Commission Delegated Regulation (EU) 2023/2459 of 22 August 2023 supplementing Regulation (EU) 2018/973 of the European Parliament and of the Council by specifying details of the landing obligation for certain fisheries in the North Sea for the period 2024-2027

• CELEX: Delegated Regulation (EU) 2023/2459
• Articles: 12

Article 1 Definitions

For the purpose of this Regulation, the following definitions shall apply:

(1)

‘Flemish panel’ means the last tapered netting section of a beam trawl whose:

—

posterior is directly attached to the cod-end;

—

upper and lower netting sections are constructed of at least 120 mm mesh as measured between the knots;

—

stretched length is at least 3 m;

(2)

‘Benthos release panel’ means a panel of larger mesh or square mesh netting fitted into the lower panel of a trawl, usually a beam trawl to release any benthic material and seabed debris before it passes into the cod-end;

(3)

‘SepNep’ means an otter trawl which:

—

is constructed within the mesh size range of 80 to 99 +≥ 100 mm;

—

is fitted with multiple cod-ends of mesh sizes ranging from at least 80 to 120 mm attached to a single extension piece, the uppermost cod-end being constructed with a mesh size of at least 120 mm and fitted with a separation panel with a maximum mesh size of 105 mm;

—

may furthermore be fitted with an optional selection grid with a bar spacing of at least 17 mm provided it is constructed in such a way so as to allow the escape of small Norway lobster.

Article 2 Implementation of the landing obligation

In Union waters of the North Sea (ICES division 3a and subarea 4), the landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply to demersal and pelagic fisheries which are subject to catch limits in accordance with this Regulation for the period 2024-2027.

Article 3 Survivability exemptions for Norway lobster

1.   The survivability exemption provided for in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply in the Union waters of the North Sea (ICES division 3a and subarea 4) to the following catches of Norway lobster ( Nephrops norvegicus ):

(a)

catches with pots (FPO  ( 31 ) );

(b)

catches with bottom trawls (OTB, OTT, TBN) fitted with:

(i)

a cod-end equal or larger than 80 mm; or

(ii)

a cod-end with a mesh size of at least 70 mm equipped with a species selective grid with a bar spacing of maximum 35 mm.

2.   When discarding Norway lobster caught in the cases referred to in paragraph 1, the Norway lobster shall be released whole, immediately and in the area where it has been caught.

Article 4 Survivability exemption for common sole

1.   The survivability exemption referred to in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply to common sole ( Solea solea ) below the minimum conservation reference size caught using otter trawls (OTB) with a cod-end mesh size of 80 to 99 mm in the Union waters of ICES division 4c, within 6 nautical miles of the coast but outside identified nursery areas.

2.   The exemption referred to in paragraph 1 shall only apply to vessels with a maximum length of 10 metres and a maximum engine power of 221 kW, fishing in waters with a depth of 30 metres or less and with tow durations of no more than 90 minutes.

3.   When discarding common sole caught in the cases referred to in paragraph 1, the common sole shall be released immediately.

Article 5 Survivability exemption for by-catch of all species subject to catch limits in pots and fyke nets

1.   The survivability exemption referred to in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply to all species subject to catch limits caught with pots (FPO) and fyke nets (FYK) in the Union waters of ICES division 3a and subarea 4.

2.   When discarding fish caught in the cases referred to in paragraph 1, the fish shall be released immediately and below the sea surface.

Article 6 Survivability exemption for catch and by-catch of plaice

1.   The survivability exemption referred to in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply in the Union waters of ICES division 3a and subarea 4 to the following catches of plaice ( Pleuronectes platessa ):

(a)

catches with nets (GNS, GTR, GTN, GEN);

(b)

catches with Danish seines;

(c)

catches with bottom trawls (OTB, PTB):

(i)

with a mesh size of at least 120 mm, targeting flatfish or roundfish in the Union waters of ICES division 3a and subarea 4;

(ii)

with a mesh size of 90 to 119 mm, equipped with a Seltra panel with a top panel of 140 mm mesh size (square mesh), with a top panel of 270 mm mesh size (diamond mesh) or with a top panel of 300 mm mesh size (square-mesh), or in sub-division Kattegat, a square mesh panel of at least 120 mm in the period from 1 October to 31 December every year which target flatfish or roundfish in the Union waters of ICES division 3a;

(iii)

with a mesh size of 80 to 119 mm, targeting flatfish or roundfish in the Union waters of ICES subarea 4.

2.   When discarding plaice caught in the cases referred to in paragraph 1, the plaice shall be released immediately.

Article 7 Survivability exemption for plaice below the minimum conservation reference size

1.   The survivability exemption referred to in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply in the Union waters of ICES subarea 4 to catches of plaice ( Pleuronectes platessa ) below the minimum conservation reference size using 80 to 119 mm beam trawls (BT2) if the plaice is caught:

(a)

with gears equipped with the flip-up rope or Benthos release panel (BRP) and caught by vessels with an engine power of more than 221 kW; or

(b)

by the vessels of Member States implementing the roadmap for the Fully Documented Fisheries.

2.   The exemption referred to in paragraph 1 shall also apply to flatfish caught with beam trawls (BT2) by vessels with an engine power of not more than 221kw or less than 24 m in length overall, which are constructed to fish in the 12 miles zone, if the average trawl duration is less than 90 minutes.

3.   When discarding plaice caught in the cases referred to in paragraph 1, the plaice shall be released immediately.

Article 8 Survivability exemption for turbot

1.   The survivability exemption referred to in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply in the Union waters of ICES subarea 4 to catches of turbot (Scophthalmus maximus) with beam trawls (TBB) with a cod-end equal to or larger than 80 mm.

2.   When discarding turbot caught in the cases referred to in paragraph 1, the turbot shall be released immediately.

Article 9 Survivability exemption for skates and rays

1.   The survivability exemption referred to in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply to skates and rays ( Rajiformes ) caught with fishing gear in the Union waters of the North Sea (ICES division 3a and subarea 4).

2.   Member States having a direct management interest shall submit not later than 1 May 2027 a meta-analysis of survival to assess the impact of the exemption. The STECF shall assess the provided scientific information by 31 July 2027.

3.   When discarding skates and rays caught in the cases referred to in paragraph 1, the skates and rays shall be released immediately.

Article 10 Survivability exemption for catches of mackerel and herring in purse seine fisheries

1.   The survivability exemption referred to in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply to mackerel ( Scomber scombrus ) and herring ( Clupea harengus ) caught in the purse seine fisheries in the Union waters of the North Sea (ICES division 3a and subarea 4), if all of the following conditions are met:

(a)

the catch is released before the percentages of the purse seine set out in paragraphs 2 and 3 are closed (‘the point of retrieval’);

(b)

the purse seine gear is fitted with a visible buoy clearly marking the limit for the point of retrieval;

(c)

the vessel and the purse seine gear are equipped with an electronic system that records and documents when, where and to which extent the purse seine has been hauled for all fishing operations.

2.   The point of retrieval shall be 80 % closure of the purse seine in fisheries for mackerel, and it shall be 90 % closure of the purse seine in fisheries for herring.

3.   If the surrounded school of fish consists of a mixture of both species, the point of retrieval shall be 80 % closure of the purse seine.

4.   It shall be prohibited to release catches of mackerel and herring after the point of retrieval.

5.   The surrounded school of fish shall be sampled before its release to estimate the species composition, the fish size composition and the quantity.

Article 11 De minimis exemptions for pelagic and demersal fisheries

1.   By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities may be discarded pursuant to Article 15(4), point (c), of that Regulation:

(a)

In the fisheries for common sole by vessels using trammel nets and gillnets (GN, GNS, GND, GNC, GTN, GTR, GEN, GNF) in the Union waters of the North Sea (ICES division 3a and subarea 4):

a quantity of common sole ( Solea solea ) below and above the minimum conservation reference size, which shall not exceed 3 % of the total annual catches of that species;

(b)

in the fisheries for common sole by vessels using beam trawls (TBB) of mesh size 80-119 mm equipped with a Flemish panel, in the Union waters of ICES subarea 4:

a quantity of common sole ( Solea solea ) below the minimum conservation reference size, which shall not exceed 5 % of the total annual catches of that species;

(c)

in the fishery for Norway lobster by vessels using bottom trawls (OTB, OTT, TBN) with a mesh size equal to or larger than 70 mm, equipped with a species-selective grid with a bar spacing of maximum 35 mm, in the Union waters of ICES division 3a:

a combined quantity of common sole ( Solea solea ), haddock ( Melanogrammus aeglefinus ), whiting ( Merlangius merlangus ), cod ( Gadus morhua ), saithe ( Pollachius virens ) and hake ( Merluccius merluccius ) below the minimum conservation reference size, which shall not exceed 4 % of the total annual catches of Norway lobster ( Nephrops norvegicus ), common sole, haddock, whiting, Northern prawn ( Pandalus borealis ), cod, saithe and hake;

(d)

in the fishery for Northern prawn ( Pandalus borealis ) by vessels using bottom trawls (OTB, OTT) with a mesh size equal to or larger than 35 mm, equipped with a species selective grid with a bar spacing of maximum 19 mm, and with unblocked fish outlet, in the Union waters of ICES division 3a:

a combined quantity of common sole ( Solea solea ), haddock ( Melanogrammus aeglefinus ), whiting ( Merlangius merlangus ), cod ( Gadus morhua ), plaice ( Pleuronectes platessa ), saithe ( Pollachius virens ), herring ( Clupea harengus ), Norway pout ( Trisopterus esmarkii ), greater silver smelt ( Argentina silus ) and blue whiting ( Micromesistius poutassou ) below the minimum conservation reference size where it exists, which shall not exceed 5 % of the total annual catches of Norway lobster ( Nephrops norvegicus ), common sole, haddock, whiting, cod, plaice, saithe, herring, Northern prawn ( Pandalus borealis ), hake ( Merluccius merluccius ), Norway pout, greater silver smelt and blue whiting;

(e)

in the fisheries by vessels using bottom trawls (OTB, OTT, TBN, PTB) with a mesh size of 90-119 mm, equipped with a Seltra panel with a top panel of 140 mm mesh size (square mesh), with a top panel of 270 mm mesh size (diamond mesh) or with a top panel of 300 mm mesh size (square mesh), or bottom trawls (OTB, OTT, TBN, PTB) with a mesh size equal to or larger than 120 mm, in the Union waters of ICES division 3a:

a quantity of whiting ( Merlangius merlangus ) below the minimum conservation reference size, up to a maximum of 2 % of the total annual catches of whiting, Norway lobster ( Nephrops norvegicus ), cod ( Gadus morhua ), haddock ( Melanogrammus aeglefinus ), saithe ( Pollachius virens ), common sole ( Solea solea ), plaice ( Pleuronectes platessa ) and hake ( Merluccius merluccius );

(f)

in the fisheries for Norway lobster by vessels using bottom trawls with a mesh size of 80-99 mm, equipped with a SepNep, in the Union waters of ICES subarea 4:

a quantity of plaice ( Pleuronectes platessa ) below the minimum conservation reference size, which shall not exceed 3 % of the total annual catches of Norway lobster ( Nephrops norvegicus ), plaice ( Pleuronectes platessa ), saithe ( Pollachius virens ), haddock ( Melanogrammus aeglefinus ), whiting ( Merlangius merlangus ), cod ( Gadus morhua ), Northern prawn ( Pandalus borealis ) and common sole ( Solea solea );

(g)

in the fisheries for brown shrimp by beam trawls using a mesh size of at least 22 mm and equipped with a sorting grid, sieve net or any other device that is approved by the Commission in accordance with Article 15(2) of Regulation (EU) 2019/1241, in the Union waters of ICES divisions 4b and 4c:

a quantity of all species subject to catch limits, which shall not exceed 5 % of the total annual catches of all species subject to catch limits made in those fisheries;

(h)

in the demersal fisheries by vessels using bottom trawls (OTB, OTT, PTB) with a mesh size equal to or greater than 120 mm and catching ling in Union waters of ICES subarea 4:

a quantity of ling (Molva molva) below minimum conservation reference size, which shall not exceed 3 % of the total annual catches of ling in that fishery;

(i)

in the mixed demersal fisheries by vessels using bottom trawls (OTB, OTT) or seines (SDN, SSC) with a mesh size of 70-99 mm (TR2) in the Union waters of ICES subarea 4:

a quantity of whiting ( Merlangius merlangus ) below the minimum conservation reference size, which shall not exceed 4 % of the total annual catches of whiting;

(j)

in the demersal mixed fishery by vessels using beam trawls with a mesh size of 80-119 mm in Union waters of ICES subarea 4:

a quantity of whiting ( Merlangius merlangus ) below the minimum conservation reference size, which shall not exceed 2 % of the total annual catches of plaice ( Pleuronectes platessa ) and sole ( Solea solea );

(k)

in pelagic fisheries carried out by pelagic trawlers up to 25 metres in length overall, using mid-water trawls (OTM/PTM), and targeting mackerel, horse mackerel and herring in ICES divisions 4b and 4c south of 54 degrees north:

a combined quantity of mackerel ( Scomber scombrus ), horse mackerel ( Trachurus spp.), and whiting ( Merlangius merlangus ) that shall not exceed 1 % of the total annual catches of mackerel, horse mackerel and whiting;

(l)

in the demersal mixed fishery with trawls (OTB, OTM, OTT, PTB, PTM, SDN, SPR, SSC, TB, TBN, TBS) with mesh sizes above 80 mm in ICES division 3a and subarea 4 and in the fishery for Northern prawn carried out under the conditions set out in Part B of Annex V to Regulation (EU) 2019/1241 and in the Skagerrak (ICES division 3an) fitted with a fish retention device as defined in that annex:

a combined quantity of sprat ( Sprattus sprattus ), sandeel ( Ammodytes spp.), Norway pout ( Trisopterus esmarkii ) and blue whiting ( Micromesistius poutassou ), which shall not exceed 0,1 % of the total annual catches of sprat, sandeel, Norway pout and blue whiting;

(m)

in the demersal fishery for hake by vessels using longlines (LLS) in ICES subarea 4:

a quantity of ling ( Molva molva ) below the minimum conservation reference size, which shall not exceed 3 % of the total annual catches of ling made in that demersal fishery;

(n)

in the demersal mixed fishery with bottom trawls (OTB, OTT, PTB) with a mesh size between 80 and 99 mm (TR2) in ICES divisions 4b and 4c:

a quantity of horse mackerel ( Trachurus spp.), which shall not exceed 5 % of the total annual catches of horse mackerel made in that fishery;

(o)

in the demersal mixed fishery with bottom trawls (OTB, OTT, PTB) with a mesh size between 80 and 99 mm (TR2) in ICES divisions 4b and 4c:

a quantity of mackerel ( Scomber scombrus ), which shall not exceed 5 % of the total annual catches of mackerel made in that fishery;

(p)

in the industrial pelagic trawler fishery targeting blue whiting in ICES subarea 4, and processing that species on board to obtain surimi base:

a quantity of blue whiting ( Micromesistius poutassou ), which shall not exceed 5 % of the total annual catches of blue whiting;

(q)

in the demersal fishery with trawls (OTB, OTM, OTT, PTB, PTM, SDN, SPR, SSC, TB, TBN) with a mesh size above 70 mm in ICES division 3a and subarea 4 carried out under the conditions set out in Part B of Annex V of Regulation (EU) 2019/1241:

a quantity of Northern prawn ( Pandalus borealis ), which shall not exceed 0,01 % of the total annual catches made in that fishery.

2.   Member States having a direct management interest shall submit not later than by 1 May 2027 additional information on disproportionate costs supporting the exemption set out in point 1(j). The STECF shall assess the provided scientific information by 31 July 2027.

Article 12 Entry into force and application

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

It shall apply from 1 January 2024 until 31 December 2027.