Regulation (EU) 2016/2336 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2016/2336 of the European Parliament and of the Council

of 14 December 2016

establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) Regulation (EU) No 1380/2013 of the European Parliament and of the Council(3) requires that fishing activities are environmentally sustainable in the long term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies. The common fisheries policy (CFP) should apply both the precautionary and the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised and to endeavour to ensure that fisheries activities avoid the degradation of the marine environment. In that context, Article 2(2) and Articles 7, 20 and 22 of that Regulation are also of particular relevance.

(2) The Union is committed to implementing the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, which call on States and Regional Fisheries Management Organisations to ensure the protection of vulnerable deep-sea marine ecosystems from the impact of bottom fishing gears, as well as the sustainable exploitation of deep-sea fish stocks.

(3) The Commission evaluated Council Regulation (EC) No 2347/2002(4) and found, in particular, that the scope of the fleet concerned was too large, that there was a lack of guidance on control in designated ports and on sampling programmes, and that the quality of Member States' reporting of effort levels was too variable. Furthermore, the Commission evaluation concluded that the capacity ceiling, applicable since 2002 and consisting of the aggregate capacity of all the vessels that caught more than 10 tonnes of any mixture of deep-sea species in any of the years between 1998 and 2000, had no substantial positive effect. The capacity ceiling regime should therefore be updated as part of the measures to remedy the shortcomings identified in that Regulation.

(4) For the purpose of maintaining necessary reductions in fishing capacity in deep-sea fisheries and in order to obtain more comprehensive information about deep-sea fishing activities and their impact on the marine environment, fishing for deep-sea species should be made subject to a fishing authorisation. Each application for a fishing authorisation should be accompanied by a detailed description of the intended fishing area, including International Council for the Exploration of the Sea (ICES) and Fishery Committee for the Eastern Central Atlantic (CECAF) subareas, divisions and subdivisions, as well as the type of gears, the intended depth range, the intended frequency and duration of the fishing activity and the names of deep-sea species concerned. The system of fishing authorisations should also contribute to the limitation of the capacity of vessels eligible to fish for deep-sea species. With a view to focusing management measures on the part of the fleet that is the most relevant for deep-sea fisheries, fishing authorisations should be issued according to whether they relate to target or by-catch fishery. The application of the landing obligation established in Regulation (EU) No 1380/2013 should, however, not prevent vessels that catch a small quantity of deep-sea species and that are not currently subject to a deep-sea fishing permit from continuing their traditional fishing activities.

(5) Holders of a fishing authorisation allowing the catch of deep-sea species should cooperate in scientific research activities in order to improve the assessment of deep-sea stocks and research into deep-sea ecosystems.

(6) In order to further enhance the protection of the marine environment, it is appropriate to allow targeted fishing activities only in those areas where deep-sea fishing activity has occurred during the reference period 2009-2011. However, for the purpose of exploratory fisheries, it should be possible for vessels targeting deep-sea species to fish beyond the existing fishing area provided that, according to an impact assessment carried out in accordance with Food and Agriculture Organisation (FAO) guidelines, the extension of the fishing area does not pose a significant risk of a negative impact on vulnerable marine ecosystems (VMEs).

(7) Deep-sea fishing with bottom trawls carries a higher risk for VMEs among the different gears used and reports the highest rates of unintended catch of deep-sea species. In order to minimise negative impacts of such deep-sea fishing activities on the marine ecosystem, fishing with bottom trawls should be limited to waters above a particular depth and fishing with bottom gears should be subject to specific requirements for the protection of VMEs. The use of bottom gears should furthermore be subject to an evaluation after 13 January 2021. In addition, bottom-set gillnets are currently restricted in entering deep-sea fisheries by Council Regulation (EC) No 1288/2009(5).

(8) In order to mitigate the potential damaging impacts of bottom trawling, it is appropriate to permit fishing with bottom trawls only at, or above, a depth of 800 metres. That limit builds on existing industry-led voluntary measures that are applied in Union waters and takes into account the specificities of deep-sea fisheries in Union waters.

(9) In order to minimise the impact of fishing activities occurring in deep-sea waters on VMEs, it is appropriate to provide for a set of measures aiming at reducing encounters with VMEs. In particular, a move-on rule and a reporting obligation should apply where an encounter with a VME occurs. Furthermore, a list of areas where VMEs occur or are likely to occur should be established where fishing with bottom gear is prohibited.

(10) Given that biological information can best be collected by means of harmonised data collection standards, it is appropriate to integrate data collection on deep-sea métiers into the general framework of scientific data collection, while ensuring the provision of additional information necessary to understand the dynamics of fisheries. Funding for the collection of data under this Regulation is available under the terms and principles of the data collection framework provided for in Council Regulation (EC) No 199/2008(6).

(11) Council Regulation (EC) No 1224/2009(7) lays down more stringent control and enforcement requirements that apply in specific circumstances. Fishing for deep-sea species, which are by nature vulnerable to fishing, should thus be subject to higher levels of control. It is also appropriate to provide for specific cases of infringement of CFP rules, which should lead to the withdrawal of a fishing authorisation.

(12) The Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries was approved by Council Decision 81/608/EEC(8) and entered into force on 17 March 1982. That Convention provides for an appropriate framework for multilateral cooperation on the rational conservation and management of fishery resources in international waters of the north-east Atlantic. Management measures adopted in the North-East Atlantic Fisheries Commission (NEAFC) comprise a specific system of measures for the protection of VMEs in the Regulatory Area of the NEAFC. However, in order to ensure continuity of the current modus operandi by Union fishing vessels in NEAFC waters, the currently applicable rules provided for in Regulation (EC) No 2347/2002 concerning the deep-sea fishing permit, designated ports, and communication of information by Member States should continue to apply to deep-sea fishing activities in the Regulatory Area of the NEAFC. Moreover, in order to continue improving the scientific knowledge about those stocks, and as the applicable NEAFC measures do not include observer coverage, it is appropriate to apply the same observer coverage in all areas in the North Sea and CECAF where fishing for deep-sea species occurs.

(13) The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of VME indicators set out in Annex III for the purpose of adapting that list to the latest scientific advice. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(9). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(14) In order to ensure uniform conditions for the implementation of this Regulation in respect of the determination of the existing fishing areas and the establishment and adaptation of the list of areas where VMEs are known to occur or are likely to occur, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(10).

(15) In order to ensure uniform conditions for the implementation of this Regulation in respect of the approval of exploratory deep-sea fisheries, and in respect of the adjustment of the determination of the existing deep-sea fishing area in order to include the locations of the fishing activities conducted under a fishing authorisation issued in accordance with this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised without applying Regulation (EU) No 182/2011.

(16) It is therefore necessary to establish new rules to regulate fishing for deep-sea stocks in the Union waters of the north-east Atlantic and in the international waters within the area of competence of the CECAF,

HAVE ADOPTED THIS REGULATION:

Article 1 U.K. Objectives

This Regulation shall contribute to the achievement of the [F1 fisheries objectives] as far as deep-sea species and habitats are concerned. In addition, it shall aim at:

(a)

improving scientific knowledge on deep-sea species and their habitats;

(b)

preventing significant adverse impacts on VMEs within the framework of deep-sea fishing and ensuring the long-term conservation of deep-sea fish stocks;

(c)

ensuring that F2 ... measures for the purpose of sustainable management of deep-sea fish stocks are consistent with the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72.

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 6 (with Sch. 4 para. 31)

F2 Word in Art. 1(c) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Scope

1. This Regulation applies to fishing activities or intended fishing activities in the following waters:

(a) by [F3 United Kingdom] fishing vessels and third-country fishing vessels in [F3 United Kingdom] waters of the North Sea, of the north-western waters and of the south-western waters as well as [F3 United Kingdom] waters of ICES zone IIa;

(b) by [F3 United Kingdom] fishing vessels in international waters of CECAF areas 34.1.1, 34.1.2 and 34.2.

2. Paragraph 1 of this Article is without prejudice to Article 16(5).

Textual Amendments

F3 Words in Art. 2(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Subject matter

1. This Regulation applies to species that occur in deep-sea waters and that are characterised by a combination of the following biological factors: maturation at relatively old ages, slow growth, long life expectancies, low natural mortality rates, intermittent recruitment of successful year classes and spawning that may not occur every year (‘deep-sea species’).

2. For the purposes of this Regulation, deep-sea species and, among them, most vulnerable species are listed in Annex I.

Article 4 U.K. Definitions

1. For the purposes of this Regulation, the definitions provided for in Article 4 of Regulation (EU) No 1380/2013 and Article 2 of Council Regulation (EC) No 734/2008(11) apply.

2. In addition, the following definitions apply:

(a) ‘ICES zones’ means the zones defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council(12);

(b) ‘CECAF areas’ means the areas defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council(13);

(c) ‘Regulatory Area of the NEAFC’ means the waters subject to the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries which lie beyond the waters under the fisheries jurisdiction of the contracting parties to that Convention;

(d) ‘most vulnerable species’ means the deep-sea species that are indicated in the third column ‘Most vulnerable (x)’ of the table in Annex I;

(e) ‘métier’ means fishing activities targeting certain species by a certain gear in a certain area;

(f) ‘deep-sea métier’ means a métier that targets deep-sea species in accordance with the indications laid down in Article 5(2);

(g) ‘fisheries monitoring centre’ means an operational centre established by a [F4 fisheries administration] and equipped with computer hardware and software enabling automatic data reception, processing and electronic data transmission;

(h) ‘encounters’ means catches of such quantities of VME indicator species that are above the threshold levels set out in Annex IV;

(i) ‘unintended catches’ means incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013, must be landed and counted against quotas either because they are below the minimum conservation reference size or because they exceed the quantities permitted under the catch composition and by-catch rules;

(j) ‘VME indicators’ means those included in Annex III;

(k) ‘existing deep-sea fishing areas’ means the portion of the area referred to in point (a) of Article 2(1), where deep-sea fishing activities have historically occurred and that is determined in accordance with Article 7.

Textual Amendments

F4 Words in Art. 4 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Fishing authorisations

1. Fishing activities targeting deep-sea species shall be subject to a fishing authorisation (the ‘targeting fishing authorisation’). The targeting fishing authorisation shall indicate the deep-sea species that the vessel is authorised to target.

2. For the purpose of paragraph 1, a fishing vessel carrying out a fishing activity shall be deemed to target deep-sea species if its communications about catches (in the logbook, landing declarations, sales notes or similar document) in a calendar year concerned contain at least 8 % of deep-sea species in any fishing trip.

However, this shall not apply to fishing vessels for which the overall recording of deep-sea species in the calendar year concerned is less than 10 tonnes. This subparagraph is without prejudice to paragraph 6.

3. Fishing activities of fishing vessels that, although not targeting deep-sea species, catch deep-sea species as a by-catch, shall be subject to a fishing authorisation (the ‘by-catch fishing authorisation’). The by-catch fishing authorisation shall indicate the deep-sea species that the vessel may encounter as by-catch while targeting other species.

F5 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Fishing vessels not holding any fishing authorisation under this Article [F6 are] prohibited from fishing for deep-sea species in excess of 100 kg in each fishing trip. Deep-sea species caught in excess of 100 kg by such vessels shall not be retained on board, transhipped or landed, except for unintended catches of deep-sea species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, which shall be landed and counted against quotas.

6. A fishing vessel holding a by-catch fishing authorisation and having access to a quota for by-catches of deep-sea species that exceeds by no more than 15 % the threshold of 10 tonnes set out in paragraph 2 of this Article, shall not be considered to be targeting deep-sea species. It shall land such catches and count them against the quota. Unintended catches of deep-sea species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 shall be landed and counted against quotas.

7. This Regulation shall apply mutatis mutandis to issuance of fishing authorisations to third-country fishing vessels pursuant to [F7 Regulation (EU) 2017/2403].

Textual Amendments

F5 Art. 5(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 5(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 5(7) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Capacity management

1. The aggregate fishing capacity measured in gross tonnage and in kilowatts of all [F8 United Kingdom] fishing vessels to which a [F9 fisheries administration] has issued a targeting fishing authorisation shall at no time exceed the aggregate fishing capacity of [F10 United Kingdom fishing vessels], during 2009-2011, whichever year provides the higher figure, which:

(a) have caught 10 tonnes or more of deep-sea species during any of the three calendar years between 2009-2011, whichever year provides the higher figure; and

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Words in Art. 6(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 6(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 6(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(6)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 6(1)(b) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(6)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 6(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F13 Article 7 U.K. Existing deep-sea fishing areas

1. Using relevant VMS records or, if VMS records are not available, other relevant verifiable information, a fisheries administration must seek to establish the locations of the fishing activities of vessels catching more than 10 tonnes each calendar year to which it has granted deep-sea fishing authorisations.

2. On the basis of the information referred to in paragraph 1, as well as on the basis of the best available scientific and technical information, a fisheries administration may, by regulations, determine the existing deep-sea fishing areas.]

Textual Amendments

F13 Art. 7 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. General requirements for applications for fishing authorisations

1. Each application for a fishing authorisation shall be accompanied by a detailed description of the area where the fishing vessel intends to carry out fishing activities, the type of gears, the depth range at which the activities will be carried out, the intended frequency and duration of the fishing activity, as well as the names of the deep-sea species concerned.

2. Targeting fishing authorisations shall only be issued for fishing activities within the existing deep-sea fishing areas.

3. By way of derogation from paragraph 2 of this Article, and until the determination of the existing deep-sea fishing areas in accordance with Article 7, targeting fishing authorisations may be issued provided that the fishing vessel has presented evidence that it had been exercising fishing activities in the deep-sea métier for at least three years before the application for the fishing authorisation is lodged. Such fishing authorisation may be issued only in respect of locations where such previous fishing activities have been carried out.

4. No fishing authorisation shall be issued for the purpose of fishing with bottom trawls at a depth below 800 metres.

[F14 5. By way of derogation from paragraph 2, a fisheries administration may, by regulations, authorise exploratory fisheries in locations outside the existing deep-sea fishing areas provided that—

(a) an impact assessment conducted in accordance with the standards set out in the 2008 FAO International Guidelines for the management of Deep-Sea Fisheries in the High Seas has been produced and, having assessed that impact assessment, the fisheries administration is satisfied it is appropriate to authorise the exploratory fishery in question;

(b) the fisheries administration has obtained advice from a scientific advisory body and, having assessed that advice, the fisheries administration is satisfied it is appropriate to authorise the exploratory fishery in question; and

(c) the authorisation is subject to appropriate mitigation measures to prevent an encounter with or effectively protect VMEs.]

6. [F15 Regulations made under paragraph 5 may], in particular, define:

(a) the area for exploratory fisheries;

(b) the maximum number of vessels and the maximum capacity;

(c) the duration of such fisheries not exceeding one year, renewable once;

(d) the maximum percentage of the total allowable catch of deep-sea species that may be caught in the exploratory fisheries; and

(e) mitigating measures that must be complied with in order to protect VMEs.

7. In order to ensure a collection of representative data that is adequate for the assessment and management of deep-sea fish stocks and of encounters with VMEs, any fishing authorisation issued in accordance with [F16 paragraphs 5 and 6] shall require the presence of scientific observers or remote electronic monitoring on the vessel concerned during the first 12 months of the duration of the fishing authorisation.

8. [F17 A fisheries administration may, by regulations, adjust] the determination of the existing deep-sea fishing area in order to include the locations of the fishing activities conducted under a fishing authorisation issued in accordance with paragraphs 5 and 6 of this Article.

Textual Amendments

F14 Art. 8(5) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 8(6) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 8(7) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 8(8) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Specific requirements for the protection of VMEs

1. This Article shall apply to fishing operations with bottom gears below a depth of 400 metres.

2. Where, in the course of fishing operations, the quantity of VME indicators, as defined in Annex III, that has been caught in that fishing operation exceeds the thresholds defined in Annex IV, an encounter with VMEs shall be considered to have taken place. The fishing vessel shall immediately cease fishing in the area concerned. It shall resume operations only when reaching an alternative area at least five nautical miles from the area in which the encounter occurred.

3. The fishing vessel shall immediately report each encounter with VMEs to the competent F18 ... authorities [F19 of a fisheries administration].

4. [F20 A fisheries administration must] use the best available scientific and technical information, including biogeographical information and the information referred to in paragraph 3, to identify where VMEs are known to occur or are likely to occur. F21 ....

F22 ...

F23 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24 6. On the basis of—

(a) the best scientific and technical information available;

(b) an assessment of areas where VMEs are known to occur or likely to occur, carried out by a competent scientific advisory body; and

(c) any assessments and identifications carried out by a fisheries administration,

a fisheries administration may, by regulations, establish a list of areas where VMEs are known to occur or are likely to occur.

6A. A fisheries administration must review any regulations made under paragraph 6 annually on the basis of advice received from a competent scientific advisory body and, where appropriate, amend the list by regulations. The fisheries administration may remove an area from the list provided that it determines, on the basis of an impact assessment and after consulting the competent scientific advisory body, that there is sufficient evidence to indicate that VMEs are not present, or that appropriate conservation and management measures have been adopted which ensure that significant adverse impacts on VMEs in that area are prevented.

7. A fisheries administration may review, on the basis of the best available scientific information, the VME indicators and may, by regulations, amend the list included in Annex 3.]

8. New impact assessments shall be required if there are significant changes to the techniques used for carrying out fisheries with bottom gear, or where there is new scientific information indicating the presence of VMEs in a given area.

9. Fishing with bottom gears shall be prohibited in all areas listed in accordance with paragraph 6.

Textual Amendments

F18 Word in Art. 9(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 9(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 9(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(7)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 9(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 9(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(7)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F23 Art. 9(5) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(7)(c); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 9(6)(6A)(7) substituted for Art. 9(6)(7) (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K. Application of specific control provisions

Fisheries and fishing activities covered by this Regulation shall also be subject to the provisions in Articles 7, 17, 42, 43 and 45, Article 84(1)(a), Article 95(3), Article 104(1), Article 105(3)(c), Article 107(1), Article 108(1) and Article 115(c) of, and Annex I to, Regulation (EC) No 1224/2009, except where otherwise provided for in this Regulation.

Article 11 U.K. Designated ports

1. [F25 A fisheries administration must] designate the ports in which any landing or transhipment of deep-sea species or any mixture thereof in excess of 100 kg is to take place. F26 ...

2. No quantity of any mixture of deep-sea species in excess of 100 kg may be landed at any place other than the ports which have been designated by [F27 a fisheries administration] pursuant to paragraph 1.

Textual Amendments

F25 Words in Art. 11(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(8)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 11(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 11(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Prior notification

By way of derogation from Article 17 of Regulation (EC) No 1224/2009, the masters of all [F28 United Kingdom] fishing vessels intending to land 100 kg or more of deep-sea species shall, irrespective of the length of the fishing vessel, be required to notify, at least four hours before the estimated time of arrival at port, [F29 the competent authority of a fisheries administration] of that intention. The master or any other person responsible for the operation of vessels of 12 metres in length or less shall notify the competent authorities at least one hour before the estimated time of arrival at port.

Textual Amendments

F28 Words in Art. 12 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 12 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K. Logbook entries in deep waters

1. Where the obligation to keep a logbook applies, masters of [F30 United Kingdom] fishing vessels holding a fishing authorisation in accordance with Article 5(1) or (3) shall, when engaged in a deep-sea métier or when fishing below 400 metres:

(a) draw a new line in the paper logbook after each haul; or

(b) when they are subject to the electronic recording and reporting system, record separately after each haul.

2. Masters of [F30 United Kingdom] fishing vessels shall also record in the vessel's logbook any quantities of deep-sea species listed in Annex I caught, retained on board, transhipped or landed in accordance with Article 5(5), and any quantities of VME indicators listed in Annex III above the thresholds set out in Annex IV, including species compositions and weight, and report those quantities to the competent authorities.

Textual Amendments

F30 Words in Art. 13 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(10); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Withdrawal of fishing authorisations

Without prejudice to Article 7(4) and Article 92 of Regulation (EC) No 1224/2009, and in accordance with Article 90(1) thereof, the fishing authorisations referred to in Article 5(1) and (3) of this Regulation shall be withdrawn for a duration of at least two months in any of the following cases:

(a)

failure to conform to the conditions set in the fishing authorisation with regard to limits on the use of gears, allowed areas of operation or catch limits on the species whose targeting is allowed; or

(b)

failure to take on board a scientific observer or to allow sampling of catches for scientific purposes as specified in Article 16 of this Regulation.

Article 15 U.K. Rules on data collection and reporting

1. Without prejudice to more specific provisions in this Regulation, Regulation (EC) No 199/2008 shall apply.

2. When collecting data on deep-sea métiers in accordance with the general rules on data collection and with the precision levels laid down in the relevant multiannual F31 ... programme for collection and management of biological, technical, environmental, social and economic data, [F32 a fisheries administration must] observe the specific data collection and reporting requirements set out in Annex II for the deep-sea métier.

3. [F33 A fisheries administration must] include the necessary conditions in all fishing authorisations issued in accordance with Article 5 to ensure that the vessel concerned participates, in cooperation with the relevant scientific institute, in any data collection scheme the scope of which would comprise the fishing activities for which authorisations are issued.

4. The master of a vessel, or any other person responsible for the vessel's operation, shall be required to take on board the scientific observer whom [F34 a fisheries administration] has assigned for his vessel, unless this is not possible for security reasons. The master shall facilitate the discharging of the scientific observer's tasks.

F35 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Word in Art. 15(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 15(2) inserted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 15(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 15(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(11)(c); 2020 c. 1, Sch. 5 para. 1(1)

F35 Art. 15(5) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(11)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Observer coverage

1. [F36 A fisheries administration must] establish a programme for observer coverage to ensure the collection of relevant, timely and accurate data on the catch and by-catch of deep-sea species and encounters with VMEs and other relevant information for the effective implementation of this Regulation. Vessels using bottom trawls or bottom set gillnets with a fishing authorisation to target deep-sea species shall be subject to at least 20 % observer coverage, excluding vessels that, for security reasons, are not suitable to receive an observer. All other vessels with an authorisation to catch deep-sea species shall be subject to at least 10 % observer coverage, excluding vessels that, for security reasons, are not suitable to receive an observer.

2. Where an operator has been requested by [F37 a fisheries administration] to receive an observer on board its vessel, the absence of an observer for reasons beyond the control of the operator shall not prevent that vessel from leaving the port.

F38 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from Article 2, this Article shall apply mutatis mutandis to fishing for deep-sea species by vessels using bottom trawls or bottom set gillnets in the Regulatory Area of the NEAFC.

Textual Amendments

F36 Words in Art. 16(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 16(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F38 Art. 16(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(12)(c); 2020 c. 1, Sch. 5 para. 1(1)

F39 Art. 16(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(12)(c); 2020 c. 1, Sch. 5 para. 1(1)

F40 Article 17 U.K. Exercise of the delegation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 Art. 17 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(13); 2020 c. 1, Sch. 5 para. 1(1)

[F41 Article 18 U.K. Regulations

1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 .

3. Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 .

4. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5. A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6. Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7. Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8. Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.]

Textual Amendments

F41 Art. 18 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(5); 2020 c. 1, Sch. 5 para. 1(1)

F42 Article 19 U.K. Evaluation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Art. 19 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(13); 2020 c. 1, Sch. 5 para. 1(1)

Article 20 U.K. Repeal and transitional provisions

1. Regulation (EC) No 2347/2002 is repealed.

2. References to the repealed Regulation shall be construed as references to this Regulation.

3. By way of derogation from paragraph 1 of this Article, Articles 3, 7 and 9 of Regulation (EC) No 2347/2002 shall continue to apply to Union fishing vessels carrying out fishing activities in the Regulatory Area of NEAFC.

4. Special fishing permits issued in accordance with Regulation (EC) No 2347/2002 shall remain valid for a maximum period of one year after 12 January 2017.

F43 Article 21 U.K. Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Art. 21 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(13); 2020 c. 1, Sch. 5 para. 1(1)

F44 ...

Done at Strasbourg, 14 December 2016.

For the European Parliament

The President

M. Schulz

For the Council

The President

I. Korčok

Textual Amendments

F44 Words in Signature omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(13); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I U.K. Deep-sea species

Scientific name	Common name	Most vulnerable (x)
Centrophorus spp.	Gulper sharks
Centroscyllium fabricii	Black dogfish	x
Centroscymnus coelolepis	Portuguese dogfish	x
Centroscymnus crepidater	Longnose velvet dogfish	x
Dalatias licha	Kitefin shark	x
Etmopterus princeps	Greater lanternshark	x
Apristuris spp.	Iceland catshark
Chlamydoselachus anguineus	Frilled shark
Deania calcea	Birdbeak dogfish
Galeus melastomus	Blackmouth dogfish
Galeus murinus	Mouse catshark
Hexanchus griseus	Bluntnose six-gilled shark	x
Etmopterus spinax	Velvet belly
Oxynotus paradoxus	Sailfin roughshark (Sharpback shark)
Scymnodon ringens	Knifetooth dogfish
Somniosus microcephalus	Greenland shark
Alepocephalidae	Smoothheads (Slickheads)
Alepocephalus Bairdii	Baird's smoothhead
Alepocephalus rostratus	Risso's smoothhead
Aphanopus carbo	Black scabbardfish
Argentina silus	Greater silver smelt
Beryx spp.	Alfonsinos
Chaceon (Geryon) affinis	Deep-water red crab
Chimaera monstrosa	Rabbitfish (rattail)
Hydrolagus mirabilis	Large-eyed rabbitfish (Ratfish)
Rhinochimaera atlantica	Straightnose rabbitfish
Coryphaenoides rupestris	Roundnose grenadier
Epigonus telescopus	Black cardinalfish	x
Helicolenus dactilopterus	Bluemouth (Bluemouth redfish)
Hoplostethus atlanticus	Orange roughy	x
Macrourus berglax	Roughhead grenadier (Rough rattail)
Molva dypterigia	Blue ling
Mora moro	Common mora
Antimora rostrata	Blue antimora (Blue hake)
Pagellus bogaraveo	Red (blackspot) seabream
Polyprion americanus	Wreckfish
Reinhardtius hippoglossoides	Greenland halibut
Cataetyx laticeps
Hoplosthetus mediterraneus	Silver roughy (Pink)
Macrouridae other than Coryphaenoides rupestris and Macrourus berglax	Grenadiers (rattails) other than roundnose grenadier and roughhead grenadier
Nesiarchus nasutus	Black gemfish
Notocanthus chemnitzii	Snubnosed spiny eel
Raja fyllae	Round skate
Raja hyperborea	Arctic skate
Raja nidarosiensus	Norwegian skate
Trachyscorpia cristulata	Spiny (deep-sea) scorpionfish
Lepidopus caudatus	Silver scabbardfish (Cutlass fish)
Lycodes esmarkii	Greater eelpout
Sebastes viviparus	Small redfish (Norway haddock)

ANNEX II U.K. Specific data collection and reporting requirements referred to in Article 15(2)

1. [F45 A fisheries administration must] ensure that data collected for an area that comprises both [F46 United Kingdom] waters and international waters are further disaggregated so that they refer to [F46 United Kingdom] waters or international waters separately. U.K.

Textual Amendments

F45 Words in Annex 2 para. 1 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Annex 2 para. 1 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

2. Where the activity in the deep-sea métier overlaps with activity in another métier in the same area, the data collection concerning the former shall be carried out separately from the data collection concerning the latter. U.K.

3. Discards shall be sampled in all deep-sea métiers. The sampling strategy for landings and discards shall cover all the species listed in Annex I, as well as species belonging to the seabed ecosystem such as deep-water corals, sponges or other organisms belonging to the same ecosystem. U.K.

4. An observer deployed on board shall be requested to identify and document the weight of any stony coral, soft coral, sponges or other organisms belonging to the same ecosystem taken on board by the vessel's gear. U.K.

5. Where the applicable multiannual data collection plan requires the collection of fishing effort data in terms of hours fished by trawls and soak time for passive gear, [F47 a fisheries administration must] collect and be ready to present, together with such fishing effort data, the following additional data: U.K.

(a)

geographical location of the fishing activities on a haul-by-haul basis, from VMS data transmitted by the vessel to the fisheries monitoring centre;

(b)

the fishing depths at which the gears are deployed in the event that the vessel is subject to reporting by electronic logbook. The master of the vessel shall notify fishing depth following the standardised reporting format.

Textual Amendments

F47 Words in Annex 2 para. 5 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 27(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX III U.K. VME Indicator species

The following is a list of VME habitat types, with the taxa most likely to be found in those habitats which shall be considered as VME indicators.

VME Habitat type	Representative Taxa
1. Cold-water coral reef
(a) Lophelia pertusa reef	Lophelia pertusa
(b) Solenosmilia variabilis reef	Solenosmilia variabilis
2. Coral garden
(a) Hard bottom garden
(i) Hard bottom gorgonian and black coral gardens	Anthothelidae Chrysogorgiidae Isididae, Keratoisidinae Plexauridae Acanthogorgiidae Coralliidae Paragorgiidae Primnoidae Schizopathidae
(ii) Colonial scleractinians on rocky outcrops	Lophelia pertusa Solenosmilia variabilis
(iii) Non-reefal scleractinian aggregations	Enallopsammia rostrata Madrepora oculata
(b) Soft-bottom coral gardens
(i) Soft-bottom gorgonian and black coral gardens	Chrysogorgiidae
(ii) Cup-coral fields	Caryophylliidae
(iii) Cauliflower coral fields	Flabellidae Nephtheidae
3. Deep-sea sponge aggregations
(a) Other sponge aggregations	Geodiidae Ancorinidae Pachastrellidae
(b) Hard-bottom sponge gardens	Axinellidae Mycalidae Polymastiidae Tetillidae
(c) Glass sponge communities	Rossellidae Pheronematidae
4. Sea pen fields	Anthoptilidae Pennatulidae Funiculinidae Halipteridae Kophobelemnidae Protoptilidae Umbellulidae Vigulariidae
5. Tube-dwelling anemone patches	Cerianthidae
6. Mud- and sand-emergent fauna	Bourgetcrinidae Antedontidae Hyocrinidae Xenophyophora Syringamminidae
7. Bryzoan patches

ANNEX IV U.K.

An encounter with a possible VME is defined as:

(a)

for a trawl tow, and other fishing gear than longlines: the presence of more than 30 kg of live coral and/or 400 kg of live sponge of VME indicators; and

(b)

for a longline set: the presence of VME indicators on 10 hooks per 1 000 hook segment or per 1 200 m section of longline, whichever is the shorter.

(1)

OJ C 133, 9.5.2013, p. 41.

(2)

Position of the European Parliament of 10 December 2013 (not yet published in the Official Journal) and position of the Council at first reading of 18 October 2016 (OJ C 433, 23.11.2016, p. 1). Position of the European Parliament of 13 December 2016 (not yet published in the Official Journal).

(3)

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 (OJ L 354, 28.12.2013, p. 22).

(4)

Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002, p. 6).

(5)

Council Regulation (EC) No 1288/2009 of 27 November 2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011 (OJ L 347, 24.12.2009, p. 6).

(6)

Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (OJ L 60, 5.3.2008, p. 1).

(7)

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

(8)

Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (OJ L 227, 12.8.1981, p. 21).

(9)

OJ L 123, 12.5.2016, p. 1.

(10)

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(11)

Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (OJ L 201, 30.7.2008, p. 8).

(12)

Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).

(13)

Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).