Commission Implementing Regulation (EU) 2019/1248Show full title

Article 2 U.K. Emergency measures

1. It shall be prohibited for Union fishing vessels to fish for cod in ICES subdivisions 24, 25 and 26, and to retain on board, transfer, tranship, process on board or land cod and fisheries products from cod caught in that area.

2. By way of derogation from paragraph 1, the prohibition to fish for cod shall not apply to Union fishing vessels of less than 12 meters length overall fishing with gillnets, entangling nets or trammel nets, or with bottom set lines, longlines (except drifting lines), handlines and jigging equipment or similar passive gear in subdivision 24 up to six nautical miles measured from the baselines in areas where the water depth is less than 20 meters according to the coordinates on the official sea chart issued by the competent national authorities.

3. The vessels referred to in paragraph 2 shall ensure that their fishing activity can be monitored at any time. Catches of cod by those vessels shall be recorded, landed and counted against the relevant quota in accordance with Article 15 of Regulation (EU) No 1380/2013.

4. By way of derogation from paragraph 1, the following Union fishing vessels shall bring and retain on board any by-catches of cod:

(a) Union vessels fishing with trawls, Danish seines or similar gear of a mesh size not exceeding 45 mm in subdivisions 24, 25 and 26;

(b) Union fishing vessels of less than 12 meters length overall fishing with gillnets, entangling nets or trammel nets, or with bottom set lines, longlines (except drifting lines), handlines and jigging equipment or similar passive gear:

(i)

in subdivisions 25-26; or

(ii)

in subdivision 24, up to six nautical miles measured from the baselines in areas where the water depth is more than 20 meters according to the coordinates on the official sea chart issued by the competent national authorities, and, irrespective of the water depth, beyond six nautical miles measured from the baselines.

5. The vessels referred to in paragraph 4(b) shall ensure that their fishing activity can be monitored at any time. The incidental by-catches of cod made by those vessels shall not represent more than 10 % of total catch live weight of all marine biological resources landed after each fishing trip.

6. The derogation set out in paragraph 4(b) shall only apply to Union fishing vessels that have recorded catches of cod over the period from 1 January 2018 to 30 June 2019. In the case of a replacement of a Union fishing vessel covered by that derogation, Member States may allow the derogation to apply to another Union fishing vessel meeting the requirements set out in paragraph 4(b) provided that the number of Union fishing vessels covered by the derogation and their overall fishing capacity do not increase.

7. By-catches referred to in paragraph 4 shall be recorded, landed and counted against the relevant quota in accordance with Article 15 of Regulation (EU) No 1380/2013.