(2)

in Part B, the following points 1.3 to 1.6 are added: “1.3. This point applies by way of derogation from points 1.1 and 1.2 1.3.1 The following shall apply to vessels fishing with bottom trawls and seines in ICES divisions 7f, 7g, the part of 7h North of latitude 49° 30′ North and the part of 7j North of latitude 49° 30′ North and East of longitude 11° West: (a) Vessels fishing with bottom trawls or seines shall use gear with one of the following mesh sizes: (i) 110 mm cod-end with 120 mm square-mesh panel; (ii) 100 mm T90 cod-end; (iii) 120 mm cod-end; (iv) 100 mm with 160 mm square-mesh panel; (b) in addition, vessels fishing with bottom trawls whose catches weighed before any discards consist of at least 20 % of haddock shall use: (i) a fishing gear that is constructed with a minimum of one meter spacing between the fishing line and ground gear, or (ii) any means proven to be at least equally selective for avoidance of cod, according to the assessment by ICES or the STECF, and approved by the Commission. Member States may exempt from the application of point (b) vessels fishing with bottom trawls whose catches, weighed before any discards, consist of less than 1,5 % of cod, provided those vessels are subject to a progressive increase of observer coverage at sea up to at least 20 % of all their fishing trips. Member States that make use of this exemption shall report to the Commission each year before 1 December the number and catch-composition of vessels making use of this provision. Member States may exempt from the application of points (a) and (b) vessels that use an alternative highly selective gear provided that the technical attributes of those gears result in the same or higher selectivity as the gears specified in those points, and result in catches of less than 1 % of cod, according to an assessment made by the STECF. Such a gear or device shall comply with the requirements of Article 15(4) and shall be approved by the Commission. 1.3.2 By way of derogation from points 1.1, 1.2 and 1.3.1: (a) vessels operating with bottom trawls or seines with catches comprising more than 30 % of Norway lobster shall use one of the following gears: (i) 300 mm squared mesh panel; vessels below 12 meters in length over all may use a 200 mm square mesh panel; (ii) Seltra panel; (iii) Sorting grid with a 35 mm bar or a similar Netgrid selectivity device; (iv) 100 mm cod-end with a 100 mm square mesh panel; (v) until 31 July 2022, dual cod-end with the uppermost cod-end constructed with T90 mesh of at least 90mm and fitted with a separation panel with a maximum mesh size of 300mm; Member States may allow the use of device in point (v) until the end of December 2022, provided that the technical attributes of this device result in the same or higher selectivity as the other gears specified in points 1.2. and 1.3.1, according to an assessment made by the STECF based on the information provided by the Member States no later than 1 May 2022. Such device shall comply with the requirements of Article 15(4) and shall be approved by the Commission. (b) vessels operating with bottom trawls or seines with catches comprising more than 55 % of whiting or 55 % of anglerfish, hake or megrim combined, shall use one of the following gears: (i) 100 mm cod-end with a 100 mm squared mesh panel; (ii) 100mm T90 cod-end and extension. 1.4. Points 1.4.1 and 1.4.2 shall apply by way of derogation from point 1.2. 1.4.1. The following shall apply to fishing vessels operating with bottom trawls or seines in ICES divisions 6a and 5b, within the Union waters, East of 12°W (West of Scotland) in Norway lobster (Nephrops norvegicus) fisheries: (a) vessels shall use of a square mesh panel (positioning retained) of at least 300 mm for vessels deploying a cod-end mesh size less than 100 mm; for vessels below 12 m in length over all and/or with engine power of 200 kW or less, the panel overall length may be 2 m and the panel 200 mm; (b) vessels with catches comprising more than 30 % of Norway lobster shall use a square mesh panel (positioning retained) of at least 160 mm for vessels deploying a cod-end mesh size of 100-119 mm. By way of derogation from letters (a) and (b) of point 1.4.1, the use of an alternative fishing gear shall be permitted provided such gear results in at least the same or higher selectivity for cod, haddock and whiting, according to an assessment made by the STECF. Such gear shall comply with the requirements of Article 15(4) and shall be approved by the Commission. 1.4.2. The following shall apply to fishing vessels operating with bottom trawls or seines in ICES division 7a (Irish Sea): (a) vessels operating with bottom trawls or seines with a cod-end mesh size equal to or larger than 70 mm and smaller than 100 mm and with catches comprising more than 30 % of Norway lobster shall use one of the following gears: (i) 300 mm square mesh panel; vessels below 12 meters in length over all may use a 200 mm squared mesh panel; (ii) Seltra panel; (iii) Sorting grid with 35 mm bar spacing; (iv) CEFAS Netgrid; (v) Flip-flap trawl; (b) vessels equal to or greater than 12 meters in length overall operating with bottom trawls or seines with catches comprising more than 10 % of haddock, cod and skates and rays combined, shall use 120 mm cod-end; (c) vessels equal to or greater than 12 meters in length over all operating with bottom trawls or seines with catches comprising less than 10 % of haddock, cod and skates and rays combined shall apply a cod-end mesh size of 100 mm with a 100 mm square mesh panel. This provision shall not apply to vessels with catches comprising more than 30 % of Norway lobster or more than 85 % of queen scallops. (d) Vessels operating with bottom trawls or seines may use a 100mm T90 cod-end. By way of derogation from letters (a) to (d) of point 1.4.2, the use of an alternative fishing gear shall be permitted provided such gears result in at least the same or higher selectivity for cod haddock and whiting. Such gears shall be assessed by the STECF and approved by the Commission and shall fulfil the criteria set by Article 15(4). 1.5. The catch percentages in points 1.3 and 1.4 shall be calculated as the proportion by live weight of all marine biological resources landed after each fishing trip, according to Article 15 of Regulation (EU) No 1380/2013 and Article 27(2) of this Regulation. 1.6 Measures in points 1.3 to 1.5 shall be applicable until 31 December 2022.”