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Commission Delegated Regulation (EU) 2021/1473 of 30 June 2021 correcting Delegated Regulation (EU) 2019/2201 as regards certain rules for the implementation of real-time closures for Northern prawn fisheries in the Skagerrak

Type Delegated Regulation

Publication 2021-09-15

State In force

Text As published

Department European Commission, MARE

Source EUR-Lex

articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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15.9.2021	EN	Official Journal of the European Union	L 325/1

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 ¹, in particular Article 15(2) thereof,

Whereas:

(1) Regulation (EU) 2019/1241 lays down specific provisions regarding technical measures established at regional level for the North Sea, Skagerrak and Kattegat, which also include rules on mesh sizes, associated conditions and by-catches.

(2) The Agreed Record of the Consultations between the European Union and Norway of 6 September 2018 ² on technical measures in the Skagerrak lays down the procedures and sampling methodology for the adoption of real-time closures for Northern prawn (Pandalus borealis) (‘Northern prawn’) in the Skagerrak (‘the Agreed Record’).

(3) Belgium, Denmark, Germany, France, the Netherlands and Sweden (the ‘Scheveningen Group’) have a direct fisheries management interest in the North Sea and submitted a joint recommendation on 7 March 2019 implementing the measures set out in the Agreed Record into Union law. The joint recommendation specifies real time closures in the Northern prawn fishery for the protection of juveniles and exempts further gears.

(4) Following the assessment of that joint recommendation by the Scientific, Technical and Economic Committee for Fisheries (STECF) ³, Commission Delegated Regulation (EU) 2019/2201 of 1 October 2019 ⁴ was adopted.

(5) Following the publication of that Regulation, the Member States concerned requested the Commission to correct some errors that hinder the correct implementation of that delegated act.

(6) Delegated Regulation (EU) 2019/2201 provides for a definition of the term ‘juveniles of Northern Prawn’ in order to determine the size of fish whose number in the overall catch can trigger real-time closures of fisheries. For the sake of legal security and clarity, that Regulation should use throughout the same term for the same concept. Therefore, ‘juveniles of Northern Prawn’ should be used throughout the act, instead of any synonym thereof, such as ‘Pandalus below trigger length’ or ‘undersized Pandalus’.

(7) The joint recommendation established a risk-based strategy to identify areas and time periods where there is a risk of catching numbers of juveniles of Northern prawn that exceed the threshold level. As Delegated Regulation (EU) 2019/2201 erroneously referred to a catch trigger level of 20 % by weight compared to the overall catch of Northern prawn, in a haul, it should instead refer to 20 % by number compared to the overall number in a sample, as established in the joint recommendation.

(8) Regulation (EU) 2019/1241 establishes a minimum mesh size of 35mm for fisheries targeting Northern prawn in the Skagerrak and Kattegat. Delegated Regulation (EU) 2019/2201 erroneously refers to a minimum mesh size of 32mm, which is the minimum mesh size for fisheries targeting Northern prawn in the North Sea. That figure should therefore be adapted accordingly.

(9) The joint recommendation established a possible closure if the proportion of juveniles of Northern prawn was more than 40 %. In order to be in accordance with that joint recommendation, Delegated Regulation (EU) 2019/2201 should refer to the percentage concerned linked with the number in the sample and not the overall catch.

(10) Delegated Regulation (EU) 2019/2201 linked the respective specific monitoring programme for vessels using a size selective Nordmøre grid and for demersal trawls equipped with selective gears to operating only in the area subject to real-time closure (closed area). That Regulation should be adapted to the assessment of the STECF, which concluded that those vessels equipped with such selective gear are to be subject to a respective specific monitoring programme, irrespective of the area where they fish.

(11) The joint recommendation and Delegated Regulation (EU) 2019/2201 erroneously defined the minimum sample size, for determining whether a real-time closure is to be established, as 2 kg of shrimp by weight or 1 litre by volume. The Member States therefore requested that Regulation should be corrected in line with the Agreed Record which states that the minimum sample size is to be 1 kilogram by weight or 2 litres by volume.

(12) Delegated Regulation (EU) 2019/2201 should therefore be amended accordingly.

(13) As the measures provided for in this Regulation have a direct impact on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:

Article 1

Delegated Regulation (EU) 2019/2201 is amended as follows:

(1) Article 3 is replaced by the following:

‘Article 3

Catch trigger level

The catch trigger level which initiates real-time closures of fisheries under this Regulation shall be 20 % by number of juveniles of Northern prawn compared to the overall number of Northern prawn, in a sample.’;

(2) in Article 4, paragraph 1 is replaced by the following:

‘1. The source of information to monitor trigger catch levels shall be inspections at sea undertaken by competent control authorities on fishing vessels targeting Northern prawn (Pandalus borealis) with demersal trawls with a mesh size of at least 35mm.’;

(3) in Article 5, paragraph 2 is replaced by the following:

‘2. If the proportion of juveniles of Northern prawn is more than 40 % of the number of that species in the sample as referred in Article 4(4), control authorities may recommend a real time closure on the basis of one sample.’;

(4) Article 6 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1. On the basis of the sampling reports referred to in Article 4(4), the coastal Member State concerned may prohibit fishing for Northern prawn with demersal trawls with a mesh size of at least 35mm in an area defined in accordance with Article 7 (‘the closed area’).’;

(b) paragraph 3 is replaced by the following:

‘3. Vessels using a size selective Nordmøre grid as referred to in Annex III shall be subject to a specific monitoring programme to be established by Member States in order to verify the proportion of juveniles of Northern prawn in the overall catch of that species. The results from those programmes shall be transmitted to the Commission no later than 6 months following the starting date of the programme and 12 months thereafter.’;

(5) in Article 11, paragraph 2 is replaced by the following:

‘2. Flag Member States of vessels using gears referred to in paragraph 1 shall establish a specific monitoring programme to verify that catches do not reach the trigger level. If catches reach the trigger level, those vessels shall move out of the closed area for the remainder of the closure period. The results from those programmes shall be transmitted to the Commission no later than 6 months following the starting date of the programme and thereafter every 12 months. If the results from such programmes show that catches exceed the trigger levels, then these gears shall no longer be exempted.’;

(6) the Annexes are amended as follows:

(a) Annex I is amended in accordance with point 1 of the Annex to this Regulation;

(b) Annex II is amended in accordance with point 2 of the Annex to this Regulation;

Article 2

This Regulation shall enter into force on the 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.

Done at Brussels, 30 June 2021.

For the Commission

The President

Ursula VON DER LEYEN

OJ L 198, 25.7.2019, p. 105.

https://ec.europa.eu/fisheries/sites/fisheries/files/2018-sweden-norway-09-2018.pdf

https://stecf.jrc.ec.europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf

Commission Delegated Regulation (EU) 2019/2201 of 1 October 2019 supplementing Regulation (EU) 2019/1241 with detailed rules for the implementation of real-time closures for Northern prawn fisheries in the Skagerrak (OJ L 332, 23.12.2019, p. 3).

ANNEX

Annex I to Delegated Regulation (EU) 2019/2201 is amended as follows:

(a) in point 3, points a) and b) are replaced by the following:

‘a) The sample shall be taken in such a way that it reflects the catch composition of Northern prawn in the haul. To achieve that, the skipper, or a person he designates, shall assist when the sample is taken;

b) The minimum size of the sample shall be 1 kg or 2 litres of Northern prawn.’;

(b) point 4 is replaced by the following:

‘4. The quantity of juveniles of Northern prawn shall be calculated as a percentage of the total number of Northern prawn in the sample.’

Annex II to Delegated Regulation (EU) 2019/2201 is replaced by the following:

‘ANNEX II

REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE

Northern prawn in relation to juveniles of Northern prawn ⁵ Northern prawn in relation to juveniles of Northern prawn ⁵ Northern prawn in relation to juveniles of Northern prawn ⁵ Northern prawn in relation to juveniles of Northern prawn ⁵ Northern prawn in relation to juveniles of Northern prawn ⁵ Northern prawn in relation to juveniles of Northern prawn ⁵ Northern prawn in relation to juveniles of Northern prawn ⁵ Northern prawn in relation to juveniles of Northern prawn ⁵

Inspection/observation details Inspection platform Inspector/observer name Inspector/observer name Inspector/observer name Inspector/observer name Date and time⁶ of inspection/observation Position⁷ of inspection/observation

Inspection/observation details

Fishing vessel details Name Call sign Registration number Registration number Flag state Type of gear Single/Double Mesh size mm

Fishing vessel details

Selection measures Grid (for sorting out Pandalus) Grid, mm Other Other Collection bag Mesh size in collection bag

Selection measures

Fishing operation details Start Date and time⁶ Date and time⁶ Position⁷ Position⁷

Fishing operation details Start

Fishing operation details Stop Date and time⁶ Date and time⁶ Position⁷ Position⁷ Duration of fishing operation⁸

Fishing operation details Stop

Catch details Estimated total catch in the haul (kg) Estimated total catch in the haul (kg) Estimated total catch in the haul (kg) Estimated total catch in the haul (kg) Estimated total catch in the haul (kg) Estimated total catch in the haul (kg)

Catch details Estimated Northern prawn catch in the haul (kg) Estimated Northern prawn catch in the haul (kg) Estimated Northern prawn catch in the haul (kg) Estimated Northern prawn catch in the haul (kg) Estimated Northern prawn catch in the haul (kg) Estimated Northern prawn catch in the haul (kg)

Catch details Size of Northern prawn sample (kg/litre) Size of Northern prawn sample (kg/litre) Size of Northern prawn sample (kg/litre) Size of Northern prawn sample (kg/litre) Size of Northern prawn sample (kg/litre) Size of Northern prawn sample (kg/litre)

Catch details Total number of Northern prawn in sample Total number of Northern prawn in sample Total number of Northern prawn in sample Total number of Northern prawn in sample Total number of Northern prawn in sample Total number of Northern prawn in sample

Catch details Number of juveniles of Northern prawn in sample Number of juveniles of Northern prawn in sample Number of juveniles of Northern prawn in sample Number of juveniles of Northern prawn in sample Number of juveniles of Northern prawn in sample Number of juveniles of Northern prawn in sample

Catch details % of juveniles of Northern prawn (number of juveniles of Northern prawn/total number) % of juveniles of Northern prawn (number of juveniles of Northern prawn/total number) % of juveniles of Northern prawn (number of juveniles of Northern prawn/total number) % of juveniles of Northern prawn (number of juveniles of Northern prawn/total number) % of juveniles of Northern prawn (number of juveniles of Northern prawn/total number) % of juveniles of Northern prawn (number of juveniles of Northern prawn/total number)

Observations and additional information Additional information from other sources, e.g. received from master. Additional information from other sources, e.g. received from master. Additional information from other sources, e.g. received from master. Additional information from other sources, e.g. received from master. Additional information from other sources, e.g. received from master. Additional information from other sources, e.g. received from master. Additional information from other sources, e.g. received from master.

Inspector Signature Not required if completed electronically and transmitted to coastal state by email Not required if completed electronically and transmitted to coastal state by email Not required if completed electronically and transmitted to coastal state by email Not required if completed electronically and transmitted to coastal state by email Not required if completed electronically and transmitted to coastal state by email Not required if completed electronically and transmitted to coastal state by email Not required if completed electronically and transmitted to coastal state by email


REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE	REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE	REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE	REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE	REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE	REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE	REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE	REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE
Northern prawn in relation to juveniles of Northern prawn ⁵	Northern prawn in relation to juveniles of Northern prawn ⁵	Northern prawn in relation to juveniles of Northern prawn ⁵	Northern prawn in relation to juveniles of Northern prawn ⁵	Northern prawn in relation to juveniles of Northern prawn ⁵	Northern prawn in relation to juveniles of Northern prawn ⁵	Northern prawn in relation to juveniles of Northern prawn ⁵	Northern prawn in relation to juveniles of Northern prawn ⁵
Inspection/observation details	Inspection platform	Inspector/observer name	Inspector/observer name	Inspector/observer name	Inspector/observer name	Date and time⁶ of inspection/observation	Position⁷ of inspection/observation
Inspection/observation details
Fishing vessel details	Name	Call sign	Registration number	Registration number	Flag state	Type of gear Single/Double	Mesh size mm
Fishing vessel details
Selection measures	Grid (for sorting out Pandalus)	Grid, mm	Other	Other		Collection bag	Mesh size in collection bag
Selection measures
Fishing operation details	Start	Date and time⁶	Date and time⁶	Position⁷	Position⁷
Fishing operation details	Start
Fishing operation details	Stop	Date and time⁶	Date and time⁶	Position⁷	Position⁷	Duration of fishing operation⁸
Fishing operation details	Stop
Catch details	Estimated total catch in the haul (kg)	Estimated total catch in the haul (kg)	Estimated total catch in the haul (kg)	Estimated total catch in the haul (kg)	Estimated total catch in the haul (kg)	Estimated total catch in the haul (kg)
Catch details	Estimated Northern prawn catch in the haul (kg)	Estimated Northern prawn catch in the haul (kg)	Estimated Northern prawn catch in the haul (kg)	Estimated Northern prawn catch in the haul (kg)	Estimated Northern prawn catch in the haul (kg)	Estimated Northern prawn catch in the haul (kg)
Catch details	Size of Northern prawn sample (kg/litre)	Size of Northern prawn sample (kg/litre)	Size of Northern prawn sample (kg/litre)	Size of Northern prawn sample (kg/litre)	Size of Northern prawn sample (kg/litre)	Size of Northern prawn sample (kg/litre)
Catch details	Total number of Northern prawn in sample	Total number of Northern prawn in sample	Total number of Northern prawn in sample	Total number of Northern prawn in sample	Total number of Northern prawn in sample	Total number of Northern prawn in sample
Catch details	Number of juveniles of Northern prawn in sample	Number of juveniles of Northern prawn in sample	Number of juveniles of Northern prawn in sample	Number of juveniles of Northern prawn in sample	Number of juveniles of Northern prawn in sample	Number of juveniles of Northern prawn in sample
Catch details	% of juveniles of Northern prawn (number of juveniles of Northern prawn/total number)	% of juveniles of Northern prawn (number of juveniles of Northern prawn/total number)	% of juveniles of Northern prawn (number of juveniles of Northern prawn/total number)	% of juveniles of Northern prawn (number of juveniles of Northern prawn/total number)	% of juveniles of Northern prawn (number of juveniles of Northern prawn/total number)	% of juveniles of Northern prawn (number of juveniles of Northern prawn/total number)
Observations and additional information	Additional information from other sources, e.g. received from master.	Additional information from other sources, e.g. received from master.	Additional information from other sources, e.g. received from master.	Additional information from other sources, e.g. received from master.	Additional information from other sources, e.g. received from master.	Additional information from other sources, e.g. received from master.	Additional information from other sources, e.g. received from master.
Inspector Signature	Not required if completed electronically and transmitted to coastal state by email	Not required if completed electronically and transmitted to coastal state by email	Not required if completed electronically and transmitted to coastal state by email	Not required if completed electronically and transmitted to coastal state by email	Not required if completed electronically and transmitted to coastal state by email	Not required if completed electronically and transmitted to coastal state by email	Not required if completed electronically and transmitted to coastal state by email

3.

The heading of Annex III to Delegated Regulation (EU) 2019/2201 is replaced by the following:

‘ SELECTIVE GRID IN THE FISHERY FOR NORTHERN PRAWN TO BE ALLOWED IN THE CLOSED AREA ’

The term ‘Juveniles of Northern prawn’ as defined in this Regulation corresponds to the terms ‘Pandalus under trigger level’, ‘Pandalus below the trigger size’ and ‘Pandalus under the RTC trigger size’, as defined in the Agreed Record of the Consultations between the European Union and Norway of 6 September 2018.

dd/mm/yy hh mm (local time 24 hours).

e.g. 56°24′ N 01° 30′ E.

hh mm.’

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