and Seines | Vessels which fulfil the following cumulative criteria:






  1. | Use mesh size larger or equal to 70 mm |

Fishing zones

Gear Code

Fishing gear description

Mesh Size

Species to be landed

ICES divisions VIIIa, b, d and e

OTT, OTB, PTB, SDN, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SX, SV

All Bottom Trawls & Seines

Mesh size larger or equal to 100 mm wide

All catches of hake

LL, LLS

All Long lines

All

GNS, GN, GND, GNC, GTN, GEN

All Gill Nets

Mesh size larger or equal to 100 mm wide

ICES divisions VIIIc and IXa

OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SDN, SX, SV

All Bottom Trawls and Seines

Vessels which fulfil the following cumulative criteria:

1.

Use mesh size larger or equal to 70 mm

| 2. | Total hake landings in the period 2014/2015 (1) consist of: more than 5 % of all landed species and more than 5 metric tons. |
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2.

Total hake landings in the period 2014/2015 (1) consist of: more than 5 % of all landed species and more than 5 metric tons.

All catches of hake

GNS, GN, GND, GNC, GTN, GEN

All Gill Nets

Mesh size between 80 and 99 mm wide

LL, LLS

All Long lines

Hook size bigger than 3,85 cm +/– 1,15 cm length and 1,6 cm +/– 0,4 cm width

4.   Anglerfish (Lophiidae) fisheries

| Fishing zones | Gear Code | Fishing gear description | Mesh Size | Species to be landed |
| --- | --- | --- | --- | --- |
| ICES divisions VIIIa, b, d and e | GNS, GN, GND, GNC, GTN, GEN, GTR | All Trammel nets and Gill Nets | Mesh size larger of equal to 170 mm wide | All catches of anglerfish |
| ICES divisions VIIIc and IXa | GNS, GN, GND, GNC, GTN, GEN, GTR | All Trammel nets and Gill Nets | Mesh size larger of equal to 170 mm wide | All catches of anglerfish |

Fishing zones

Gear Code

Fishing gear description

Mesh Size

Species to be landed

ICES divisions VIIIa, b, d and e

GNS, GN, GND, GNC, GTN, GEN, GTR

All Trammel nets and Gill Nets

Mesh size larger of equal to 170 mm wide

All catches of anglerfish

ICES divisions VIIIc and IXa

GNS, GN, GND, GNC, GTN, GEN, GTR

All Trammel nets and Gill Nets

Mesh size larger of equal to 170 mm wide

All catches of anglerfish

5.   Norway lobster (Nephrops norvegicus) fisheries

| Fishing zones | Gear Code | Fishing gear description | Mesh Size | Species to be landed |
| --- | --- | --- | --- | --- |
| ICES divisions VIIIa, b, d and e (only inside functional units) | OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX | All Bottom Trawls | Mesh size larger or equal to 70 mm | All catches of Norway lobster |
| ICES divisions VIIIc and IXa (only inside functional units) | OTB, PTB, OTT, TBN, TBS, OT, PT, TX TB | All Bottom Trawls | Mesh size larger or equal to 70 mm | All catches of Norway lobster |

Fishing zones

Gear Code

Fishing gear description

Mesh Size

Species to be landed

ICES divisions VIIIa, b, d and e (only inside functional units)

OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX

All Bottom Trawls

Mesh size larger or equal to 70 mm

All catches of Norway lobster

ICES divisions VIIIc and IXa (only inside functional units)

OTB, PTB, OTT, TBN, TBS, OT, PT, TX TB

All Bottom Trawls

Mesh size larger or equal to 70 mm

All catches of Norway lobster

6.   Black scabbardfish (Aphanopus carbo) fisheries

| Fishing zones | Gear Code | Fishing gear description | Mesh Size | Species to be landed |
| --- | --- | --- | --- | --- |
| ICES divisions VIIIc, IX, X and CECAF zone 34.1.2 | LLS, DWS | Deepwater set-longlines | — | All catches of black scabbardfish where the total landings per vessel of all species in 2014 and 2015 (2) consisted of more than 20 % of black scabbardfish |

Fishing zones

Gear Code

Fishing gear description

Mesh Size

Species to be landed

ICES divisions VIIIc, IX, X and CECAF zone 34.1.2

LLS, DWS

Deepwater set-longlines

—

All catches of black scabbardfish where the total landings per vessel of all species in 2014 and 2015 (2) consisted of more than 20 % of black scabbardfish

7.   Red seabream (Pagellus bogaraveo) fisheries

| Fishing zones | Gear Code | Fishing gear description | Mesh Size | Species to be landed |
| --- | --- | --- | --- | --- |
| ICES division IX | LLS, DWS | Deepwater set-longlines | Hook size bigger than 3,95 cm length and 1,65 cm width | All catches of red seabream where the total landings per vessel of all species in 2014 and 2015 (3) consisted of more than 20 % of red seabream |

Fishing zones

Gear Code

Fishing gear description

Mesh Size

Species to be landed

ICES division IX

LLS, DWS

Deepwater set-longlines

Hook size bigger than 3,95 cm length and 1,65 cm width

All catches of red seabream where the total landings per vessel of all species in 2014 and 2015 (3) consisted of more than 20 % of red seabream

8.   Blue whiting (Micromesistius poutassou) fisheries

| Fishing zones | Gear Code | Fishing gear description | Mesh Size | Species to be landed |
| --- | --- | --- | --- | --- |
| ICES divisions VIIIc and IXa | OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SDN, SX, SV | All Bottom Trawls and Seines | All | All catches of blue whiting |

Fishing zones

Gear Code

Fishing gear description

Mesh Size

Species to be landed

ICES divisions VIIIc and IXa

OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SDN, SX, SV

All Bottom Trawls and Seines

All

All catches of blue whiting

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(1)  Reference period for the year 2017. For 2018 the reference period shall be 2015/2016 and for 2019 the reference period shall be 2016/2017.

(2)  Reference period for the year 2017. For 2018 the reference period shall be 2015/2016 and for 2019 the reference period shall be 2016/2017.

(3)  Reference period for the year 2017. For 2018 the reference period shall be 2015/2016 and for 2019 the reference period shall be 2016/2017.

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