Amendments to Regulation (EC) No 2187/2005
Article 2
Regulation (EC) No 2187/2005 is amended as follows: (1) in Article 2, the following point is added: ‘(p) “unintended catches” means incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( *2 ) , must be landed and counted against quotas either because they are below the minimum conservation reference size or because they exceed the quantities permitted under the catch composition and by-catch rules. ( *2 ) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC ( OJ L 354, 28.12.2013, p. 22 ).’ " ; (2) Article 3 is amended as follows: (a) in paragraph 1, the following subparagraph is added: ‘Fishing for any species listed in Annexes II and III using trawls, Danish seines and similar gears, gillnets, entangling nets and trammel nets with a mesh size smaller than the range specified for the target species listed in those Annexes shall be prohibited.’ ; (b) in paragraph 3, the following subparagraph is added: ‘The first subparagraph shall not apply to unintended catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Those unintended catches shall be landed and counted against quotas.’ ; (c) in paragraph 6, the following subparagraph is added: ‘The first subparagraph shall not apply to unintended catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Those unintended catches shall be landed and counted against quotas.’ ; (3) Article 12 is replaced by the following: ‘Article 12 Reaching of required catch percentages 1. Where marine organisms of a species subject to the landing obligation are caught in excess of permitted percentages specified in Annexes II and III, Article 15 of Regulation (EU) No 1380/2013 shall apply. Those unintended catches shall be landed and counted against quotas. 2. Marine organisms of a species not subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 that are caught in excess of permitted percentages as specified in Annexes II and III to this Regulation shall not be landed but shall be returned immediately to the sea.’ ; (4) in Article 14, paragraph 1 is replaced by the following: ‘1. A marine organism is undersized if its dimensions are below the minimum conservation reference size specified in Annex IV for the relevant species and the relevant geographical area or a minimum conservation reference size otherwise fixed in accordance with Union law. Except where minimum conservation reference sizes have been established in an act adopted in accordance with Article 15(6) of Regulation (EU) No 1380/2013, the minimum conservation reference sizes established in Annex IV to this Regulation shall apply.’ ; (5) the following Article is inserted: ‘Article 14a Procedure for establishing minimum conservation reference sizes in the context of discard plans The Commission shall be empowered, for the purpose of adopting the acts referred to in Article 15(6) of Regulation (EU) No 1380/2013 and for the duration thereof, to establish minimum conservation reference sizes for species subject to the landing obligation set out in Article 15 of that Regulation. Such sizes shall be established by means of a delegated act adopted in accordance with Article 28b of this Regulation and Article 18 of Regulation (EU) No 1380/2013, with the aim of ensuring the protection of juveniles of marine organisms, and may derogate, where appropriate, from the minimum conservation reference sizes specified in Annex IV to this Regulation.’ ; (6) in Article 15, paragraph 1 is replaced by the following: ‘1. For catches of undersized marine organisms of a species subject to the landing obligation, Article 15 of Regulation (EU) No 1380/2013 shall apply. 1a. Where catches as referred to in paragraph 1 have been landed, Member States shall have in place measures to facilitate their storage or for finding outlets for them, such as support for investment in the construction and adaptation of landing sites and shelters, or support for investments to add value to fishery products. 1b. Undersized marine organisms of a species not subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 shall not be retained on board, trans-shipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.’ ; (7) Article 17 is amended as follows: (a) in paragraph 1, the following subparagraphs are added: ‘Where salmon ( Salmo salar ) is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, the first subparagraph of this paragraph shall not apply to catches of salmon. Where sea trout ( Salmo trutta ) is subject to the landing obligation pursuant to Article 15(3) of Regulation (EU) No 1380/2013, the first subparagraph of this paragraph shall not apply to catches of sea trout. Unintended catches of salmon ( Salmo salar ) or sea trout ( Salmo trutta ) shall be landed, and, in the case of salmon, counted against quotas. Fishing for salmon ( Salmo salar ) and sea trout ( Salmo trutta ) using any fishing gear within the geographical areas and during the periods referred to in the first subparagraph of this paragraph and as specified in paragraph 2 shall be prohibited.’ ; (b) paragraph 3 is replaced by the following: ‘3. By way of derogation from paragraph 1, fishing for salmon ( Salmo salar ) and sea trout ( Salmo trutta ) using trap-nets shall be permitted.’ ; (8) the following Articles are inserted: ‘Article 28a Procedure for adopting technical measures in the context of discard plans The Commission shall be empowered, for the purpose of adopting the acts referred to in Article 15(6) of Regulation (EU) No 1380/2013 and for the duration thereof, to adopt specific provisions regarding fisheries or species subject to the landing obligation that consist of technical measures referred to in Article 7(2) of that Regulation. Such measures shall be adopted by means of a delegated act adopted in accordance with Article 28b of this Regulation and Article 18 of Regulation (EU) No 1380/2013, with the aim of increasing gear selectivity or reducing or, as far as possible, eliminating unwanted catches, and may, where appropriate, derogate from the measures set out in this Regulation. Article 28b Exercise of delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 14a and 28a shall be conferred on the Commission for a period of 5 years from 1 June 2015. 3. The delegation of power referred to in Articles 14a and 28a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Articles 14a and 28a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.’ ; (9) in Annex IV, the term ‘Minimum landing sizes’ is replaced by the term ‘Minimum conservation reference sizes’ and the term ‘Minimum size’ is replaced by the term ‘Minimum conservation reference size’.