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 entered into force. It establishes in Annex I a list of prohibited species, in Annex V specific provisions regarding technical measures established at regional level for the North Sea and in Annex VII specific provisions regarding technical measures established at regional level for the South Western Waters.

Article 2(2) of Regulation (EU) 2019/1241 empowers the Commission to adopt delegated acts in accordance with Article 15 and Article 29 to amend this Regulation by providing that the relevant provisions of Article 13 or parts A or C of Annexes V to X also apply to recreational fishing.

Article 10(4) of Regulation (EU) 2019/1241 empowers the Commission to adopt delegated acts in accordance with Article 29 to amend the list of prohibited species, set out in Annex I.

Annex I sets out the list of prohibited species. Annex V and Annex VII of Regulation (EU) 2019/1241 set out specific technical measures for the North Sea and for the South Western Waters, respectively.

Belgium, Denmark, Germany, France, the Netherlands and Sweden have a direct fisheries management interest in the North Sea. After consulting the North Sea Advisory Council and the Pelagic Advisory Council, those Member States submitted on 4 May 2020 a joint recommendation to the Commission for a delegated act.

Belgium, Spain, France, the Netherlands and Portugal have a direct fisheries management interest in the South Western Waters. After consulting the South Western Waters Advisory Council and the Pelagic Advisory Council, those Member States submitted on 4 May 2020 a joint recommendation to the Commission for a delegated act.

This Regulation aims at incorporating into one single act existing provisions on technical measures that were in the past adopted as part of the discard plans for the North Sea and South-Western Waters, and newly proposed technical measures.

The measures included in this Regulation have been evaluated in accordance with Article 2(2), 10, 15 and Article 18 of Regulation (EU) 2019/1241. Member States provided evidence to demonstrate that the proposals comply with Articles 15(4) and (5) of Regulation (EU) 2019/1241.

The Fisheries Expert Group was consulted on the joint recommendation on 28 July 2020. The European Parliament attended the meeting as an observer.

The joint recommendation submitted by the Member States with an interest in the North Sea (NS joint recommendation) suggested to include berried lobster in the list of species in Annex I of Regulation (EU) 2019/1241 for which there is a prohibition to fish for, retain on board, tranship, land, store, sell, display or offer for sale. The STECF analysed the evidence presented by the Member States and concluded that there is compelling evidence to support the introduction of this measure. The STECF noted that similar measures have been taken in other areas and have produced long-term economic benefits from increased landings of lobster due to stock recovery. The proposed measure should therefore be included in this Regulation.

The NS joint recommendation suggested increasing the minimum conservation reference size for European lobster in the Swedish exclusive economic zone (EEZ) in ICES division 3a. The STECF pointed out that despite no specific evidence for this request, the measure represents an increase of the minimum conservation reference size. With such a measure, the stock will be exploited at a lower intensity, with obvious subsequent benefits for the conservation of the stock. The proposed measure should therefore be included in this Regulation.

The NS joint recommendation also suggested a seasonal closure for commercial and recreational fishery for European lobster in the Swedish exclusive economic zone (EEZ) in ICES division 3a. The STECF analysed the evidence provided by the Member States and noted that, although no specific supporting information was provided allowing to quantify its potential benefit, the measure will represent a reduction in fishing mortality that is likely to have positive benefits on lobster stocks in combination with the other measures proposed. The proposed measure should therefore be included in this Regulation.

The NS joint recommendation suggested a prohibition to fish lobster with gears other than lobster pots in the Swedish exclusive economic zone (EEZ) in ICES division 3a. STECF concluded that, although no specific supporting information was provided allowing to quantify its potential benefit, banning the use of gillnets for targeting lobster and crawfish has had positive effects in other areas and that the measure is likely to have positive benefits on lobster stocks. This measure should therefore be included in this Regulation.

In order to optimise exploitation patterns, increase gear selectivity and reduce unwanted catches it is therefore appropriate to adopt the technical measures submitted by the Member States.

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. Given that certain technical measures adopted as part of discard plans expire at the end of 2020, this Regulation should apply from 1 January 2021,