Commission Delegated Regulation (EU) 2022/2289 of 18 August 2022 amending Delegated Regulation (EU) 2020/2014 as regards exemptions to the landing obligation for certain fisheries in the North Sea for 2023
Date: 2022-08-18
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, North Sea, catch area, catch by species, deep-sea fishing, discarded fish, fishery management, fishing controls, fishing industry, sea fish








L_2022303EN.01000601.xml










23.11.2022   


EN


Official Journal of the European Union


L 303/6








            COMMISSION DELEGATED REGULATION (EU) 2022/2289
of 18 August 2022
         
amending Delegated Regulation (EU) 2020/2014 as regards exemptions to the landing obligation for certain fisheries in the North Sea for 2023


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (1), and in particular Article 11 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2020/2014 (2) provides details on how to implement the landing obligation for certain fisheries in the North Sea for the period 2021-2023.












(2)


Pursuant to Delegated Regulation (EU) 2020/2014, certain exemptions to the landing obligation are applicable until 31 December 2022. In these cases, Member States having a direct management interest were to submit, as soon as possible and not later than 1 May 2022, additional scientific evidence supporting the exemption. The Scientific, Technical and Economic Committee for Fisheries (‘STECF’) is to assess the submitted evidence by 31 July 2022.












(3)


Belgium, Denmark, France, Germany, the Netherlands and Sweden (‘Scheveningen Group’), after consulting the North Sea Advisory Council (‘NSAC’) and the Pelagic Advisory Council (‘PELAC’), submitted a joint recommendation to the Commission on 2 May 2022.












(4)


The STECF reviewed (3) the joint recommendation between 16 and 20 May 2022. The Commission presented the draft delegated act to the Fisheries and Aquaculture Expert Group consisting of representatives of the Member States on 20 July 2022 at a meeting attended by the European Parliament as an observer.












(5)


Article 8 of Delegated Regulation (EU) 2020/2014 grants until 31 December 2022 a survivability exemption for turbot (Scophthalmus maximus) caught with beam trawls (TBB) with a cod-end equal to or larger than 80 mm in the Union waters of International Council for the Exploration of the Sea (‘ICES’) subarea 4.












(6)


The joint recommendation requested an extension of this exemption until 31 December 2023.












(7)


The STECF noted that both catches and discards display a decreasing trend in recent years. The STECF recognised that ICES advice indicates that the turbot stock in the North Sea is in good condition and that the impact of the exemption until 31 December 2023 would be limited, given the low level of discards and assuming survival rates in the range of 38-75 %. The STECF further observed the launch of a research project on turbot survivability, whose preliminary results in 2023 are expected to be relevant to this exemption.












(8)


For the reasons given by the STECF, with which the Commission agrees, the exemption should therefore be granted until 31 December 2023, which will also allow sufficient time for the completion of the ongoing research project aiming to improve the information on turbot discards and survivability. Members States are requested to submit the results of this project for assessment by the STECF no later than 1 May 2023.












(9)


Article 10 of Delegated Regulation (EU) 2020/2014 grants until 31 December 2022 a survivability exemption for mackerel and herring caught with purse seines under certain conditions related to the equipment of the vessel and gear with an electronic recording and documenting system, the fitting of the gear, and releasing of the catches in ICES divisions 2a, 3a and subarea 4.












(10)


The joint recommendation requested an extension of this exemption until 31 December 2023.












(11)


The STECF noted that, in the absence of new supporting information, the survival estimates of 70 % for mackerel and herring reported in the STECF PLEN 14-02 remain valid. The STECF further recognised the relevance of temporal coherence in the extension of similar exemptions between the neighbouring North Western Waters and North Sea. The STECF also underlined that the grant of the exemption until 31 December 2023 should be subject to further evaluation as part of the wider review of the landing obligation planned for 2023, to assess whether the survival estimates are still valid, the impact of the exemption on the stocks and its use by the fleets concerned.












(12)


For the reasons given by the STECF, with which the Commission agrees, the exemption should therefore be granted until 31 December 2023, which will also ensure alignment and consistency between the North Sea and North Western Waters. Members States are requested to submit additional data on mackerel and herring survivability for assessment by the STECF no later than 1 May 2023, to support the evaluation of this exemption in 2023 review of the landing obligation.












(13)


Article 11(10) of Delegated Regulation (EU) 2020/2014 grants until 31 December 2022 a de minimis exemption for a quantity of whiting below the minimum conservation reference size caught in demersal mixed fisheries with bottom trawls or seines (OTB, OTT, SDN, SSC) with a mesh size of 70-99 mm (TR2) in the Union waters of ICES divisions 4a and 4b.












(14)


The joint recommendation requested an extension of this exemption until 31 December 2023.












(15)


The STECF noted that, although the data provided refers to a much wider area than that of ICES divisions 4a and 4b, the exemption appears to cover only a part of the unwanted catches and therefore improving selectivity should remain the priority. The STECF also recognised that the ongoing studies on fish behaviour to light carried out by different Member States in different fisheries create new possibilities for selectivity trials to reduce unwanted catches and encourage further work on this research field, whose results should be collated to identify the fisheries where such technology could be best utilised.












(16)


For the reasons given by the STECF, with which the Commission agrees, the exemption should therefore be granted until 31 December 2023, which will also allow sufficient time for the completion of the ongoing studies on fish behaviour to light. Members States are requested to submit the results of these studies for assessment by the STECF no later than 1 May 2023.












(17)


Article 11(12) of Delegated Regulation (EU) 2020/2014 grants until 31 December 2022 a de minimis exemption for a combined quantity of mackerel, horse mackerel, herring and whiting caught in pelagic fisheries by pelagic trawlers up to 25 meters in length overall, using mid-water trawls (OTM/PTM), and targeting mackerel, horse mackerel and herring in ICES divisions 4b and 4c south of 54 degrees north.












(18)


The joint recommendation requested an extension of this exemption until 31 December 2023.












(19)


The STECF recognised that further improving selectivity would be difficult and sorting catches would have high costs due to the nature of the species and fisheries involved. The STECF also noted the inter-annual variability in catch composition and discard levels and highlighted the difficulty in monitoring discards under this exemption, given that vessels can use different gears during the same fishing trip












(20)


For the reasons given by the STECF, with which the Commission agrees, the exemption should therefore be granted until 31 December 2023, which will also allow sufficient time to improve monitoring and gather additional information on catches and discards separated for each gear type used by this fleet. Members States are requested to submit this additional information for assessment by the STECF no later than 1 May 2023.












(21)


Article 11(13) of Delegated Regulation (EU) 2020/2014 grants until 31 December 2022 a de minimis exemption for a combined quantity of sprat, sandeel, Norway pout and blue whiting caught in the demersal mixed fishery with trawls (OTB, OTM, OTT, PTB, PTM, SDN, SPR, SSC, TB, TBN) with mesh sizes above 80 mm in ICES division 3a and ICES subarea 4 and in the fishery for Northern prawn using gears with a sorting grid with a maximum bar spacing of 19 mm or equivalent selectivity device and a fish retention device with mesh sizes above 35 mm in ICES division 3a and 32 mm in ICES subarea 4.












(22)


The joint recommendation requested an extension of this exemption until 31 December 2023.












(23)


The STECF noted that bycatches of those industrial species are very low in the demersal human consumption fisheries. The STECF also recognised the difficulty in further improving selectivity in these fisheries.












(24)


For the reasons given by the STECF, with which the Commission agrees, the exemption should therefore be granted until 31 December 2023.












(25)


Article 11(14) of Delegated Regulation (EU) 2020/2014 grants until 31 December 2022 a de minimis exemption for a quantity of ling (Molva molva) below the minimum conservation reference size, caught in the demersal fishery for hake using longlines (LLS) in ICES subarea 4.












(26)


The joint recommendation requested an extension of this exemption until 31 December 2023.












(27)


The STECF noted that the information provided reports low discards of ling in the longline fishery, which indicates little impact on the stock. The STECF also recognised that difficulties in further improving selectivity are credible given the nature of the fishery and the quite low discards covered by the exemption.












(28)


For the reasons given by the STECF, with which the Commission agrees, the exemption should therefore be granted until 31 December 2023.












(29)


Article 11(15) of Delegated Regulation (EU) 2020/2014 grants until 31 December 2022 a de minimis exemption for a quantity of horse mackerel (Trachurus spp.) caught in the demersal mixed fishery with bottom trawls (OTB, OTT, PTB) with a mesh size between 80 and 99 mm (TR2) in ICES divisions 4b and 4c.












(30)


The joint recommendation requested an extension of this exemption until 31 December 2023.












(31)


The STECF noted that discarding in these fisheries is high and this exemption seems to cover only a part of the unwanted catches, therefore further improving selectivity should remain the priority. The STECF also recognised that although based on average discards over the period 2013-2016, the estimated costs for landing unwanted catches of horse mackerel are significant.












(32)


For the reasons given by the STECF, with which the Commission agrees, the exemption should therefore be granted until 31 December 2023, which will also allow sufficient time to test further improvements in gear selectivity and assess their implementation by the fleets involved in these mixed fisheries. Member States are requested to perform new selectivity trials and to submit additional relevant and updated information for assessment by the STECF no later than 1 May 2023, to support the evaluation of this exemption in the 2023 review of the landing obligation.












(33)


Article 11(16) of Delegated Regulation (EU) 2020/2014 grants until 31 December 2022 a de minimis exemption for a quantity of mackerel (Scomber scombrus) caught in the demersal mixed fishery with bottom trawls (OTB, OTT, PTB) with a mesh size between 80 and 99 mm (TR2) in ICES divisions 4b and 4c.












(34)


The joint recommendation requested an extension of this exemption until 31 December 2023.












(35)


The STECF noted that discarding in these fisheries is high and therefore further improving selectivity should remain the priority. Nevertheless, the STECF also recognised the difficulty to improve selectivity without causing significant commercial losses for vessels operating in such mixed fisheries.












(36)


For the reasons given by the STECF, with which the Commission agrees, the exemption should therefore be granted until 31 December 2023, which will also allow sufficient time to test further improvements in gear selectivity and assess their implementation by the fleets involved in these mixed fisheries. Member States are requested to perform new selectivity trials and to submit additional relevant and updated information for assessment by the STECF no later than 1 May 2023, to support the evaluation of this exemption in the 2023 review of the landing obligation.












(37)


Article 11(17) of Delegated Regulation (EU) 2020/2014 grants until 31 December 2022 a de minimis exemption for a quantity of blue whiting (Micromesistius poutassou) caught in the industrial pelagic trawler fishery targeting this species in ICES subarea 4, and processing it on board to obtain surimi base.












(38)


The joint recommendation requested an extension of this exemption until 31 December 2023.












(39)


The STECF noted that unwanted catches of blue whiting in the industrial pelagic fishery are relatively small and will not have an impact on the overall stock. The STECF also recognised that further improving selectivity may lead to unaccounted mortality due to the likely low survivability of escaping blue whiting. In addition, the STECF noted the costs of handling unwanted catches on board.












(40)


For the reasons given by the STECF, with which the Commission agrees, the exemption should therefore be granted until 31 December 2023.












(41)


The joint recommendation requested a new de minimis exemption for a quantity of Northern prawn (Pandalus borealis) caught in the demersal fishery with trawls (OTB, OTM, OTT, PTB, PTM, SDN, SPR, SSC, TB, TBN) with mesh sizes above 70mm in ICES division 3a fitted with a sorting grid with a maximum bar spacing of 35 mm or equivalent selectivity device, and above 80 mm in ICES subarea 4.












(42)


The STECF noted that, given the low discard rates and volumes, the impact of the exemption is likely to be minimal in the overall context of the fishery. The STECF also recognised that further improving selectivity to reduce such small bycatch is difficult to achieve in practice.












(43)


For the reasons given by the STECF, with which the Commission agrees, the exemption should therefore be granted until the expiration date of the discard plan on 31 December 2023.












(44)


As the measures provided for in this Regulation have a direct impact on the planning of the fishing season for Union vessels and on related economic activities, this Regulation should enter into force immediately upon publication. It shall apply from 1 January 2023,





HAS ADOPTED THIS REGULATION:



Article 1
Delegated Regulation (EU) 2020/2014 is amended as follows:






(1)


Articles 8(2) and 10(6) are deleted;










(2)


Article 11 is amended as follows:






(a)


point (10) is replaced by the following:






‘(10)


in the mixed demersal fisheries by vessels using bottom trawls or seines (OTB, OTT, SDN, SSC) with a mesh size of 70-99 mm (TR2) in the Union waters of ICES divisions 4a and 4b:
a quantity of whiting below the minimum conservation reference size, which shall not exceed 4 % of the total annual catches of whiting;’;














(b)


point (12) is replaced by the following:






‘(12)


in pelagic fisheries carried out by pelagic trawlers up to 25 meters in length overall, using mid-water trawls (OTM/PTM), and targeting mackerel, horse mackerel and herring in ICES divisions 4b and 4c south of 54 degrees north;
a combined quantity of mackerel, horse mackerel, herring and whiting that shall not exceed 1 % of the total annual catches of mackerel, horse mackerel, herring and whiting;’;














(c)


point (13) is replaced by the following:






‘(13)


in the demersal mixed fishery with trawls (OTB, OTM, OTT, PTB, PTM, SDN, SPR, SSC, TB, TBN) with mesh sizes above 80 mm in ICES division 3a and ICES subarea 4 and in the fishery for Northern prawn carried out using gears with a sorting grid with a maximum bar spacing of 19 mm or equivalent selectivity device and a fish retention device with mesh sizes above 35 mm in ICES division 3a and 32 mm in ICES subarea 4:
a combined quantity of sprat, sandeel, Norway pout and blue whiting, which shall not exceed 1 % of the total annual catches made in demersal mixed fishery and in the fishery for Northern prawn;’;














(d)


point (14) is replaced by the following:






‘(14)


in the demersal fishery for hake by vessels using longlines (LLS) in ICES subarea 4:
a quantity of ling (Molva molva) below the minimum conservation reference size, which shall not exceed 3 % of the total annual catches of ling made in that demersal fishery;’;














(e)


point (15) is replaced by the following:






‘(15)


in the demersal mixed fishery with bottom trawls (OTB, OTT, PTB) with a mesh size between 80 and 99 mm (TR2) in ICES divisions 4b and 4c:
a quantity of horse mackerel (Trachurus spp.), which shall not exceed 6 % in 2021 and 2022 and 5 % in 2023 of the total annual catches of horse mackerel made in that fishery;’;














(f)


point (16) is replaced by the following:






‘(16)


in the demersal mixed fishery with bottom trawls (OTB, OTT, PTB) with a mesh size between 80 and 99 mm (TR2) in ICES divisions 4b and 4c:
a quantity of mackerel (Scomber scombrus), which shall not exceed 6 % in 2021 and 2022 and 5 % in 2023 of the total annual catches of mackerel made in that fishery;’;














(g)


point (17) is replaced by the following:






‘(17)


in the industrial pelagic trawler fishery targeting blue whiting in ICES subarea 4, and processing that species on board to obtain surimi base:
a quantity of blue whiting (Micromesistius poutassou), which shall not exceed 5 % of the total annual catches of blue whiting;’;














(h)


the following point (18) is added:






‘(18)


in the demersal fishery with trawls (OTB, OTM, OTT, PTB, PTM, SDN, SPR, SSC, TB, TBN) with a mesh size above 70 mm in ICES division 3a fitted with a sorting grid with a maximum bar spacing of 35 mm or equivalent selectivity device, and above 80 mm in ICES subarea 4:
a quantity of Northern prawn (Pandalus borealis), which shall not exceed 0,01 % of the total annual catches made in that fishery.’.














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 to 31 December 2023.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 August 2022.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, p. 1).

(2)  Commission Delegated Regulation (EU) 2020/2014 of 21 August 2020 specifying details of implementation of the landing obligation for certain fisheries in the North Sea for the period 2021-2023 (OJ L 415, 10.12.2020, p. 10).

(3)  https://stecf.jrc.ec.europa.eu/documents/43805/26710926/STECF+22-05+-+Eval+JRs+Lo+and+TM.pdf/68ecb905-d160-41d8-b784-70ec5ce74c15