Article 1
Implementation of the landing obligation
Article 2
Definitions
Article 3
Survivability exemption for Norway lobster
Article 4
Survivability exemption for common sole
Article 5
Survivability exemption for skates and rays
Article 6
Survivability exemption for plaice
Article 7
Survivability exemption for species caught in pots, traps and creels
Article 8
De minimis exemptions
Article 9
Specific technical measures in the Celtic Sea Protection Zone
Article 10
Specific technical measures in the Irish Sea
Article 11
Specific technical measures in the West of Scotland
Article 12
Repeal
Article 13
Expiry
Commission Delegated Regulation (EU) 2019/2239
of 1 October 2019
specifying details of the landing obligation for certain demersal fisheries in North-Western waters for the period 2020-2021
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 , and in particular Article 13 thereof,
Having regard to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 , and in particular Article 15(2) thereof,
Whereas:
(1)
Regulation (EU) No 1380/2013 of the European Parliament and of the Council aims to progressively eliminate discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits.
(2)
Article 9 of Regulation (EU) No 1380/2013 provides for the adoption of multiannual plans containing conservation measures for fisheries exploiting certain stocks in a relevant geographical area.
(3)
Such multiannual plans specify details of the implementation of the landing obligation and may empower the Commission to further specify those details on the basis of joint recommendations developed by Member States.
(4)
Commission Delegated Regulation (EU) 2018/2034 established a discard plan for certain demersal fisheries in the North-Western waters for the period 2019-2021, following a joint recommendation submitted by Belgium, Spain, France, Ireland, the Netherlands and the United Kingdom.
(5)
On 19 March 2019, the European Parliament and the Council adopted Regulation (EU) 2019/472 establishing a multiannual plan for stocks fished in the Western Waters, and for fisheries exploiting those stocks. Article 13 of that Regulation empowers the Commission to adopt delegated acts in order to supplement this Regulation by specifying details of the landing obligation for all stocks of species in the Western Waters to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, as provided for in points (a) to (e) of Article 15(5) of that Regulation (EU) No 1380/2013, on the basis of joint recommendations developed by Member States.Belgium, Spain, France, Ireland, the Netherlands and the United Kingdom have a direct fisheries management interest in the North-Western waters. After consulting the North Western Waters Advisory Council and the Pelagic Advisory Council, those Member States submitted on 6 June 2019 a new joint recommendation to the Commission concerning a discard plan for certain demersal fisheries in the North-Western Waters for the period 2020-2021. The joint recommendation was amended on 22 August 2019.
(6)
The new joint recommendation submitted by the Member States proposed continuation of a number of additional technical measures that aim to increase selectivity and reduce unwanted catches for fisheries or species covered by the landing obligation that were introduced pursuant to Article 15(5)(a) of the Regulation (EU) No 1380/2013 for the years 2019-2021 by Delegated Regulation (EU) 2018/2034.
(7)
On 14 August 2019 a new Regulation (EU) 2019/1241 on the conservation measures of fisheries resources and the protection of marine ecosystems through technical measures came into force. It establishes in Annex VI specific provisions regarding technical measures in North Western Waters, which also include rules on mesh sizes, associated conditions and by-catches. In addition, point 3 of Annex VI of this Regulation refers to Delegated Regulation (EU) 2018/2034. Article 15 of Regulation (EU) 2019/1241 empowers the Commission to adopt delegated acts in order to amend, supplement, repeal or derogate from the technical measures set out in the Annexes to Regulation (EU) 2019/1241, including when implementing the landing obligation.
(8)
Regulation (EU) 2019/1241 does not provide for transitional measures. Therefore, to ensure compatibility between this Delegated Regulation and Regulation (EU) 2019/1241, it is necessary to apply the conditions established in Regulation (EU) 2019/1241, whilst at the same time taking into account the exceptional circumstances involved. Based on the information provided by the Member States, the Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the joint recommendation and concluded that the proposed changes to increase selectivity in the North Western Waters are reasonable and represent an increase in selectivity compared to the gear defined previously. This joint recommendation was developed and submitted by the Member States and assessed by the STECF before the entry into force of Regulation (EU) 2019/1241 and therefore did not refer to that Regulation. Nevertheless, in view of the exceptional circumstances, the Commission considers that on the basis of information available to it at this stage in the joint recommendation and STECF assessment there does not appear to be any element indicating that the additional proposed technical measures would fail to comply with the requirements established for technical measures in Article 15 of Regulation (EU) 2019/1241.
(9)
To increase gear selectivity and reduce unwanted catches in the Celtic Sea, Irish Sea and West of Scotland, it is therefore appropriate to include a number of selective measures for demersal fisheries. Those technical measures should therefore apply for the period 2020-2021.
(10)
Scientific contributions were obtained from relevant scientific bodies and reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) . The Commission presented the measures concerned for a written consultation of the expert group, consisting of 28 Member States and European Parliament as an observer.
(11)
In the cases where the relative amount of dead discards are comparatively low, the Commission considers it to be a pragmatic and prudent approach to fisheries management to allow exemptions on a temporary basis, on the understanding that not to do so would prevent the collection of data which are esssential for the proper and informed management of discards with a view to implementing fully the landing obligation.
(12)
Delegated Regulation (EU) 2018/2034 included a survivability exemption from the landing obligation, as referred to in Article 15(4)(b) of Regulation (EU) No 1380/2013, for Norway lobster caught by pots, traps or creels in ICES subareas 6 and 7, based on scientific evidence which demonstrated high survival rates. That evidence was evaluated in previous years and the STECF concluded that the exemption is justified. The new joint recommendation suggests the continuation of that exemption. Considering that the circumstances have not changed, that exemption should continue to apply for the period 2020-2021.
(13)
Delegated Regulation (EU) 2018/2034 included a survivability exemption for common sole below the minimum conservation reference size (MCRS) caught with 80-99 mm otter trawl gears in ICES division 7d within six nautical miles from the coast and outside identified nursery areas, based on scientific evidence which demonstrated high discard survival rates. That evidence was evaluated in previous years and the STECF has concluded that the evidence was sufficient. The new joint recommendation suggests the continued application of the exemption. Considering that the circumstances have not changed, that exemption should continue to apply for the period 2020-2021.
(14)
Delegated Regulation (EU) 2018/2034 included a survivability exemption for Norway lobster caught using bottom trawls with a mesh size equal to or larger than 100 mm and for Norway lobster caught with bottom trawls with a mesh size of 70-99 mm in combination with selective gear options (TRI and TR2 fisheries) in ICES subarea 7. Member States provided scientific evidence in order to demonstrate high discard survival rates for Norway lobster in that fishery. The evidence was submitted to the STECF which concluded that the survival study made with Seltra trawl provided sufficient data, but that the overall effect on the extensive fishery of Norway lobster with other fishing gears remains difficult to assess. The STECF noted that assuming that a relatively high survival rate applies to all gears, a relatively low discard rate is implied in that fishery. That exemption should therefore apply for the period 2020-2021.
(15)
Delegated Regulation (EU) 2018/2034 included a survivability exemption for Norway lobster caught in ICES division 6a, within twelve nautical miles of the coast, using otter trawls with a mesh size of 80-110 mm. Member States provided scientific evidence in order to demonstrate high discard survival rates for Norway lobster in that fishery. The evidence was submitted to STECF which concluded that the survivability study is robust and indicates a relatively high survival rate. That exemption should therefore apply for the period 2020-2021.
(16)
Delegated Regulation (EU) 2018/2034 included a survivability exemption for skates and rays caught with any gear in ICES subareas 6 and 7, pending the submission of detailed scientific evidence on survival rates for all fleet segments and combinations of gears, areas and species. However, with a few exceptions, the STECF considers the survival rates to be generally robust , but notes that further details are required. In order to collect the relavant data, fishing needs to continue. The exemption may therefore be granted, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. Member States having a direct management interest should submit by 1 May each year: (a) a roadmap developed in order to increase survivability and to fill in the data gaps identified by the STECF, to be annually assessed by the STECF, (b) annual reports on the progress and any modifications or adjustments made to the survivability programmes.
(17)
When considering the survival rates of skates and rays, cuckoo rays (Leucoraja naevus) were found to have a considerably lower survival rate than other species. Furthermore the scientific understanding of the survival pattern of that species appears to be less robust. However, to exclude this species from the exemption would prevent fishing and continued, accurate data collection. Relevant evidence was submitted to the STECF which concluded that two new studies have been started on survival experiments concerning Cuckoo ray, but that more observations will be needed to make a definitive judgement on the survival rates in 1 or 2 years. Therefore, this exemption should be granted for two years and new studies and improved survivability measures should be developed as a matter of urgency and provided to the STECF, for assessment, as soon as possible and not later than by 1 May.
(18)
Delegated Regulation (EU) 2018/2034 included a survivability exemptions for plaice caught with trammel nets or otter trawls in ICES divisions 7d, 7e, 7f and 7g. Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded that survivability study is robust and indicates a relatively high survival rate. That exemption should therefore apply for the period 2020-2021.
(19)
Delegated Regulation (EU) 2018/2034 included a survivability exemption for the species caught in pots, traps and creels in North Western Waters (ICES subareas 5, 6 and 7). Member States provided scientific evidence in order to demonstrate high discard survival rates for species caught in that fishery. The evidence was submitted to the STECF which concluded that the survival of the species discarded from trap and pot fishing is likely to be substantial. That exemption may therefore apply for the period 2020-2021.
(20)
The new joint recommendation suggests an extension of a survivability exemptions for plaice caught in ICES divisions 7a to 7k by vessels using beam trawls, with a maximum engine power of 221 kW, a maximum length of 24 meters, fishing within 12 nautical miles of the coast and with tow durations of no more than 1:30 hours, and by vessels using beam trawls with an engine power of more than 221 kW, using a flip-up rope or benthic release panel. Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF, which concluded that the scientific information is of good quality. The STECF, however, pointed out that the data do not cover all the Member States concerned and that in that fishery survivability is affected by many factors and is highly variable. The STECF noted that new vitality evidence was provided on plaice at the point of discarding in the English South West beam trawl fishery. Member States have developed a three-year project to generate directly observed survival estimates for plaice in ICES divisions 7d, 7f, 7g, however, ICES divisions 7h, 7j, 7k are not covered. That project will contribute to delivering the roadmap and the evidence needed to evaluate the suggested exemption. The STECF noted that Member States should describe how the suggested exemption is linked to the By-catch Reduction Plan for the plaice stocks in ICES divisions 7h, 7j, 7k. Under those circumstances, the exemption should be limited to one year as regards the plaice in ICES divisions 7h, 7j, 7k to still allow the collection of data and the Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. That exemption may therefore be applied to plaice in ICES divisions 7h, 7j, 7k until 31 December 2020 and the Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF.
(21)
The new joint recommendation suggests a survivability exemption for plaice caught with Danish seines in ICES division 7d. Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded that the data of the study on survival rates are reliable and give robust survival estimates for that fishery. That exemption should therefore be included in the new discard plan for the years 2020-2021.
(22)

Delegated Regulation (EU) 2018/2034 included de minimis exemptions from the landing obligation for certain fisheries. The evidence provided by the Member States was reviewed by the STECF which concluded that documents submitted by the Member States contained reasoned arguments demonstrating difficulties in increasing selectivity and disproportionate costs in handling unwanted catches, supported in some cases by qualitative assessments of the costs. Considering that the circumstances have not changed, it is appropriate to continue the de minimis exemptions, in accordance with the percentages proposed in the new joint recommendation, for:
- whiting caught by vessels using bottom trawls and seines with a mesh size equal to or larger than 80 mm (OTB, OTT, OT, PTB, PT, SSC, SDN, SPR, SX, SV, TBN, TBS, TB, TX), pelagic trawls (OTM, PTM) and beam trawls (BTT) with a mesh size of 80-119 mm (BT2) in ICES divisions 7b to 7k,
- common sole caught by vessels using TBB gear with a mesh size of 80-119mm and with increased selectivity (Flemish panel) in ICES divisions 7d, 7e, 7f, 7g and 7h,
- common sole caught by vessels using trammel and gill nets to catch common sole in ICES divisions 7d, 7e, 7f and 7g.
(23)

The new joint recommendation suggested de minimis exemptions from the landing obligation for:
- horse mackerel caught by vessels using bottom trawls, seines and beam trawls in ICES subarea 6 and ICES divisions 7b to 7k,
- mackerel caught by vessels using bottom trawls, seines and beam trawls in ICES subarea 6 and ICES divisions 7b to 7k,
- common sole caught by vessels using beam trawls with a mesh size of 80-119 mm (BT2) with increased selectivity (Flemish panel) in ICES divisions 7a, 7j and 7k,
- demersal mixed fishery caught by vessels targeting brown shrimp and using beam trawls with a mesh size equal to or greater than 31 mm in ICES division 7a,
- megrims below MCRS caught by vessels using bottom trawls with a mesh size of 70-99 mm and beam trawls with a mesh size of 80-119 mm in ICES subarea 7,
- boarfish caught by vessels using bottom trawls in ICES divisions 7b-7c and 7f to 7k,
- greater silver smelt caught by vessels using bottom trawls with a mesh size equal to or greater than 100 mm in ICES division 5b (EU waters) and ICES subarea 6;
- haddock caught by vessels using bottom trawls with a mesh size greater than or equal to 80 mm in ICES divisions 7b-7c and 7e to 7k;
- haddock below MCRS caught by vessels using bottom trawls with a mesh size up to 119 mm in ICES division 6a.
(24)
The evidence by the Member States on the new de minimis exemptions regarding horse mackerel and mackerel caught by vessels using bottom trawls, seines and beam trawls in ICES subarea 6 and ICES divisions 7b to 7k was reviewed by the STECF, which concluded that evidence that landing unwanted catches has associated costs, is not sufficient to demonstrate that those costs are disproportionate. Improving selectivity in the relevant fisheries should be the priority as it will reduce the costs for handling unwanted catches. The STECF also noted that the introduction of the specific technical measures for vessels operating with bottom trawls or seines in the Celtic Sea protection zone may reduce the unwanted catch of horse mackerel, mackerel and other species. The effectiveness of those measures should be monitored. Given the need to continue fishing activity in order to ensure the necessary data collection, those exemptions may be granted for one year, but Member States should be required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible, and not later than by 1 May 2020, for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.
(25)
The evidence provided by Member States on the new de minimis exemption for common sole caught by vessels using beam trawls with Flemish panel in ICES divisions 7d, 7e, 7f, 7g and 7h was reviewed by the STECF, which concluded that the data for other Member States than Belgium and Ireland would be needed. Also the effectiveness of the Flemish panel used in the trails conducted by Member States may be limited and not ensure the reductions of unwanted catches observed in those trials. The STECF notes that additional information to evidence this would be useful, accepting that the Flemish panel as currently used does improve selectivity for the common sole. Given the need to continue fishing activity in order to ensure the necessary data collection with regards to the areas 7h, 7j, 7k that new exemption may be granted for one year, but Member States should be required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible, and not later than by 1 May 2020, for assessment by the STECF. That exemption should therefore be applied provisionally until 31 December 2020.
(26)
The evidence provided by the Member States on the new de minimis exemption regarding demersal mixed fishery made by vessels targeting brown shrimp and using beam trawls in in ICES division 7a, was reviewed by the STECF which concluded that justification for the exemption is that significant increases in selectivity are very difficult to achieve and that the cost of handling the unwanted catch are disproportionate. However, the STECF notes that limited qualitative information is provided to support the exemption and that the information provided might be not representative. Given the information provided, discards may be very low and not require a de minimis deduction. That exemption may therefore apply for the period 2020-2021.
(27)
The evidence provided by the Member States on the new de minimis exemption for megrim below the MCRS caught by vessels using bottom trawls and beam trawls, and boarfish and greater silver smelt caught by vessels using bottom trawls was reviewed by the STECF which concluded that limited data was provided by the Member States and the evidence that landing unwanted catches has an associated cost is not sufficient to demonstrate that those costs are disproportionate. The STECF notes that improving selectivity in the relevant fisheries should be the priority as it would reduce the costs for handling unwanted catches. Given the need to continue fishing activity in order to ensure the necessary data collection, those exemptions may be granted for one year, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.
(28)
The evidence provided by the Member States on the new de minimis exemption for haddock caught by vessels using bottom trawls with a mesh size greater than or equal to 80 mm in ICES subareas 7b-7c and 7e to 7k was reviewed by the STECF which concluded that information provided shows that improvements in selectivity for haddock are difficult to achieve without substantial short-term losses in marketable catches. STECF notes that specific technical measures in the Celtic Sea protection zone are expected to reduce unwanted catches of haddock to a lesser extent, but it is too early to evaluate the possible achievements. Given the need to continue fishing activity in order to ensure the necessary data collection, that exemption may be granted for one year, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. That exemptions should therefore be applied provisionally until 31 December 2020.
(29)
The evidence provided by the Member States on the new de minimis exemption for haddock below MCRS caught by vessels using using bottom trawls with a mesh size up to 119 mm in the West of Scotland Nephrops fishery ICES division 6a was reviewed by the STECF which concluded that the justification for the analysis is based on an analysis of disproportionate cost of handling unwanted catches. STECF notes that the costs seem to be reasonable, however there is no objective means to assess whether they are realistic or can be considered disproportionate. Given the need to continue fishing activity in order to ensure the necessary data collection, that exemption may be granted for one year, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. The Member States concerned should provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. That exemptions should therefore be applied provisionally until 31 December 2020.
(30)
To ensure reliable estimates of discard levels for the purpose of setting total allowable catches (TACs), Member States should, in the cases where the de minimis exemption is based on extrapolation of data-limited situations and partial fleet information, provide accurate and verifiable data for the whole fleet covered by that exemption.
(31)
Under Article 18 of the Regulation (EU) No 1380/2013, the Commission has considered both the the STECF’s assessment and the need for Member States to ensure the full implementation of the landing obligation. In several cases, continued fishing activity and data collection is necessary in order to address the comments made by the STECF. In those cases, it is appropriate to follow a pragmatic and prudent approach to fisheries management by granting exemptions on a temporary basis. Not granting such exemptions would prevent the collection of data which are necessary for the proper and informed management of discards with a view to implementing fully the landing obligation.
(32)
Following the new joint recommendation, it is appropriate to repeal Delegated Regulation (EU) 2018/2034 and to replace it with a new act.
(33)
As the measures provided for in this Regulation have a direct impact on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication. It should apply from 1 January 2020,
HAS ADOPTED THIS REGULATION:
OJ L 83, 25.3.2019, p. 1.
OJ L 198, 25.7.2019, p. 105.
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).
Commission Delegated Regulation (EU) 2018/2034 of 18 October 2018 establishing a discard plan for certain demersal fisheries in North-Western waters for the period 2019-2021 (OJ L 327, 21.12.2018, p. 8).
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
International Council for the Exploration of the Sea.
https://stecf.jrc.ec.europa.eu/documents/43805/1099561/STECF+PLEN+15-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/1099561/STECF+PLEN+15-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2147402/STECF+PLEN+18-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/1099561/STECF+PLEN+15-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf