Article 1
Regulation (EU) 2019/1241 is amended as follows: (1) in Annex I, the following point is added: ‘(q) berried female European lobster ( Homarus gammarus ) in ICES divisions 3a, 4a and 4b’; (2) Annex V is amended as follows: (a) Part A is amended as follows: (i) the following entry is added to the table: ‘European lobster ( Homarus gammarus ) 90 mm (Carapace length) in the Swedish exclusive economic zone in ICES division 3a’ (ii) the following point is inserted below the table: — ‘1. The minimum conservation reference sizes specified in this Part for seabass ( Dicentrarchus labrax ) in the North Sea and European lobster ( Homarus gammarus ) in Swedish exclusive economic zone in the Skagerrak and Kattegat (ICES division 3a) shall apply to recreational fisheries.’; (b) the following points are added in Part B: — ‘1.3. By way of derogation from the specifications in the table, a fish retention device may be used in Northern prawn fisheries in the Skagerrak (ICES division 3an) provided that there are adequate fishing opportunities to cover by-catch and that the retention device is: — constructed with a top panel with a minimum mesh size of 120 mm square mesh; — at least 3 metres long; and — at least as wide as the sorting grid. — 1.4. The use of SepNep ( ** ) as referred to in Annex I of this Regulation shall be permitted as an equivalent selectivity device in the directed fisheries for Norway lobster ( Nephrops norvegicus) . ( ** ) “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, and — 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.’; " (c) the following point is added to Part C: ‘7. Measures on European lobster in ICES division 3a 7.1. In the Swedish exclusive economic zone of ICES division 3a, European lobster (Homarus gammarus ) may only be fished with lobsterpots (FPO). The lobsterpot shall have at least two circular escape openings with a diameter of at least 60mm which are situated in the lower part of each compartment of the lobsterpot. Lobster accidentally caught with other fishing gear shall not be harmed and shall be promptly released back into the sea. 7.2. It shall be prohibited to fish for, retain on board, tranship and land European lobster ( Homarus gammarus ) in the Swedish exclusive economic zone of ICES division 3a: (a) in commercial fisheries during the period 1 January to first Monday after 20 September; (b) in recreational fisheries during the period 1 December to first Monday after 20 September. When caught accidentally during these periods, specimens of European lobster shall not be harmed and shall be promptly released back into the sea.’; (3) Part A of Annex VII is amended as follows: (a) in footnote 7, the first sentence is replaced by the following: ‘The minimum conservation reference size for horse mackerel ( Trachurus spp.) caught in ICES division 8c and ICES subarea 9 shall be 12 cm for 5 % of the respective quotas of Spain and Portugal in those areas. Within that limit of 5 %, in the xávega artisanal beach sein fishery in ICES division 9a, 1 % of the quota of Portugal may be caught with the size below 12 cm.’; (b) the following point is added below the table: ‘1. The minimum conservation reference sizes specified in this Part for haddock (Melanogrammus aeglefinus) , saithe (Pollachius virens) , pollack (Pollachius pollachius) , hake (Merluccius merluccius) , megrim (Lepidorhombus spp.), sole (Solea spp.), plaice (Pleuronectes platessa) , whiting (Merlangius merlangus) , ling (Molva molva) , blue ling (Molva dipterygia) , mackerel (Scomber spp.), herring (Clupea harengus) , horse mackerel (Trachurus spp .) , anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) shall apply to recreational fisheries in the South Western Waters. However, the following minimum conservation reference sizes shall apply in ICES subarea 8 to the following species caught in recreational fisheries: Cod ( Gadus morhua ) 42 cm Red seabream ( Pagellus bogaraveo ) 40 cm European seabass ( Dicentrarchus labrax ) 42 cm’