(4)

Article 14 is replaced by the following: ‘Article 14 Remedial measures for cod in the North Sea 1. The closed areas to fishing, except with pelagic gear (purse seines and trawls), and the periods during which the closures apply are set out in Annex IV. 2. Vessels fishing with bottom trawls and seines with minimum mesh size of at least 70 mm in 4a and 4b or at least 90 mm in 3a, and longlines (6) shall be prohibited from fishing in Union waters of ICES division 4a, North of latitude 58° 30′ 00″ N and South of latitude 61° 30′ 00″ N and in Union waters of ICES divisions 3a.20 (Skagerrak), 4a and 4b, North of latitude 57° 00′ 00″ N and East of longitude 5° 00′ 00″ E. 3. By way of derogation from paragraph 2, fishing vessels referred to in paragraph 2 may fish in the areas referred to in paragraph 1 provided that they fulfil at least one of the following criteria: (a) the percentage of cod catches does not exceed 5 % of the total catches per fishing trip; vessels with cod catches that have not exceeded 5 % of their total catches in the period 2017-2019 are presumed to comply with this criterion provided that they continue to use the same gear which they used in that period; this presumption may be rebutted; (b) a regulated and highly selective bottom trawl or seine is used, which results, according to a scientific study, in at least a 30 % reduction of cod catches compared to vessels fishing with the baseline mesh size for towed gears as specified in point 1.1 of Part B of Annex V of Regulation (EU) 2019/1241; such studies may be evaluated by STECF; in the case of a negative evaluation by STECF, these gears shall no longer be considered as valid for use in the areas defined in paragraph 2 of this Article; (c) for vessels operating with bottom trawls and seines with mesh sizes equal to or larger than 100 mm (TR1), the following highly selective gears are used: — belly trawls with a minimum belly mesh size of 600 mm; — raised fishing line (0,6 m); — horizontal separating panel with large mesh escape panel; (d) for vessels operating with bottom trawls and seines with mesh sizes equal to or larger than 70 mm in 4a and 90 mm in 3a and less than 100 mm (TR2), the following highly selective gears are used: — horizontal sorting grid with maximum 50 mm bar spacing separating flatfish and roundfish, with an unblocked fish outlet for roundfish; — seltra panel with 300 mm square-mesh size; — sorting grid with maximum 35 mm bar spacing, with an unblocked fish outlet; (e) vessels are subject to a national cod avoidance plan to sustain cod catches in line with the fishing mortality corresponding to the fishing opportunities set, based on scientific advice levels, through spatial or technical measures, or a combination thereof; such plans should be assessed no later than two months following implementation, by STECF in the case of Member States, and by their relevant national scientific body for third countries and where deemed necessary, further revised if such assessments consider that the objective of the plan will not be met. 4. Member States shall enhance monitoring, control and surveillance of vessels referred to in paragraph 2 to control compliance with the conditions specified in points (a) to (e) of paragraph 3. (6) Gear codes: OTB, OTT, OT, TBN, TBS, TB, TX, PTB, SDN, SSC, SX, LL, LLS.’."