Delegated Regulation (EU) 2017/117 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 and Article 2 of Commission Implementing Regulation (EU) No 404/2011 ( *1 ) :
(a)
“mobile bottom contacting gear” means any of the following gear: bottom trawl (TB), beam trawl (TBB), bottom otter trawl (OTB), otter twin trawl (OTT), bottom pair trawl (PTB), nephrops trawl (TBN), shrimp trawl (TBS), seine nets (SX), Danish anchor seine (SDN), Scottish seine (SSC), boat or vessel seine (SV), boat dredge (DRB), beach seine (SB), pair seine (SPR), hand dredges used on board a vessel (DRH) and mechanised dredges including suction dredges (HMD);
(b)
“Areas 1” means the restricted areas that correspond to 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.
(c)
“Areas 2” means the restricted areas that correspond to 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.
(d)
“Alert zone” means a 4 nautical-mile surrounding area established for the purpose of warning the competent authorities about fishing vessels approaching restricted areas classified in the previous paragraph as “Areas 2”.
( *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)
In Article 3, paragraph 1 is replaced by the following:
‘1. It shall be prohibited to carry out any fishing activity with mobile bottom contacting gears:
(a)
In Areas 1, the following gears shall be prohibited: bottom trawl (TB), beam trawl (TBB), bottom otter trawl (OTB), otter twin trawl (OTT), bottom pair trawl (PTB), nephrops trawl (TBN), shrimp trawl (TBS), seine nets (SX), Danish anchor seine (SDN), Scottish seine (SSC), boat or vessel seine (SV), boat dredge (DRB).
(b)
In Areas 2, all mobile bottom contacting gears shall be prohibited. Areas 2 shall be surrounded by an alert zone of 4 nautical miles where fishing shall be permitted.’
(3)
Article 4 is replaced by the following:
‘Article 4
Transit
1. The provisions laid down in Article 50 of Council Regulation (EC) No 1224/2009 ( *2 ) concerning the control of fisheries restricted areas, shall apply in Areas 1 and 2.
2. Fishing vessels carrying on board any mobile bottom contacting gear may transit across the restricted areas, provided that the mobile bottom contacting gears be lashed and stowed in accordance with the conditions laid down in Article 47 of Regulation (EC) No 1224/2009.
( *2 ) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 ( OJ L 343, 22.12.2009, p. 1 ).’;"
(4)
The following Article (4a) is inserted:
‘Article 4a
Automatic identification system (AIS), vessel monitoring system (VMS) and other control systems approved by the competent authorities
1. Fishing vessels of 12 metres’ length overall or more carrying on board mobile bottom contacting gears shall record both the fishing gear carried on board and the fishing gears used as indicated in the electronic logbook.
2. Fishing vessels with a length overall below 12 metres carrying on board mobile bottom contacting gears and operating in Areas 2 or the alert zone shall be fitted with:
—
a vessel monitoring system (VMS) as referred to in Article 9 of Regulation (EC) No 1224/2009, or
—
an Automatic Identification System (AIS) as referred to in Article 10 of Regulation (EC) No 1224/2009, or
—
any other device or system approved by the competent authority of the flag Member State, such as a mobile application, allowing the vessel to transmit, where applicable, the position with a frequency of transmission of at least 10 minutes, date and time, course, speed and external identification mark of the fishing vessel.
The flag Member State shall inform the coastal Member State of the system or device used on board of fishing vessels below 12 metres length within 3 months after the entry into force of this Regulation.
3. The VMS referred to in paragraphs 1 and 2 are subject to the rules established in Article 9 of Regulation (EC) No 1224/2009.
4. Flag Member States shall not grant the exemptions referred to in Article 9(5) of Regulation (EC) No 1224/2009 to fishing vessels of 12 metres length overall or more and less than 15 metres’ length overall carrying on board mobile bottom contacting gears entering in Areas 2 and the alert zone.
5. The frequency of VMS data transmissions shall be of at least once every 10 minutes when a fishing vessel carrying on board mobile bottom contacting gears enters Areas 2 and the alert zone.’
(5)
The Annex is replaced by the text in the Annex to this Regulation.