Commission Delegated Regulation (EU) 2020/2015Show full title

CHAPTER IV U.K. DE MINIMIS EXEMPTIONS IN NORTH-WESTERN WATERS

Article 13 U.K. De minimis exemptions in the North-Western Waters

1. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities may be discarded in the North-Western Waters pursuant to Article 15(5)(c) of that Regulation, subject to paragraphs 2 to 7:

(a) for whiting (Merlangius merlangus), up to a maximum of 5 % of the total annual catches of that species by vessels using bottom trawls and seines with a mesh size equal to or greater than 80 mm (OTB, OTT, OT, PTB, PT, SSC, SDN, SPR, SX, SV, TBN, TBS, TB, TX), pelagic trawls (OTM, PTM) and beam trawls (BT2) with a mesh size of 80 to 119 mm in ICES divisions 7b to 7k;

(b) for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of that species by vessels using trammel and gill nets (GN, GNS, GND, GNC, GTN, GTR, GEN, GNF) to catch common sole in ICES divisions 7d to 7g;

(c) for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of that species by vessels using TBB gear with a mesh size of 80 to 119 mm equipped with Flemish panel, to catch common sole in ICES divisions 7d to 7h;

(d) for haddock (Melanogrammus aeglefinus), up to a maximum of 5 % of the total annual catches of that species caught:

(i)

by vessels operating with a mesh size greater than or equal to 100 mm for all bottom trawls, seines (OTB, OTT, OT, PTB, PT, SSC, SDN SPR, SX, SV, TBN, TBS, TB, TX) in 7b, 7c and 7e to 7k with catches comprising not more than 30 % Norway lobster and excluding beam trawls;

(ii)

by vessels operating with mesh sizes greater than or equal to 80 mm in 7b, 7c and 7e to 7k with catches comprising more than 30 % of Norway lobster;

(iii)

by vessels operating with beam trawls using mesh sizes greater than or equal to 80 mm in 7b, 7c and 7e to 7k in conjunction with the use of a Flemish panel;

(e) in the demersal mixed fishery carried out by vessels targeting brown shrimp and using beam trawls (TBB) with a mesh size equal to or greater than 31 mm in ICES division 7a:

a combined quantity of fish species below MCRS, which shall not exceed 0,85 % of the total annual catches of plaice and 0,15 % of the total annual catches of whiting in the demersal mixed fisheries;

(f) for boarfish (Caproidae), up to a maximum of 0,5 % of the total annual catches of that species by vessels using bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) in ICES divisions 7b, 7c and 7f to 7k;

(g) for megrim (Lepidorhombus spp.) below MCRS, up to a maximum of 4 % of the total annual catches of those species by vessels using beam trawls (TBB) with a mesh size of 80 to 119 mm (BT2) in ICES subarea 7; and using bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) in the following conditions:

(i)

in ICES divisions 7f, 7g, the part of 7h North of latitude 49° 30′ North and the part of 7j North of latitude 49° 30′ North and East of longitude 11° West, for TR2 vessels with catches comprising more than 55 % of whiting or 55 % of anglerfish, hake or megrim combined;

(ii)

in ICES subarea 7, outside the abovementioned area, for TR2 vessels.

(h) for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of that species by vessels using beam trawls with a mesh size of 80 to 119 mm (BT2) with increased selectivity (Flemish panel) in ICES divisions 7a;

(i) for greater silver smelt (Argentina silus), caught by vessels using bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size greater or equal to 100 mm (TR1) in ICES division 5b (EU waters) and subarea 6, up to 0,6 % of the total annual catches of that species from all gears in those areas.

(j) for horse mackerel (Trachurus spp.), up to a maximum of 3 % of the total annual by-catches of those species, caught in demersal mixed fisheries, by vessels using bottom trawls, seines and beam trawls (OTB, OTT, OT, PTB, PT, SSC, SDN, SPR, SX, SV, TBB, TBN, TBS, TB, TX) in ICES subarea 6 and ICES divisions 7b to 7k;

(k) for mackerel (Scomber scombrus), up to a maximum of 3 % of the total annual by-catches of that species, caught in demersal mixed fisheries, by vessels using bottom trawls, seines and beam trawls (OTB, OTT, OT, PTB, PT, SSC, SDN, SPR, SX, SV, TBB, TBN, TBS, TB, TX) in ICES subarea 6 and ICES divisions 7b to 7k;

(l) for haddock (Melanogrammus aeglefinus) below minimum conservation reference size, up to a maximum of 3 % of the total annual catches of that species by vessels using bottom trawls with a mesh size up to 119 mm (OTB, OTT, OT, TBN, TB) in the West of Scotland Norway lobster (Nephrops Norvegicus) fishery in ICES division 6a provided that vessels use the highly selective gear options described in Article 3(3) of this Regulation.

(m) for blue whiting (Micromesistius poutassou), up to a maximum of 5 % of the total annual catches in the industrial pelagic trawler fishery targeting that species in ICES subareas 5b, 6 and 7 and processing that species on board to obtain surimi base;

(n) for albacore tuna (Thunnus alalunga) in the albacore tuna directed fisheries, up to a maximum of 5 % of the total annual catches using midwater pair trawls (PTM) in ICES subarea 7;

(o) for mackerel (Scomber scombrus), horse mackerel (Trachurus spp.), herring (Clupea harengus) and whiting (Merlangius merlangus), up to a maximum of 1 % of the total annual catches in the pelagic fishery with pelagic trawlers up to 25 metres in length overall, using mid-water trawl (OTM and PTM), targeting mackerel, horse mackerel and herring in ICES division 7d;

2. The de minimis exemption laid down in point (a) of paragraph 1, shall be applicable until 31 December 2021. Member States having a direct management interest shall submit, as soon as possible and not later than by 1 May 2021, additional information on catch composition. The STECF shall assess the provided scientific information by 31 July 2021.

3. The de minimis exemption laid down in point (g) of paragraph 1, shall be applicable until 31 December 2022. Member States having a direct management interest shall submit, as soon as possible and not later than by 1 May 2022 additional information on costs of megrim below MCRS being stored on vessels and fleet data. The STECF shall assess the provided scientific information by 31 July 2022.

4. The de minimis exemption laid downin point (h) of paragraph 1, shall be applicable until 31 December 2022. Member States having a direct management interest in the de minimis exemption shall submit, as soon as possible and not later than by 1 May 2022 additional information on selectivity and the use of this de minimis exemption. The STECF shall assess the provided scientific information by 31 July 2022.

5. Member States having a direct management interest shall submit, as soon as possible and not later than by 1 May 2022 additional information on selectivity and disproportionate costs supporting the exemptions set out in points (f) and (i) to (k) of paragraph 1. The STECF shall assess the provided scientific information by 31 July 2022.

6. Member States having a direct management interest shall submit, as soon as possible and not later than by 1 May 2023 additional information on fishing patterns supporting the exemptions set out in points (m), (n) and (o) of paragraph 1. The STECF shall assess the provided scientific information by 31 July 2023.

7. The de minimis exemptions laid down in points (d), (f) and (i) to (l) of paragraph 1 shall be applicable until 31 December 2022.