# Commission Delegated Regulation (EU) No 1395/2014Show full title

Commission Delegated Regulation (EU) No 1395/2014 of 20 October 2014 establishing a discard plan for certain small pelagic            fisheries and fisheries for industrial purposes in the North Sea         

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U.K.

# Commission Delegated Regulation (EU) No 1395/2014                     

# of 20 October 2014

# establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea

THE EUROPEAN COMMISSION,

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

Having regard to the 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.

(2)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 with the relevant Advisory                              Councils.

(3)Belgium, Denmark, Germany, France, the Netherlands, Sweden and the United Kingdom have a direct fisheries management interest                              in the North Sea. Those Member States have submitted joint recommendations to the Commission after having consulted the Pelagic                              Advisory Council and the North Sea Advisory Council. Scientific contribution was obtained from relevant scientific bodies.                              The measures included in the joint recommendation comply with Article 15(6) of Regulation (EU) No 1380/2013 and therefore,                              in accordance with Article 18(3) of Regulation (EU) No 1380/2013 they should be included in this Regulation.

(4)As regards the North Sea, according to Article 15(1)(a) of Regulation (EU) No 1380/2013 the landing obligation should apply                              to all vessels engaged in small pelagic fisheries and fisheries for industrial purposes in relation to species caught in those                              fisheries which are subject to catch limits at the latest from 1 January 2015.

(5)In accordance with the joint recommendation, the discard plan should cover certain fisheries for mackerel, herring, horse                              mackerel, blue whiting, greater silver smelt and sprat as well as fisheries for industrial purposes for Norway pout, sprat                              and sand eel in the North Sea from 1 January 2015.

(6)The joint recommendation includes an exemption from the landing obligation for mackerel and herring caught with purse seines                              under certain conditions based on scientific evidence of high survivability in accordance with Article 15(4)(b) of Regulation                              (EU) No 1380/2013. Scientific evidence supporting high survivability was provided by the Scheveningen Group in the joint recommendation,                              which made reference to a number of scientific studies on fish survival from slipping in purse seine fisheries. These studies                              found that survival rates depend on the crowding time and the density of fish within the net, which are typically limited                              in these fisheries. This information was reviewed by the STECF plenary 14-02. STECF concluded that assuming the results of                              the survival studies are representative of survival rates under commercial fishing operations, the proportion of slipped mackerel                              surviving would likely be around 70 % and would result in much lower densities than the density where mortality of herring                              was observed to increase. A prohibition of the release of mackerel and herring before the net is fully taken on board a fishing                              vessel, resulting in the loss of dead or dying fish, is set out in Article 19b(2) of Council Regulation (EU) No 850/98(2). This survivability exemption does not affect the prohibition in force, since the release of the fish will occur at a stage                              of the fishing operation where the fish would have a high survival rate after release. Therefore such an exemption should                              be included in this Regulation.

(7)The joint recommendation also includes a *de minimis* exemption from the landing obligation to avoid disproportionate costs of handling unwanted catches, like storing, labour,                              icing and taking into account the difficulty to increase selectivity for the pelagic fishery targeting mackerel, horse mackerel                              and herring in ICES areas IV b and c south of 54 degrees north. This exemption is based on scientific evidence provided by                              the Member States involved in the joint recommendation and was reviewed by the Scientific, Technical and Economic Committee                              for Fisheries (STECF). STECF found that the joint recommendation presents reasoned qualitative arguments in support of a *de minimis* exemption on the grounds of disproportionate costs of handling unwanted catches. In light of the above and in the absence                              of differing scientific information, it is appropriate to establish the *de minimis* exemption in accordance with the percentage levels proposed in the joint recommendations and at levels not exceeding those                              allowed under Article 15(1)(c) of Regulation (EU) No 1380/2013. Therefore, this exemption should be included in this Regulation.

(8)In order to ensure appropriate control, specific requirements for documentation of catches under the exemptions covered by                              this Regulation should be laid down.

(9)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, it should enter into force immediately after its publication.

(10)This Regulation should apply from 1 January 2015 in order to comply with the time-frame set out in Article 15(1) of Regulation                              (EU) No 1380/2013. In accordance with Article 15(6) of that Regulation, it should apply for no more than three years,

HAS ADOPTED THIS REGULATION:

## Article 1U.K.Subject matter

This Regulation specifies the details for implementing the landing obligation, provided for in Article 15(1) of Regulation                     (EU) No 1380/2013, from 1 January 2015 in the North Sea, as defined in Article 4(2)(a) of that Regulation, in the fisheries                     set out in the Annex to this Regulation.                  

## Article 2U.K.Survivability exemption

1.By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the landing obligation shall not apply to catches                        of mackerel and herring in the purse seine fisheries, if all of the following conditions are met:                  
          -  the catch is released before a certain percentage (set out in paragraphs 2 and 3 below) of the purse seine is closed (‘the                           point of retrieval’),                         
          -  the purse seine gear is fitted with a visible buoy clearly marking the limit for the point of retrieval, 
          -  the vessel and the purse seine gear are equipped with an electronic recording and documenting system when, where and extent                           to which the purse seine has been hauled for all fishing operations.                         

2.The point of retrieval shall be 80 % closure of the purse seine in fisheries for mackerel and it shall be 90 % closure of                        the purse seine in fisheries for herring.                  

3.If the surrounded school consists of a mixture of both species the point of retrieval shall be 80 % closure of the purse seine.                  

4.It shall be prohibited to release catches of mackerel and herring after the point of retrieval.                  

5.The surrounded school of fish shall be sampled before its release to estimate the species composition, the fish size composition                        and the quantity.                  

## Article 3U.K.*De minimis* exemption

By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, up to a maximum of 3 % in 2015 and 2 % for 2016 of                     the total annual catches of mackerel, horse mackerel, herring and whiting in the pelagic fishery with pelagic trawlers up                     to 25 metres in length overall, using mid-water trawl (OTM), targeting mackerel, horse mackerel and herring in ICES areas                     IV b and c south of 54 degrees north, may be discarded.                  

## Article 4U.K.Documentation of catches under the exemptions

1.Quantities of fish released under the exemption provided for in Article 2 and the results of the sampling required under Article                        2(5) shall be reported in the logbook.                  

2.Quantities of fish discarded under the exemption provided for in Article 3 shall be reported in the logbook.                  

## Article 5U.K.Entry into force

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 2015 until 31 December 2017.

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

Done at Brussels, 20 October 2014.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.

### 1.Small pelagic fisheries in ICES IIIa (Skagerrak and Kattegat):U.K.

### 2.Small pelagic fisheries in ICES IV (North Sea).U.K.

### 3.Other fisheries deploying vessels targeting small pelagic species referred to in Article 15(1)(a) of Regulation (EU) No 1380/2013                        that are not covered by points 1 and 2 of this Annex.U.K.

### 4.Fisheries for industrial purposes in Union waters of ICES IIIa and IV:U.K.

1

OJ L 354, 28.12.2013, p. 22.                           

2

OJ L 125, 27.4.1998, p. 1.