Commission Delegated Regulation (EU) 2017/118 of 5 September 2016 establishing fisheries conservation measures for the protection of the marine environment in the North Sea

Article 1

Subject matter and scope

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 of the European Parliament and of the Council, Article 4 of Regulation (EC) No 1224/2009, Article 2 of Commission Implementing Regulation (EU) No 404/2011 (¹) and Annex III of Regulation (EU) No 1379/2013 of the European Parliament and of the Council (²):

(a) ‘mobile bottom contacting gear’ means any of the following gears: 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 (SX), Danish anchor seine (SDN), Scottish seine (SSC), Scottish pair seine (SPR), boat or vessel seine (SV), beach seine (SB), boat dredge (DRB), hand dredge used on board a vessel (DRH) and mechanised dredge including suction dredge (HMD);

(b) ‘gillnets and entangling nets’ means any of the following gears: gillnets (GN), set (anchored) gillnets (GNS), driftnets (GND), encircling gillnets (GNC), trammel nets (GTR) and combined trammel and gillnets (GTN);

(c) ‘Areas 1’ mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex I to this Regulation, measured according to the WGS84 coordinate system, or by separation lines between two Exclusive Economic Zones or the delimitation line of the territorial sea as set out in Annex I;

(d) ‘Areas 2’ mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex II to this Regulation, measured according to the WGS84 coordinate system, or by the delimitation line of the territorial sea as set out in Annex II;

(e) ‘Areas 3’ mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex IV to this Regulation, measured according to the WGS84 coordinate system;

(f) ‘Areas 4’ mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex VI to this Regulation, measured according to the WGS84 coordinate system, or by separation lines between two Exclusive Economic Zones or the delimitation line of the territorial sea as set out in Annex VI;

(g) ‘Bratten’ means the geographical area enclosed by sequentially joining with rhumb lines the positions listed in Annex III to this Regulation, measured according to the WGS84 coordinate system;

(h) ‘AIS zones’ means the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex V to this Regulation, measured according to the WGS84 coordinate system;

(i) ‘Alert zones’ mean the geographical areas listed as alert zones in Annex I, II and VI to this Regulation of 4 nautical miles surrounding each management zone, established only to alert the competent authorities to fishing vessels approaching certain protected areas, and where fishing activities are not prohibited;

(j) ‘Member States concerned’ means Belgium, Denmark, France, Germany, the Netherlands and Sweden.

Article 3

Fishing prohibition

It shall be prohibited to carry out any fishing activity with mobile bottom contacting gears in the following corresponding parts of Areas 1 referred to in Annex I:

(a) in areas 1(1) to 1(15), except for the respective alert zones 1(10.az), 1(11.az), 1(12.az) and 1(13.az), 1(14.az) and 1(15.az), 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 (SX), Danish anchor seine (SDN), Scottish seine (SSC), Scottish pair seine (SPR), boat or vessel seine (SV), except for fishing activities with beam trawls and bobbin ropes with mesh size between 16 and 31 mm (TBB_CRU_16-31) in the traditional fishery targeting brown shrimp (Crangon spp.) in area 1(10)(b);

(b) in addition, in areas 1(10) to 1(15), except for the respective alert zones 1(10.az), 1(11.az), 1(12.az), 1(13.az), 1(14.az) and 1(15.az) the following gears shall be prohibited: boat dredge (DRB) and mechanised dredge including suction dredge (HMD);

(c) in addition, in areas 1(10) and 1(11), except for the respective alert zones 1(10.az) and 1(11.az), the following gears shall be prohibited: beach seine (SB) and hand dredge used on board a vessel (DRH);

(d) in areas 1(10), fisheries conservation measures shall take effect on 1 May 2023.

It shall be prohibited to carry out:

(a) fishing activities in areas 2(1) to 2(24) and 2(28) of Areas 2, except for the respective alert zone 2(28.az),

(b) fishing operations in areas 2(25) to 2(27) of Areas 2.

Fishing shall be permitted in Areas 3 only with the following fishing gears and under the following conditions:

(a) handheld gears like rod and line (LHP),

(b) pelagic trawls (OTM and PTM),

(c) pots and traps (FPO and FIX), when fishing for crustaceans.

It shall be prohibited to carry out any fishing activity with gillnets (GN, GNS, GND and GNC) and entangling nets (GTR and GTN) in the following corresponding parts of Areas 4 referred to in Annex VI:

(a) in area 4(1), except for the respective alert zone 4(1.az), any fishing activity with gillnets and entangling nets shall be prohibited all year round;

(b) in area 4(2), except for the respective alert zone 4(2.az), any fishing activity with gillnets and entangling nets shall be prohibited during the seasonal closure from 1 March to 31 October;

(c) in area 4(3), except for the respective alert zone 4(3.az), the annual total number of days of fishing activity with gillnets and entangling nets shall not exceed the annual average number of fishing days during which such gears were used in that area in the last 6 years before 8 March 2023;

(d) in area 4(4), during the seasonal closure from 1 June to 30 November, the annual total number of days of fishing activity with gillnets and entangling nets shall not exceed the annual average number of fishing days during which such gears were used in that area between 1 June and 30 November in the period 2012-2016.

Article 4

Transit

Article 5

Automatic identification system and vessel monitoring system

The following fishing vessels shall be fitted with and maintain in operation an automatic identification system (AIS) which meets the performance standards set out in Article 10(1) of Regulation (EC) No 1224/2009:

(a) all fishing vessels present in the marine protected area Bratten;

(b) all fishing vessels operating with mobile bottom contacting gears within the AIS-zones as specified in point 1 of Annex V to this Regulation;

(c) all fishing vessels present in the AIS-zones as specified in point 2 of Annex V to this Regulation.

Fishing vessels of 12 m length overall or more shall increase the transmission frequency of the vessel monitoring system (VMS) to once every 10 minutes, whenever:

(a) intending to enter or transit through areas 1(10) to 1(13) (Annex I), area 2(28) (Annex II) and areas 4(1) to 4(4) (Annex VI), including the respective alert zones 1(10.az) to 1(13.az), 2(28.az), 4(1.az) to 4(3.az);

(b) carrying on board any prohibited gear during the closure period (1 June to 30 November) in area 4(4) (Annex VI);

(c) carrying on board any prohibited gear and travelling under six knots in areas 1(12) to 1(15) (Annex I), including the respective alert zones 1(12.az), 1(13.az), 1(14.az) and 1(15.az). In areas 1(14), 1(15) and the alert zones 1(14.az) and 1(15.az), VMS data can also be transmitted via GPRS (General Packet Radio Service) or GSM (Global System for Mobile Communication).

Article 6

Review

From 8 March 2023, Member States concerned shall monitor, assess and report on the implementation of the measures set out in Articles 3, 4 and 5, every three years for measures in areas 4(1) and 4(4) (Annex VI) under the Birds Directive, and every six years for measures in areas 1(10) to 1(13) (Annex I), area 2(28) (Annex II) and areas 4(2) and 4(3) (Annex VI) under the Habitats Directive and the Marine Strategy Framework Directive.

Member States shall review the measures in areas 1(14) and 1(15) six years after their entry into force.

Article 7

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Coordinates of Areas 1

Area 1(1): Habitat No 166, Natura 2000 site No 191, (EU code: DK00VA248) Herthas Flak

Area 1(2): Habitat No 168, Natura 2000 site No 192, (EU code: DK00VA249) Læsø Trindel & Tønneberg Banke

Area 1(3): Habitat No 167, Natura 2000 site No 207, (EU code: DK00VA299) Lysegrund

Area 1(4): Habitat No 169, Natura 2000 Site No 193 (EU Code: DK00VA250) Store Middelgrund

Area 1(5): Habitat No 204, Natura 2000 Site No 204 (EU Code: DK00VA303) Schultz og Hastens Grund samt Briseis Flak