Delegated Regulation (EU) 2017/118 is amended as follows:
(1)
Article 2 is replaced by the following:
‘Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply in addition to those laid down in Article 4 of Regulation (EU) No 1380/2013, Article 4 of Regulation (EC) No 1224/2009 and Article 2 of Commission Implementing Regulation (EU) No 404/2011 ( *1 ) :
(1)
“mobile bottom contacting gear” means any of the following gears: bottom trawl, beam trawl, bottom otter trawl, otter twin trawl, bottom pair trawl, nephrops trawl, shrimp trawl, seine net, Danish anchor seine, Scottish seine, Scottish pair seine, boat or vessel seine and dredge;
(2)
“Areas 1” mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex I to this Regulation, which shall be measured according to the WGS84 coordinate system;
(3)
“Areas 2” mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex II to this Regulation, which shall be measured according to the WGS84 coordinate system;
(4)
“Areas 3” mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex IV to this Regulation, which shall be measured according to the WGS84 coordinate system;
(5)
“Bratten” means the geographical area enclosed by sequentially joining with rhumb lines the positions listed in Annex III to this Regulation, which shall be measured according to the WGS84 coordinate system;
(6)
“AIS zones” means the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex V to this Regulation, which shall be measured according to the WGS84 coordinate system;
(7)
“Member States concerned” means Denmark, Germany and Sweden.
( *1 ) Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy ( OJ L 112, 30.4.2011, p. 1 ).’;"
(2)
Article 3 is replaced by the following:
‘Article 3
Fishing prohibition
1. It shall be prohibited to carry out any fishing activity with mobile bottom contacting gears in Areas 1.
Where fishing vessels carrying on board any mobile bottom contacting gear carry out fishing activities in Areas 1 which are not prohibited by the first subparagraph, the mobile bottom contacting gear concerned shall be lashed and stowed in accordance with the conditions laid down in Article 47 of Regulation (EC) No 1224/2009.
2. It shall be prohibited to carry out:
(a)
fishing activities in points 2(1) to 2(24) of Areas 2,
(b)
fishing operations in points 2(25), 2(26) and 2(27) of Areas 2.
3. Fishing shall be permitted in Areas 3 only with the following gears and under the following conditions:
—
handheld gears like rod and line (LHP)
—
pelagic trawls (OTM/PTM),
—
pots and traps (FPO, FIX) when fishing for crustaceans,
—
gillnets and trammel nets (GTN), provided that fishing vessels take part in a national monitoring and assessing programme conducted by or on behalf of the national authorities to evaluate the bycatch of harbour porpoise and seabirds by use of remote electronic monitoring (“REM”), including the use of on-board closed-circuit television (“CCTV”) cameras and position data.
As regards the last indent of the first subparagraph, the Member States concerned shall review the data on incidental catches of harbour porpoise and seabirds annually and shall assess it at any time, but no later than 31 December 2024. That data or any new appropriate data shall be used in order to adjust the use of the net fishery in those areas pursuant to the procedure laid down in Articles 11 and 18 of Regulation (EU) No 1380/2013.
4. Paragraph 2(b) and paragraph 3 shall also apply to recreational fisheries.’;
(3)
Article 5 is replaced by the following:
‘Article 5
Automatic identification system
The following fishing vessels shall be fitted with and maintain in operation an automatic identification system (AIS) which meets the performance standards set out in Article 10(1) of Regulation (EC) No 1224/2009:
(a)
all fishing vessels present in the marine protected area Bratten;
(b)
all fishing vessels operating with mobile bottom contacting gears within the AIS-zones as specified in point 1 of Annex V to this Regulation;
(c)
all fishing vessels present in the AIS-zones as specified in point 2 of Annex V to this Regulation.’;
(4)
Annex I is amended in accordance with point 1 of the Annex to this Regulation;
(5)
Annex II is amended in accordance with point 2 of the Annex to this Regulation;
(6)
Annexes IV and V are added in accordance with points 3 and 4 of the Annex to this Regulation.