De minimis exemptions in North-Western Waters
Article 13
By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities may be discarded in North-Western Waters pursuant to Article 15(5), point (c), of that Regulation, subject to paragraphs 2 to 7 of that Regulation: (1) for whiting ( Merlangius merlangus ), up to a maximum of 3 % of the total annual catches of that species caught 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 7d and 7e; (2) for common sole ( Solea solea ), up to a maximum of 3 % of the total annual catches of that species caught 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; (3) for common sole ( Solea solea ), up to a maximum of 3 % of the total annual catches of that species caught by vessels using beam trawls (TBB) with a mesh size of 80 to 119 mm and equipped with a Flemish panel, to catch common sole in ICES divisions 7d to 7h, 7j to 7k; (4) for haddock ( Melanogrammus aeglefinus ), up to a maximum of 5 % of the total annual catches of that species caught in ICES divisions 7b, 7c and 7e to 7k: (a) 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) with catches comprising not more than 30 % Norway lobster and excluding beam trawls; (b) by vessels operating with mesh sizes greater than or equal to 80 mm with catches comprising more than 30 % of Norway lobster; (c) by vessels operating with beam trawls using mesh sizes greater than or equal to 80 mm in conjunction with the use of a Flemish panel. This exemption shall apply on condition that the measures laid down in point 1.3.2 of part B of Annex VI to Regulation (EU) 2019/1241 apply; (5) for boarfish ( Caproidae ), up to a maximum of 0,5 % of the total annual catches of that species for all gears in those areas, caught by vessels using bottom trawls (OTT, OTB, TBS, TBN, TB, PTB,) in ICES divisions 7b, 7c and 7f to 7k; (6) for megrim ( Lepidorhombus spp.) below minimum conservation reference size, up to a maximum of 4 % of the total annual catches of those species caught 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) under the following conditions: (a) in ICES divisions 7f, 7g, the part of division 7h North of latitude 49° 30′ North and the part of division 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; (b) in ICES subarea 7, outside the abovementioned area, for TR2 vessels; (7) for common sole ( Solea solea ), up to a maximum of 3 % of the total annual catches of that species caught by vessels using beam trawls with a mesh size of 80 to 119 mm (BT2) with increased selectivity (Flemish panel) in ICES divisions 7a; (8) for greater silver smelt ( Argentina silus ), up to 0,6 % of the total annual catches of that species from all gears in those areas, 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 (Union waters) and subarea 6; (9) 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 divisions 7b to 7k; (10) 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 divisions 7b to 7k; (11) for blue whiting ( Micromesistius poutassou ), up to a maximum of 5 % of the total annual catches of that species in the industrial pelagic trawler fishery targeting that species in ICES subareas 6 and 7 and division 5b, and processing that species on board to obtain surimi base; (12) for mackerel ( Scomber scombrus ), horse mackerel ( Trachurus spp.) 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), and targeting mackerel, horse mackerel and herring in ICES division 7d.