02016R2374 — EN — 01.01.2017 — 001.001

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Amended by:









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COMMISSION DELEGATED REGULATION (EU) 2016/2374

of 12 October 2016

establishing a discard plan for certain demersal fisheries in South-Western waters







Article 1

Implementation of the landing obligation

The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in ICES subareas VIII, IX, X and CECAF zones 34.1.1, 34.1.2, 34.2.0 to the fisheries set out in the Annex to this Regulation.

Article 2

Survivability exemption

1. The exemption from the landing obligation provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 for species for which scientific evidence demonstrates high survival rates shall apply to Norway lobster (Nephrops norvegicus) caught in ICES subareas VIII and IX with trawls (gear codes ( 1 ): OTB, OTT, PTB, TBN, TBS, TB, OT, PT and TX).

2. Member States having a direct management interest in south-western waters shall submit, before 1 May 2017, additional scientific information supporting the exemption laid down in paragraph 1. The Scientific, Technical and Economic Committee for Fisheries (STECF) shall assess the provided scientific information before 1 September 2017.

Article 3

De minimis exemptions

1. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities may be discarded:

(a) for hake (Merluccius merluccius), up to a maximum of 7 % in 2017 and up to 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) targeting that species in ICES subareas VIII and IX;

(b) for common sole (Solea solea), up to a maximum of 5 % of the total annual catches of this species by vessels using beam trawl (gear code: TBB) and bottom trawls (gear codes: OTB, OTT, PTB, TBN, TBS, TBB, OT, PT and TX) targeting that species in ICES divisions VIIIa and VIIIb;

(c) for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of this species by vessels using trammel nets and gillnets (gear codes: GNS, GN, GND, GNC, GTN, GTR and GEN) targeting that species in ICES divisions VIIIa and VIIIb.

2. Before 1 May 2017, Member States having a direct management interest in the South-Western waters shall submit to the Commission additional discard data and any other relevant scientific information supporting the exemption laid down in paragraph 1(a). The Scientific, Technical and Economic Committee for Fisheries (STECF) shall assess those data and that information before 1 September 2017.

Article 4

Vessels subject to the landing obligation

Member States shall determine, in accordance with the criteria laid down in the Annex to this Regulation, the vessels subject to the landing obligation for each particular fishery.

Vessels that were subject to the landing obligation in certain fisheries in 2016 shall remain subject to the landing obligation in those fisheries.

Before 31 December 2016, the Member States concerned shall submit to the Commission and other Member States, using the secure Union control website, the lists of vessels determined pursuant the paragraph 1 for each particular fishery set out in Annex. They shall keep those lists updated.

Article 5

Repeal

Delegated Regulation (EU) 2015/2439 is repealed.

Article 6

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 2017 until 31 December 2018.

Article 4 shall apply from the date of entry into force of this Regulation.

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

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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 and100 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







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 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 (1) Reference period will be updated accordingly for subsequent years. For 2018 the reference period will be 2015 and 2016 and for 2019 the reference period will be 2016 and 2017.







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 All Gill Nets Mesh size larger of equal to 200 mm wide All catches of anglerfish ICES divisions VIIIc and IXa GNS, GN, GND, GNC, GTN, GEN All Gill Nets Mesh size larger of equal to 200 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







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







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